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Timeline of International Humanitarian Law
This timeline tracks the development of international law from the Declaration Respecting Maritime Law in 1856 to the establishment of international tribunals for war crimes in the 1990's. (Crimes of War)
Kenneth Roth responds to Henry Kissinger' s criticisms of universal jurisdiction by stressing the importance of an international system of justice. He also points out the necessity for the US to embrace it, “even if it means that Americans, like everyone else, might sometimes be scrutinized”. (Foreign Affairs)2003
Fighting Goliath (December 31, 2003)
Plaintiffs representing 30, 000 residents of northeastern Ecuador sued the US corporation ChevronTexaco in an Ecuadorian court for allegedly causing the “worst oil-related ecological catastrophe in the world.” The lawsuit sends a powerful message to US multinationals, who previously have assumed that legal systems in poor countries “cannot handle the magnitude of such complex cases.” (San Francisco Bay Guardian)International Law: Justice as a Commodity (December 2003)
International law has increased jurisdiction over dictators and war criminals. Nuri Albala argues that national and international economic groups support these perpetrators and still go unpunished. Albala calls on citizens to push for an international legal definition of economic crimes. (Le Monde Diplomatique)Iraq Is Not America's To Sell (November 7, 2003)
In this Guardian article Naomi Klein argues that US occupation Chief Paul Bremer’s economic "reforms" in Iraq violate international law. Klein further argues that it is in US interest to install a "pliant" Iraqi government that would ratify these reforms.Guantánamo: Isolation and Despair in a Legal Limbo (October 15, 2003)
NGOs, human rights advocates and lawyers increasingly accuse the US government of violating international law in the treatment of Guantánamo detainees. This International Herald Tribune article argues that by disregarding the Geneva Convention, the US puts its own armed forces in jeopardy.A Witch-Hunt against Coca Farmers (September 30, 2003)
The US-enhanced fight against terror brought a new wave of arrests to Bolivia. This Narco News article argues that Bolivia’s justice system does not serve the people but instead serves the “government and the North American Empire.”Rights Groups Seek Information on Detainees' Treatment (0ctober 7, 2003)
A lawsuit put together by several organizations will determine if the US violates both domestic and international law at the military camps at Guantanamo Bay and Bagram air base in Afghanistan.(Washington Post)Nike Gets a Pass (September 23, 2003)
This ZNet article criticizes the outcome of a “potential historic case” against Nike. The company settled for a $1.5 million donation to the Fair Labor Association, a group controlled by Nike and other shoe manufacturers.The Exile Files, 2003 (August 21, 2003)
The recent death of Idi Amin in a luxury villa in Saudi Arabia brings renewed scrutiny to other dictators and human rights abusers living out their lives in luxurious impunity. (Mother Jones)Justice for Sale (August 1, 2003)
The recent growth of international and transitional law has not been even. For example, the WTO provides strong protection of economic rights, even going so far as to strike down national laws that contradict free trade. In contrast, international environmental and human rights regulations are often poorly defined and weakly enforced. (Le Monde Diplomatique)Nearly 8 of 10 US Lawyers Favor Globalization of Law (July 10, 2003)
Legal professionals believe the globalization of law could lead to more effective regulation of financial transactions, trade, the environment, and other areas. Lawyers disagree, however, on how to implement such reforms while ensuring vigorous citizen involvement. (Business Credit Management UK)Court in Session (July 2003)
International criminal law has made political and military leaders accountable for crimes against humanity, but tools like the ICC and universal jurisdiction are not yet able to sanction powerful actors who disregard international law, most notably the US. (Le Monde Diplomatique)Avoiding War Crimes in Iraq (July 8, 2003)
US President George W. Bush proclaimed, "The day of Iraq's liberation will also be a day of justice." But human rights advocates fear the occupying powers will plea-bargain away accountability in exchange for information on weapons of mass destruction and the whereabouts of Saddam Hussein. (Daily Star)Safety Match (June 27, 2003)
While the Bush administration has repeatedly said that a lack of political freedom breeds terrorism, it has paradoxically resisted efforts to defend human rights. (American Prospect)US 'Jihad' For Human Rights Immunity Advances (June 25, 2003)
