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REPORTS ARCHIVE FOR THE YEAR 2002
The following is a complete collection of InternationalLawHelp.com Reports for the year 2002.
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2002 Reports |
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Ninth Circuit Court of Appeals Blocks Mahah Whaling Absent an Environmental Impact Statement
On Dec. 20, the Ninth Circuit Court of Appeals in San Francisco overturned a district court ruling allowing the continuation of aboriginal whaling for gray whales in the North Pacific. The Ninth Circuit's ruling in Anderson v. Evans requires the National Oceanic and Atmospheric Administration (NOAA) and the National Marine Fisheries Service to produce an environmental impact statement on the issue before a resumption of whaling may continue. Specifically, the court held the environmental assessment offered by the federal government was deficient in that it did not adequately address the effect of the tribe's whaling activities on local whale populations and its potential set a precedent in other related areas, including aspects of international whale conservation and management Click here for a link to the decision in Anderson v. Evans on the Ninth Circuit Court of Appeals website.
ICTY Exempts War Correspondents from Testifying Before Tribunal in Most Cases
On Dec. 11, the International Criminal Tribunal for the former Yugoslavia (ICTY) ruled that war correspondents would only be compelled to testify before the Tribunal in cases where the evidence sought to be obtained from them is "of direct and important value in determining a core issue in the case" and the information must be such that it "cannot reasonably be obtained elsewhere." The ruling protects journalists and recognizes the important function they serve in international relations. Specifically, the ruling will foster the ability of journalists to obtain candid interviews; future interviewees will understand what they tell a war correspondent will not likely be offered as evidence in a war crimes trial against them. The ICTY's ruling will likely serve as a basis for other international tribunals on the same question.
President Bush Promises "Massive" Retaliation if WMD's Used Against US or Allies
In one of the clearest statements yet from the White House on the threat of Weapons of Mass Destruction (WMD's), on Dec. 11 the President announced a strategy whereby the US would respond with "massive" retaliation if WMD's were deployed against the US, its soldiers or allies. Logically, the implied threat is the use of nuclear weapons to respond to the use of WMD's. This strategy, which is part of the ongoing war on terrorism, is certainly meant to send a signal of deterrence to rogue regimes that support terrorists and terrorist networks and either have, or are seeking to obtain, WMD's. It is widely believed that a similar promise to Saddam Hussein in 1991 helped deter him from using such weapons against allied forces, Israel and Saudi Arabia during the Gulf War.
UN Passes Strong Resolution Renewing Weapons Inspections in Iraq and Warning of Serious Consequences if Violations Continue
On November 8, after months of negotiations and political posturing ,the UN Security Council unanimously adopted a new resolution (1441) demanding a resumption of weapons of mass destruction inspections in Iraq. The resolution requires inspections under very strict terms including allowing inspectors unfettered access to all sites in Iraq and allowing investigators to take scientists and their families outside of Iraq to be interviewed. Resolution 1441 goes on to call for "serious consequences" if Iraq continues to defy and obfuscate as it has under previous inspection regimes. Click here for a link to Resolution 1441 on the UN website.
Iceland Rejoins International Whaling Commission
Iceland, a traditional whaling state, has rejoined the International Whaling Commission (IWC) after a 10 year absence. It left the IWC in 1992 after disagreements with its moratorium on commercial whaling. Iceland's re-admission occurred after a tumultuous special session in Cambridge, England where Iceland sought to re-enter with a reservation to the present moratorium. Its application for admission was approved by one vote. By all accounts, Iceland's readmission strengthens the claim of pro-whaling states, most notably Norway and Japan, that seek to overturn the present moratorium. The IWC is the product of the 1946 International Convention for the Regulation of Whaling (available on the Documents Page). Click here for a link to the IWC website.
ICTY Accepts First Guilty Plea from High Ranking Serb Leader; Considers Status of Reporters' Testimony
Mrs. Biljana Plavsic became the first high ranking Serb official to plead guilty before the International Criminal Tribunal for the Former Yugoslavia (ICTY). She admitted persecuting people on political and religious grounds but other charges against her were dropped as part of her plea bargain. In other news before the ICTY, the tribunal heard legal arguments on whether or not a reporter covering the Balkan wars could be subpoenaed and compelled to testify before the Court. The issue arises from the possible interest by the prosecution and defense in calling a Washington Post reporter named Jonathan Randal to testify. Thirty-four news organizations are urging the ICTY to exempt reporters from subpoena. Their concern is that a journalist's sources would be unwilling to provide information if the journalist could be forced under oath to divulge what he or she knew. Click here for a link to the ICTY website.
E.U. Agrees to Exempt U.S. Employees from I.C.C. Jurisdiction
The European Union (E.U.) agreed not to extradite U.S. soldiers and government officials to the new International Criminal Court (I.C.C.) under the condition that any U.S. national suspected of genocide, crimes against humanity or war crimes would be tried in the U.S. The U.S. needs to study the decision before an official response will be issued.