The continuing US campaign against the ICC, universal jurisdiction, and the ATCA reveals a myopic opposition to any effort to hold human rights abusers accountable. (One World)UN Rights Expert: IDF Hits Could be Considered War Crimes (June 18, 2003)
An experienced international jurist argues that Israel's targeted assassinations could be classified as crimes under the laws of war. (Haaretz)Letter from Former US Attorney General Ramsey Clark to President Bush (May 14, 2003)
Former US Attorney-General Ramsey Clark condemns the US government for authorizing US troops to shoot Iraqi looters on sight. “Neither the laws of war, nor peace, or any legal definition of ‘American Justice’, authorize soldiers, or police to shoot looters,” Clark says in this letter to President Bush. (International Answer)Stress and Duress: Drawing the Line between Interrogation and Torture (April 24, 2003)
After two Afghan prisoners died in US custody, this article reviews treaties and customary international law prohibiting the use of torture. US officials have admitted that interrogators use “torture-lite” techniques such as sleep deprivation and forcing prisoners to kneel for hours wearing black hoods. (Crimes of War)Who Owns the Rules of Law? (April 24, 2003)
Both sides in the Iraq war frequently accused each other of breaching the Geneva Conventions. While there is no dispute on the need for fundamental rules governing the conduct of war, there is profound disagreement over who has the authority to declare, interpret and enforce those rules. (Crimes of War)US Commander Franks Faces Belgium Genocide Case (April 18, 2003)
Four doctors used Belgium’s universal competence law to bring an action against US Commander Tommy Franks for war coalition military operations in Iraq. Legal experts think the court may gain jurisdiction over the case despite amendments to the law in March 2003, designed to avoid the law being used for political complaints. (Expatica)Law of Belligerent Occupier (April 15, 2003)
This Crimes of War article offers an excellent analysis of a belligerent occupying power’s obligations to care for the civilian population under international law.Council of Europe Demands Chechnya Tribunal (April 14, 2003)
The Parliamentary Assembly of the Council of Europe voted to set up an international tribunal for Chechnya if the human rights situation in the republic doesn’t improve. Despite the vote, the current situation in Russia and the world means an international tribunal for Chechnya may not become a reality in the near future. (Institute for War and Peace Reporting)Convention for the Protection of Cultural Property in the Event of Armed Conflict
This is a link to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. The convention is being breached by excessive destruction of historical artifacts in Iraq.The Self-Deception of Civilized Warfare (April 10, 2003)
The Geneva Conventions offer guidelines curtailing wanton disregard for humanity during war. However, the mere existence of international law will not inhibit soldiers already inclined to violate basic principles of human dignity, making the Conventions more symbolic than practical. (Yellow Times)US Plans for Iraq Tribunals "A Mistake" (April 8, 2003)
Human Rights Watch calls for an international tribunal to try Iraq’s leaders for crimes against humanity rather than the US sponsored, Iraqi–led judicial process proposed by the Pentagon. “Iraq’s courts have been instruments of repression rather than impartial judicial institutions,” Human Rights Watch said.Tribunals Nearly Ready for Afghanistan Prisoners (April 8, 2003)
The US Government finalized its system of military tribunals to try war prisoners held in Guantanamo Bay after 18 months of denying the prisoners’ any legal process. The Pentagon hopes to persuade prisoners to plead guilty and accept reduced sentences in exchange for information about Al Qaeda. (New York Times)Guerrilla War, “Deadly Deception” and Urban Combat (March 26, 2003)
The Iraqi military has adopted an array of dubious tactics during the war. These include feigning surrender, soldiers dressing as civilians and basing military equipment near hospitals or civilian areas. This Crimes of War article discusses how these acts are governed by international law. (Crimes of War)After Zoran Djindjic: The Future of International Criminal Justice (March 28, 2003)
Zoran Djindjic, the former Serbian Prime Minister, was assassinated the day after the official inauguration of the ICC. Many Serbians believe Djindjic’s cooperation with the International Criminal Tribunal for Yugoslavia was a key reason for his murder. This article analyzes the future of international justice in light of this crime. (Open Democracy)Preventive War Opens Way to New Rules on Conflict (March 27, 2003)