East Timor Becomes 191st UN Member; Germany to Get Seat on Security Council
On September 27, East Timor was formally admitted as the 191st member of the United Nations. Germany will get a rotating seat on the Security Council beginning in January, 2003. Other states elected to the Security Council to begin their 2-year term in 2003 are Pakistan, Chile, Angola and Spain.
President Bush Lays Out Policy of Pre-emption in Responding to Security Threats
On September 20, US President George W. Bush released, "The National Security Strategy of the United States of America." This document is a blueprint for US national security goals in the 21st Century. In the National Security Strategy, the US identifies the greatest threat of the 21st Century as laying at "the crossroads of radicalism and technology" and explains the US policy of pre-emption to interdict those threats before their potential for destruction is realized. Among the broad goals outlined in the document are to strengthen alliances, promote democracy and free trade around the world and proactively responding to military and terrorist threats. Click here for a link to the National Security Strategy of the United States of America on the White House web site.
President Bush Challenges UN to Address Iraqi Threat/Other UN News: Switzerland Becomes 190th Member, Taiwan Membership Again Rejected
On September 12, in a strongly worded address to the UN General Assembly, US President George W. Bush set out his list of concerns about Iraq's non-compliance with UN Security Council resolutions over the last decade. In doing so he expressed US need and willingness to deal unilaterally with Iraqi dictator Saddam Hussein if the UN didn't. Most urgently, President Bush highlighted the need to curb Saddam's nuclear program which he is pursuing in violation of Security Council resolutions. This speech, by laying the problem at the feet of the UN, mollified some critics of President Bush who were concerned the US would act unilaterally against Saddam under any circumstances and not consult with US allies. Future weeks will tell how far the Security Council is prepared to go in securing new weapons inspections and authorizing military measures should Iraq not comply. In other UN news, Switzerland formally became the 190th UN member at the opening of this year's General Assembly. Although Switzerland has participated in many UN functions, including hosting UN offices in Geneva, it has previously rejected UN membership under its concern for neutrality. In addition, after pressure from China, the matter of Taiwan's admission was rejected from being placed on the General Assembly's agenda. Taiwan, the Republic of China, was a founding member of the UN but in 1971 it lost its seat and its membership on the Security Council to communist China. This occurred when Richard Nixon sought better relations with the communist People's Republic of China. Click here for a link to the full text of President Bush's UN speech on the White House Website.
WTO Rules Against US, For EU in Foreign Sales Corporation Subsidy Dispute
On August 30, the World Trade Organization (WTO) ruled that the EU was entitled to impose $4 billion in trade sanctions against the US for the practice of allowing "FSCs" or Foreign Sales Corporations. FSCs are authorized by US law and permit US corporations engaged in export to set up off-shore subsidiaries. FSCs are largely exempt from US taxes. The WTO has previously ruled that US FSCs amount to an unfair subsidy to US businesses in violation of WTO free-trade rules. This time the WTO panel simply addressed itself to the amount of sanction the EU was entitled to impose. The EU will likely give the US a reasonable time to comply with the ruling before it implements the sanctions. The sanctions could potentially hurt European consumers, in addition to the US, in the form of higher tariffs. The WTO Director-General Mike Moore has urged both the US and EU to successfully negotiate the resolution of the FSC dispute. Click here for a link to Director-General Mike Moore's statement as well as documents on the WTO Website.
Journalist Testimony Before ICTY Raises Questions About Role of Media in War and War Crimes Trials
On August 28, a reporter with the BBC testified voluntary for the prosecution against Slobodan Milosevic. Her testimony related to actions at the Dubrava prison which she covered as a journalist in 1999. She was cross-examined by Milosevic himself who is acting as his own attorney. The testimony of this reporter has sparked a debate about the role of journalists in war time. One position is that they should, like any other witness, be able to testify to what they observed. On the other hand, some have argued that war correspondents roles will change if they can be called as witnesses. For example, will their jobs be made more difficult and dangerous if they may ultimately bear witness against one set of combatants or another in a war?
"Earth Summit" Opens in Johannesburg, South Africa
On August 26 the "World Summit on Sustainable Development" also referred to as the "Earth Summit II" or "Rio+10," opened in Johannesburg, South Africa. The conference has been billed as a 10 year follow-up to the United Nations Conference on Environment and Development held in Rio de Janeiro in 1992. This conference has the stated purpose of further refining the concept of sustainable development which is a cornerstone of modern international environmental law. Although a delegation of US officials is present, the absence of President Bush along with what is perceived by some as a weak environmental record by the US has prompted strong criticism by other conference attendees. In addition, "anti-globalization," radical environmental and other extremist groups which have become a standard fixture at international gatherings, threaten to detract from the objectives of the conference. Click here for a link to "Earth Summit II" documents and proceedings on the UN Website.