President Bush has “tossed aside the UN charter on war, if not quite torn it up.” This article warns that preventive war is a dangerous precedent which belligerent states could use in the future to justify breaches of international law. (Reuters)One Rule for Them (March 25, 2003)
Washington complains that displaying captured US soldiers on Iraqi TV breaches the Geneva Conventions. This sudden concern for international law does not apply to the US itself. The government feels free to wage an illegal war on Iraq and breach 15 articles of the Geneva Conventions by its treatment of prisoners in Guantanamo bay. (Guardian)Watching Guantanamo (March 14)
The Court of Appeals for the DC Circuit rules that US courts have no jurisdiction over prisoners held at Guantanamo bay. While International Law requires prisoners of war to be held for a conflict’s duration, the war on terror has no tangible end. The US administration exploits this loophole, holding “suspects” indefinitely. (Washington Post)US Should Release Some Guantanamo Prisoners (March 6, 2003)
Human Rights Watch calls on the US to release prisoners held at Guantanamo Bay. The Geneva Conventions only permit detaining war prisoners beyond a war’s conclusion for ‘imperative reasons of security’ or after criminal prosecution. Many of the prisoners detained by the US satisfy neither of these requirements.Globalization of Law and Practices (March 6, 2003)
Increased globalization and national inter-dependence has led to harmonization of commercial, administrative and protective laws across many jurisdictions. As global commercial and financial leaders, the US and UK stand to substantially influence the process of globalization of commercial and contractual law. (Legal Services India)Rights Group Lauds Presidential Decree on Humanitarian Law in Sudan (February 27, 2003)
Sudanese President Omar Hassan al-Bashir has formed a committee to make Sudanese law consistent with international humanitarian law. Amnesty International has praised the initiative hoping it will finally bring security to the civilian population. (IRIN)Bush and Blair Must See that Law Has a Life of its Own (February 23, 2003)
UN Security Council Resolution 1441 does not contain the magic words ‘all necessary means’ when contemplating action stemming from a material breach, meaning a second resolution is necessary to legally justify war. International law has become more important to the public than in the past so the US should be wary of acting alone. (Alertnet)Lawyers, Doctors Warn UN Over US Attack on Iraq (February 12, 2003)
Two groups representing more than 300 international lawyers and physicians have issued statements to the UN Security Council warning that a US attack on Iraq would be in blatant violation of international law and would cost thousands of lives. (Inter Press Service)World Needs 'Green Geneva Convention.’ (February 10, 2003)
A senior UN advisor argues for international law reforms that would prevent the environment becoming a wanton ‘casualty of war.’ Belligerents authorizing environmental destruction, such as the burning of the Kuwait’s oilfields during the 1991 Gulf War, should be held accountable for their actions. (BBC)Lawyers Grapple with Attack on Iraq (January 31, 2003)
This article discusses the wisdom, morality and legality of a US-led war on Iraq. If the US fails to gain UN approval for an attack, it will try to justify its action by arguing that section 51 of the UN Charter actually contemplates anticipatory self defense. (Alertnet)Rethinking the Geneva Conventions (January 30, 2003)
The Swiss government has sponsored an initiative to refine the Geneva Conventions, making them more compatible with the contemporary nature of war. The Conventions govern the conduct of belligerents in war between States, but fail to provide clear guidelines for the use of force against terrorists. (Crimes of War)US Lawyers Warn Bush on War Crimes (January 28, 2003)
President George W. Bush and senior government officials could be prosecuted for war crimes if “military tactics violated international humanitarian law.” In addition, the International Criminal Court in The Hague could prosecute officials from Great Britain and Canada for their actions in a war against Iraq. (Lawyers Against the War)Gotavina Campaign Growing (January 21, 2003)
Hague officials want the Croatian Government to extradite General Ante Gotavina so they can try him for war crimes. His public support in Croatia is only rising though, with his photo on a new range of ‘Gotavina’ red wines and emblazoned across the shirt of a local football team.(IWPR)Lessons from Nuremburg (January 19, 2003)
While the rest of the world attempts to stamp out impunity, the US refuses to sign the ICC Statute while administering its own form of “justice” at Guantanamo Bay. (Japan Today)2002
Law and the Campaign Against Terrorism: The View from the Pentagon (December 16, 2002)
This article discusses the legal justification for the Pentagon’s actions in the war against terror, particularly the detention of Al Qaeda suspects at Guantanamo Bay. Can the rigid structure of the laws of armed conflict have meaningful application in the murky world of counter-terrorism? (Crimes of War)Australian Court in Landmark Internet Ruling (December 10, 2002)
Australian businessman Joseph Gutnick is suing a US business magazine for defamation, claiming it slandered his reputation. The groundbreaking case has the potential to influence publishers and internet sites around the world. (Guardian)Justice under Transitional Administration: Kosovo, East Timor and Afghanistan (September 2002)
This paper analyzes the legal approach of transitional administrations, using Kosovo, East Timor and Afghanistan as case studies. It discusses what legal system should be implemented, who should enforce the law and how transitional administrations build sustainable local institutions in the wake of a legal vacuum. (International Peace Academy)There is No Need to Reinvent the Law (September 2002)
A short essay discussing September 11’s impact on the international legal system. The author argues against many legal experts who feel that the current system must be modified to cater for the contemporary nature of warfare. (Crimes of War)The Future of International Law – Ending the European-US Divide (September 2002)
The US refuses to allow any international organization to erode its legal sovereignty. This is in contrast to Europe’s choice to be bound by supranational institutions such as the ICC or the European Court of Justice. The US must make more effort to work with the international community if international law is to become more enforceable. (Crimes of War)Libya Should Not Chair UN Commission (August 9, 2002)
Human Rights Watch considers Libya’s nomination as chair of the next UN Commission on Human Rights a setback to good governance; the question remains whether Libya’s nomination will be withdrawn.
George Monbiot criticizes President Bush on his plans to wage war against Iraq and his foreign policy as defiant of international law. Having ripped up all treaties which interfere with its strategic objectives, he claims, “the US is now our foremost enemy. We must begin to treat it as such.” (Guardian)US Must Sign Global Treaty on Women's Rights (July 26, 2002)
The Bush Administration believes that the treaty, which commits ratifying nations to overcoming discrimination against women, is “vague” and “complex.” It has been 22 years since President Carter signed it, why has the Senate not ratified it yet? (Common Dreams)UN-Nerving (July 25, 2002)
“Another week, another row about multilateralism” with the US withholding funds to UNFPA and trying to block a new protocol to the anti-torture treaty. President Bush’s attempt to destroy international agreements is, in practice, allying itself with “such champions of human rights as Cuba and Iran.” (Economist)US Fails to Block Anti-Torture Treaty (July 24, 2002)
The US has failed to stop the anti-torture treaty from moving onto the next stage at the General Assembly. The anti-torture treaty aims to enforce the international convention passed 13 years ago and would require UN inspections of prisons such as that in Guantanamo Bay. (Associated Press/ Reuters)US Moves to Undermine New Torture Treaty (July 20, 2002)
The US is once again on a “collision course with its allies over an important mechanism to protect human rights.” This time, the Bush Administration has signaled its opposition and wants negotiations on a treaty to prevent torture. (Human Rights Watch)Toll of Impunity (June 25, 2002)
A new report by Amnesty International accounts for the causes of impunity and its destructive impact on legal systems. In Zimbabwe, “ a culture of impunity has been reinforced for the militias ( … ) who carry out politically motivated (human rights) violations.”America’s Global Leadership Measured by International Law (June 17, 2002)
The Bush Administration's “unsigning [of the ICC] promotes a new philosophy called ‘a la carte multilateralism,” which undermines law and order – the fabric of peaceful relations amongst states. Setting such a precedent, the author argues, will result in the “beginning of the end” of US global leadership. (Foreign Policy in Focus)Rwandan to Resurrect Traditional Justice System (June 17, 2002)
Rwandan President Kagame will “officially launch the nationwide revival of Gacaca courts” – traditional village courts- to begin trying civilians for their alleged role in the 1994 genocide. “Confession and repentance are the cornerstones of the system,” which will provide a high degree of reconciliation. (Agence France Presse)Trial, Detention or Release? (May 17, 2002)