U.N. Reaches Temporary Compromise to Insulate U.S. Nationals from I.C.C. and Retain U.S. Participation in Bosnia Peacekeeping
On July 12, in late session, the U.N. Security Council reached a compromise that will exempt U.S. nationals serving as peacekeepers from prosecution in the new I.C.C. for one year. In return, the U.S. agreed to continue participation in peacekeeping in Bosnia. The compromise results from a clear sentiment in the Bush administration that it will do all it can to exempt U.S. nationals from the reach of the new court. This action by the Security Council raises a good question as to whether the Security Council can basically re-write a treaty (the Rome Statute) for the sake of political expediency. Ultimately, this compromise resolution is grounded in language of the Rome Statute so it need not be considered an actual interference with the purposes of the treaty. Click here for a link to an article on the Security Council action on the UN Website.
New African Union Replaces Organization of African Unity
On July 9 the African Union (AU) came into existence replacing the old Organization of African Unity (OAU). The new AU has 53 members and is modeled on the European Union (EU). As contrasted with the OAU, it has a more formal collective decision-making apparatus and the potential for intervention in Africa's many civil wars and ethnic and tribal conflicts. The old OAU was created in the early 1960's to help the continent decolonize, but was widely regarded as constitutionally weak and ineffective. Click here for a link to the AU Website.
I.C.C. Comes Into Existence Without U.S.
On July 1, the International Criminal Court (I.C.C.) formally came into existence and is now available to begin receiving complaints for war crimes, crimes against humanity and genocide. The Court, which is based in the Hague, only has jurisdiction over alleged acts committed after July 1, 2002. The Bush administration remains staunchly opposed to the I.C.C. for fear that U.S. servicemen and women would potentially be subject to frivolous prosecutions before the Court. On June 30, the U.S. even vetoed the Security Council's peacekeeping mission in Bosnia because it didn't receive sufficient assurances that U.S. military personnel in the mission would be exempted from the Court's jurisdiction. Click here for a link to the I.C.C. Website.
Federal Court Dismisses Lawsuit Against Polish Government for Confiscation of Jewish Property During the Holocaust
On June 24, Judge Edward R. Korman of the Eastern District Court in Brooklyn dismissed a lawsuit filed on behalf of Holocaust survivors against the Polish government claiming compensation for property expropriated from them in Poland during WWII. Much of Poland was occupied by Nazi Germany from 1939 to 1945 and many Poles collaborated in the Nazi genocide of Poland's Jewish population. In Garb v. Republic of Poland Judge Korman ruled the Foreign Sovereign Immunities Act (FSIA) of 1976 did not apply retroactively and therefore could not be used as a basis of a lawsuit against Poland for Nazi-era crimes. The FSIA (available on our Documents page) is U.S. legislation authorizing lawsuits against sovereign governments in certain cases. Click here for a link to Judge Korman's Order in Theo Garb v. Republic of Poland in pdf format on the U.S. Courts Website.
ICJ Fixes Time Limits for Reply and Rejoinder in Nicaragua v. Honduras Caribbean Sea Maritime Delimitation Case
On June 18, the International Court of Justice (ICJ) fixed the time limits for the filing of the Reply by Nicaragua and the Rejoinder by Honduras in their maritime border dispute in the Caribbean Sea. The related land boundary dispute between these two states was settled by an arbitral award of the King of Spain in 1906. Nicaragua filed the present case in the ICJ on December 8, 1999 and predicated jurisdiction on the compromissory clause in the American Treaty on Pacific Settlement ("Pact of Bogota") of 1948 as well as the optional clause of Article 36(2) of the ICJ Statute. By the Court's order, Nicaragua must file its Reply by January 13, 2003 and Honduras must file its Rejoinder by August 13, 2003. Click here for a link to the Press Release of the ICJ's Order on the ICJ Website.
Japan Opposes Aboriginal Whaling After Moratorium is Upheld
U.S. "Un-signs" I.C.C. Statute, Congress May Require Military Rescue of Any American Detained By the Court
In early May, shortly after the ratification of the remaining members necessary for entry into force, the Bush administration has indicated it will not cooperate in any way with the new International Criminal Court (I.C.C.) which will become fully operational in July. The administration has undertaken to "unsign" the Rome Statute which establishes the I.C.C. Such a move is almost unheard of in the annals of international law. In addition, the House Appropriations Committee, in a measure sponsored by Rep. Tom Delay, would require as part of a military appropriations bill, that the U.S. military be required to extricate Americans detained by the Court. This latter measure was controversial and debated by House members in that it would ultimately require the U.S. to invade the Netherlands. The seat of the new I.C.C. will be in the Hague.