The question of what to do with the prisoners in Guantanamo Bay remains unanswered. Conventional war crimes prosecution is proving close to impossible as evidence gathering is non-existing. Making up laws to prosecute Al-Qaeda members is again undermining the US commitment to international law. (Crimes of War)Holding Individual Leaders Responsible for Violations of Customary International Law: The US Bombardment of Cambodia and Laos (March 26, 2002)
The development of international law has reached a point in which governmental non-accountability and impunity are increasingly questioned. This report questions the legal justification of the US aerial bombing of Cambodia and the accountability of US leaders. (Columbia Human Rights Law Review)Prospects for a “World (Internal) Law?”: Legal Developments in a Changing International System (Spring 2002)
This study provides an in-depth analysis into international law; including the development of the international system, “world politics”, “world law” and the impact of globalization. (Indiana Journal of Global Legal Studies)
In the six months since September 11, 2001, US and European police have arrested nearly 1,400 people in connection with the attacks against the US, but have only charged one of them. This raises questions about whether “traditional law enforcement and judicial procedures can cope with international terrorism.” (Christian Science Monitor)Try Suing Saddam (March 26, 2002)
The New York Times recommends indicting Iraqi leader Saddam Hussein for “genocide against the Kurds, along with other crimes.” This could be achieved through an international tribunal or the International Court of Justice.Military Tribunals Modified (March 21, 2002)
The US government redefined the rules of procedure for the military tribunals that will try Afghan and other prisoners accused of terrorism. This represents a step toward the respect for the rule of law, however a lot must be changed to ensure that Justice will be served. (New York Times)The Globalization of Law: International Merger Control and Competition Law in the United States, the European Union, Latin America and China (Spring 2002)
This article traces the parallel development of anti-trust laws in the US, EU, Latin America and China. Like-sized economies have seen convergence in their anti-trust laws. However, the article suggests that uniform global anti-trust laws – catering to both industrialized and poorer countries – are unlikely. (Journal of Transnational Law & Policy)Bush Presses For Closing of Tribunals (February 28, 2002)
Reflecting its unilateralist stance, the US now wants to limit, or even put an end to, international war crimes tribunals. The administration fears infringements of state sovereignty by an international system of justice applied regardless of nationality. (Wall Street Journal)
2001
UN Prosecutor Believes International Tribunal Best for Bin Laden (December 20, 2001)
Chief UN prosecutor, Carla Del Ponte, has the full support of the new leader of Afghanistan, Hamid Karzai, to try Osama bin Laden before an international tribunal despite US resistance. (Associated Press)Rights Tribunal Orders Million-Dollar Payout From Peru For Executions (December 19, 2001)
The Inter-American Court of Human Rights orders Peru to pay damages to the family victims of the massacres committed by the Fujimori regime. (Agence France Presse)European Court Throws Out Complaint Over NATO Bombing (December 19, 2001)
The European Court of Human Rights rejected a complaint regarding NATO’s responsibility for the 1999 bombing of a Serb television station, ruling that the Convention does not apply to the Federal Republic of Yugoslavia. At the time, Yugoslavia was not a member of the Council of Europe. (Agence France Presse)No World Court Trial for World's Most Wanted Man (December 10, 2001)
As Osama bin Laden falls outside the jurisdiction of the International Court of Justice and because the Statute of the International Criminal Court is not retroactive, a third solution will be for a neutral country to handle the case. (Reuters)US: Military Commissions Can't Compare to International Courts (December 4, 2001)
Human Rights Watch analyses the different judicial standards between the military tribunals announced by President Bush and the war-crimes courts established by the United Nations.(Human Rights Watch)Congolese President Accused of Crimes Against Humanity (December 5, 2001)
Nationals of Congo-Brazzaville filed a third suit against President Denis Sassou Nguesso, accusing him of crimes against humanity for the disappearance of thousand of nationals in 1999.(Agence France Presse)Mock Court Rules Japan Guilty of State "Rape" in WW II (December 5, 2001)
The Women's International War Crimes Tribunal on Japan's Military Sexual Slavery handed down a judgment more than fifty years after the Japanese Imperial Army sexually enslaved over 200 000 women during World War II. (Agence France Presse)French General Would Torture and Kill Again (November 27, 2001)
General Paul Aussaresses admits torturing and killing Algerians in his book “Special Services: Algeria 1955-57”. A 1968 amnesty relating to the Algerian war has blocked Human Rights groups from prosecuting him for war crimes. Instead he has gone on trial as an apologist for war crimes.( Guardian)Israelis File Complaint against Arafat in Belgium (November 27, 2001)
A group of Israelis filed a complaint against Yasser Arafat for crimes against humanity under the 1993 Belgian law, which gave jurisdiction to Belgium Courts to review Ariel Sharon’s responsibility in the Sabra and Shatila camps.( Reuters)UN Court Goes Green (November 26, 2001)
For the first time, the rights of victims of environmental disasters are recognized. The UN Permanent Court of Arbitration will hear environmental disputes between individuals and governments.(BBC)Use of Military Court Divides Legal Experts (November 14, 2001)
Experts in international law react on the merits of George Bush’s proposal to establish special military tribunals to try foreigners accused of crimes during “war”.(New York Times)Bush to Subject Terrorism Suspects to Military Trials (November 13, 2001)
George Bush has decided to set up special US military tribunals to try people charged with terrorism both at home and abroad. At the same time, law enforcement authorities will investigate Middle Eastern men who entered the country legally. (New York Times)Dubious Legality of Afghan Bombing (November 13, 2001)
This article from Dawn confronts the US-led bombings in Afghanistan on the basis of international legal instruments.Defining A Just War (October 29, 2001)
Princeton University Professor Richard Falk outlines a number of different possible approaches to the September 11 attacks, concluding that the US action is a “just war” as long as the military means are limited in accord with principles of humanitarian law.(The Nation) Stephen Shalom responds with a detailed critique.(Zmag)France Demands Arrests of 15 Pinochet-Era Officials (October 24, 2001)
France issued international arrest warrants for retired chilean military officials for alledged unlawful imprisonment and torture. Under French law, a criminal trial in abstentia could take place against the suspects as well as Pinochet. (Reuters)NATO Challenged over Belgrade Bombing (October 24, 2001)
A complaint against NATO members has been filed before the European Court of Human Right for the bombing of a TV station in 1999 in Kosovo. (BBC)Trial by Peers (October 15, 2001)
The Guardian points out that under the present international system, three possible solutions could bring Osama Bin Laden to Justice. One of them being the Islamic Law.Terrorists Should Be Tried in Court (October 12, 2001)
Violence just leads to more violence. Only justice and institutions can deal with terrorism, especially when so many different geo-strategic interests are involved. (Guardian)Lynch Mob Justice or a Proper Trial (October 5, 2001)
If the evidences point Bin Laden as the prime suspect for the September 11 attacks, he is still not “guilty as charged”. The guardian stresses the need for an international instance capable of trying him fairly according to the fundamental principles of international law. (Guardian)Trying to Try Sharon (September/October, 2001)
The Belgium court will decide whether Israeli Prime Minister Ariel Sharon can be tried for his alleged role in the massacres of Palestinian and Lebanese civilians in the Sabra and Shatila refugee camps. (MERIP)Justice, Not War (September 29, 2001)
Could the September 11 attacks, now defined as crimes against humanity, make the US aware of the importance of International Law and the feasibility of the International Criminal Court? (Washington Post)UN Says Attacks Show Need for Global Court (September 26, 2001)
Legal experts define the attacks on the US as a “crime against humanity”. Can we really name it as such or is the International Community seizing the opportunity to have the US ratify the Rome Statute? (Washington Times)Crimes Against Humanity: An Interview with Benjamin Ferencz, (September 19, 2001)
Stressing out the importance of International Law, Mr. Ferencz favors the creation of an ad hoc International Criminal Tribunal to try the criminals charged with the September 11 attacks.(TFF)UN Appointed Human Rights Expert Recommends Setting Up Committee to Investigate War Crimes in Somalia (September 6, 2001)
A UN human rights expert will urge the Security Council to set up a committee to investigate war crimes in Somalia - including the action of UN troops deployed in the country between 1992 and 1995. (Associated Press)Africans Need the Laws and Courts to Punish Their Warlords (August 21, 2001)
Globalization is encountering justice with war crimes tribunals, universal jurisdiction and the international criminal court. Africa wonders whether this path is good or bad for this area. (International Herald Tribune)Ivory Coast Gendarmes Acquitted (August 4, 2001)
After a military court in the Ivory Coast acquitted eight paramilitary police of murder, the victims' family members are being urged by Human Rights Watch to take their case to the Belgian courts. (SBS)Spanish Judge Holds Argentine Ex-Officer (August 1, 2001)
Baltasar Garzon has decided to detain former Argentine navy officer Adolfo Scilingo after he was charged charges of deaths and disappearances arising from military rule in Argentina between 1976 and 1983. Scilingo had come to Spain to voluntarily testify in another case. (BBC)Israel Is Wary of Rights Cases Across Borders (July 28, 2001)
The Israeli foreign ministry issued a warning to government officials that they should be careful when travelling to countries where they could be arrested for alleged abuses of Palestinian human rights. This warning follows charges brought against Israeli PM Ariel Sharon in a Belgian court and heated discussion in Denmark over whether or not to charge the new Israeli Ambassador, and former chief of Shin Bet, Carmi Gillon, with war crimes. (New York Times)Extradite Astiz, Argentine Government Urged (July 27, 2001)
José Miguel Vivanco, executive director of Human Rights Watch's Americas Division, urged Argentine President De La Rúa to extradite former naval officer Alfredo Astiz to Italy. where he is wanted for trial for kidnapping and torturing three Italian-Argentinians. Astiz is also wanted in other countries, and has already been sentenced in absentia to life imprisonment in a French court. (Human Rights Watch)Guidelines Issued for Trials of Rogue Leaders (July 23, 2001)
A group of jurists and legal scholars has introduced fourteen provisions to act as guidelines for the trial of heads of state and other public figures, entitled the Princeton Principles on Universal Jurisdiction. (New York Times)UN Weak-Willed in Fighting Genocide (July 22, 2001)
Peter H. Maguire argues that the UN and human rights-advocates often use war crimes tribunals to cover up failed peacekeeping missions, but that "trials can never make up for shameful inaction in the face of preventable genocide." (Dawn)Operation Condor: Deciphering the U.S. Role (July, 2001)
According to recently de-classified files, the U.S. aided and facilitated Condor operations as a matter of secret but routine policy. The militaries defied international law and traditions of political sanctuary to carry out their ferocious anticommunist crusade. (Crimes of War)Seven Candidates for Prosecution: Accountability for the Crimes of the Khmer Rouge
Using newly-available archival evidence, this report examines the responsibility of seven senior officials for their roles in developing and implementing the murderous policies of the Communist Party of Kampuchea (CPK), known to its enemies as the "Khmer Rouge," during the mid- to late-1970s. (War Crimes Research Office)Where Justice Takes a Back Seat to Just Ending War (July 15, 2001)
Will prosecuting African leaders for war crimes be a waste of money that could be better spent funding human development projects, or will it create a new standard of accountability for leaders that will lead to better democracy and, in turn, allow for increased human development. (New York Times)West Accused of Double Standards on Atrocities (July 13, 2001)
Anton La Guardia questions the discrepancy in spending on tribunals in Europe and in Africa. While Milosevic has been brought to trial there still has not even been a tribunal established to prosecute RUF leader Foday Sankoh. (The Guardian)Keep Politics Out of the Global Courts (July 13, 2001)
Cherie Booth and Philippe Sands criticize the selection process of the international judiciary, and its overwhelmingly male composition. (The GuardianEx-Dictator Charged for Operation Condor Crimes (July 10, 2001)
Argentina's Jorge Rafael Videla became the first former Latin American dictator to be indicted for Operation Condor, the joint repressive missions carried out by the Southern Cone dictatorships of the 1970s and 1980s, with apparent backing from the United States. (New York Times)Court in Chile Rules Against Trial for Pinochet (July 10, 2001)
A Chilean appeals court ruled yesterday that General Augusto Pinochet, Chile's former dictator, is not well enough to stand trial on charges that he covered up the killings of political opponents by a death squad shortly after he seized power in 1973. (New York Times)Milosevic Trial Evokes Hopes for Justice Vs Asian Despots (July 10, 2001)
Milosevic's extradition to The Hague has given hope to human rights campaigners in Asia that the impunity enjoyed by authoritarian bloodthirsty leaders in their own region may also crumble soon. (Inter Press Service)Beyond Milosevic, Long-Range Justice Raises Fears of Eroding Sovereignty (July 1, 2001)
Some commentators fear that the emerging universal jurisdiction for war crimes may present an "alarming challenge to national sovereignty and a potentially unpredictable political tool." (New York Times)A Nuremberg Prosecutor’s Response to Henry Kissinger (July 2001)
Professor of International Law Benjamin B. Ferencz challenges Kissinger's characterization of univeral jurisdiction and the International Criminal Court.A Critique of Henry Kissinger's "The Pitfalls of Universal Jurisdiction" (July 2001)
World Federalist John M. Forbes responds to Kissinger's criticism of universal jurisdiction for war crimes and the International Criminal Court. (Foreign Affairs)The Pitfalls of Universal Jurisdiction: Risking Judicial Tryanny (July / August 2001)
Former US Secretary of State Henry Kissinger criticizes the recent development of universal jurisdiction for war crimes in national courts and the soon to be established International Criminal Court. (Foreign Affairs)Dictators in the Dock (June 26, 2001)
This editorial surverys the recent blows to the impunity traditionally reserved for heads of state. (New York Times)Chile's Effort to Try Pinochet Is Running Out of Steam (June 25, 2001)
The prosecution of Augusto Pinochet, on charges that he covered up the murders and disappearances of scores of dissidents in 1973, is drawing to a slow procedural death. (New York Times)Final Judgment of the Korea International War Crimes Tribunal (June 23, 2001)
The Korea International War Crimes Tribunal finds the US guilty of war crimes. This civilian tribunal calls for the immediate end of US occupation of all Korean territories and urges the immediate revocation of the sanctions against North Korea.(International Action Center)Salute to a Rights Campaigner Who Gave Genocide Its Name (June 13, 2001)
Rafael Lemkin is honored at the UN for his work in making genocide a punishable international offense. (New York Times)War Crimes Suspect Who Fled Britain Fights Extradition (May 30, 2001)
An alleged Nazi war criminal who fled to Australia from Britain last year is likely to stand trial in his native Latvia after a Melbourne court ordered him to be extradited. (Independent)DRC Tribunal Possible (May 25, 2001)
The UN is ready to assist the DRC in a move to establish an International Criminal Tribunal to punish war crimes if Kinshasa requests it. (TOMRICFrance Asked To Investigate Alleged War Crimes (May 16, 2001)
In a letter to Jacques Chirac, Human Rights Watch requests the French government to instigate an official investigation into allegations of war crimes and crimes against humanity by French forces in Algeria.Media Group Calls On UN to Indict Charles Taylor for War Crimes (May 14, 2001)
The Association of Liberian Journalists in the Americas appeals to the UN Security Council to establish a legal framework to indict Taylor for war crimes and crimes against humanity, reports the Perspective.Police to Investigate Saddam 'War Crimes' (April 25, 2001)
Scotland Yard investigates the possibility of trying Saddam Hussein and Tarik Aziz for war crimes. (BBC)2000
Arabs Want Israelis Tried for War Crimes (October 23, 2000)
An angry Arab League calls on the Security Council to set up a war crimes tribunal to investigate Israeli actions in the recent fighting. Meanwhile, the violence continues. (Times (London))Regulatory Aspects: Globalization, Harmonization, Legal Transplants, and Law Reform -- Some Fundamental Observations (2000)
This paper discusses the transplantation of legal norms, commercial law and institutions to “failed” or transitional states. Whilst generally approving of legal transplantation, the article notes that transplanted law is most effective when “voluntary” and based on “soft law,” i.e. proffered legal templates and guides, rather than imposed national legislation or treaties. (International Lawyer)
1999
Put Clinton on Trial for War Crimes, Too, US-Palestinian Writer Urges (June 17, 1999)
Well-known US-Palestinian intellectual and Columbia University Professor Edward Said called President Clinton a war criminal for his administration's involvement in Kosovo and for "genocidal" sanctions against Iraq. (Agence France Press/Jordan Times)
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