Permanent Court of Arbitration Boundary Commission Adjusts Border Between Eritrea and Ethiopia
On April 14, the Boundary Commission established by Eritrea and Ethiopia to delimit their border rendered its decision. The Boundary Commission was established by Agreement in December 2000, "to delimit the border based on pertinent colonial treaties and applicable international law." The Boundary Commission operates under the auspices of the Permanent Court of Arbitration (PCIJ), the premises for which are in the Peace Palace in the Hague. Click here for a link to the Boundary Commission's Decision on the PCIJ Website.
I.C.C. Established After Final States Ratify Rome Statute
On April 11, the final ratifications necessary to establish the new International Criminal Court (I.C.C.) were deposited, enabling the new tribunal to come into existence in July, 2002. The I.C.C. is the product of the Rome Statute which was negotiated in 1998. The seat of the Court will be in the Hague and it will have jurisdiction over war crimes, crimes against humanity and genocide committed after July 1, 2002. The U.S. was conspicuously absent from the ceremony marking the ratification by the 60th state. Although President Clinton signed the Court's Statute before he left office, the Bush administration has vehemently opposed the I.C.C. and some observers speculate President Bush is contemplating "unsigning" the Statute. The U.S. fears that U.S. forces could potentially be the subject of frivolous or malicious prosecutions at the hand of I.C.C. prosecutors. Click here for a link to the I.C.C. Website.
U.S. Refines Rules for Military Tribunals
Following much criticism and debate over the use of military tribunals to try accused terrorists, the Bush administration has responded by clarifying, and indeed mitigating, some of the harshest aspects of the proposed tribunals. Several new features where made public on Thursday, March 21, including: A defendant is presumed innocent until proven guilty; A defendant has a right to a lawyer, either an appointed military lawyer or he may hire a civilian one; The standard of proof is beyond a reasonable doubt; A defendant has a right to see evidence against him unless it is classified; Hearsay evidence is admissible but prosecutors can only introduce evidence that has "probative value to a reasonable person"; A defendant may present evidence on his own behalf and confront the witnesses for the prosecution; A defendant cannot be made to testify at his own trial; Proceedings will be open to the public unless the presiding officer determines it is necessary to close the proceedings to protect classified or sensitive evidence, or to guard the safety of trial participants; To find someone guilty, there must be a two-thirds majority of the tribunal; A death sentence must be decided unanimously by a seven-member panel; There is a very limited right to appeal to a 3 member "review panel". Human rights groups and professional organizations are applauding these new rules as a positive development contributing to the fairness of the proceedings. It is not known when the tribunals will be ready for operation.
Anti-Smoking Treaty Gains Momentum
Under the auspices of the World Health Organization (WHO), a global anti-tobacco treaty is currently under negotiation. The 191 countries that are member-state participants in the work of the WTO gathered in Geneva the week of March 18, 2002 to begin the fourth round of negotiations on the treaty. The conference participants noted that India's Supreme Court recently ordered an immediate cessation on smoking activities in many public places. The action by the Indian government highlights the enormously important role of domestic law in problems of public health, even where those problems are of an international magnitude. Any provisions of the proposed anti-smoking treaty will most likely largely rely upon national laws to accomplish its objectives.
Progress in Development of Sierra Leone War Crimes Tribunal
Two months after the U.N. signed an agreement with Sierra Leone to establish a war crimes tribunal to try accused war criminals from the country's civil war, some progress was reported in its development. The U.N. Secretary General will select the majority of the tribunal's judges while the others, as well as the chief prosecutor, will be selected by the government of Sierra Leone. It is contemplated that there will be a single trial chamber comprised of three judges, two of who will not be of Sierra Leonean nationality. The appeals chamber will have five judges of which three will not be Sierra Leonean. A goal of the Sierra Leone ad hoc tribunal is to be leaner and more bureaucratically efficient than the former Yugoslav and Rwandan tribunals. It is hoped the new tribunal will begin operating by the fall 2002 and will have issued its first indictments by the end of 2002.
Switzerland Votes to Join U.N.
On March 3, the people of Switzerland voted to become the 190th member of the United Nations. They will formally apply for membership in the General Assembly later this year. Since the U.N.'s founding in 1945 the Swiss have prided themselves on their neutrality and lack of participation in many U.N. functions. This is despite the fact that Geneva is the European headquarters of many U.N. agencies. The vote was extremely close and reflected a balance between a desire to maintain its traditional neutrality and a growing desire to integrate into the post-Cold War world. A previous vote on U.N. membership in 1986, during the Cold War, was overwhelmingly rejected. Another potential outcome of the Swiss decision is to improve the country's image, badly damaged in recent years by exposure of its Holocaust-era banking scandals.
Japan to Increase Scientific Whaling Catch in the Pacific
On February 22, Japan notified the International Whaling Commission (IWC) that it would increase its annual harvest of minke whales and sei whales by 50 specimens apiece in its Pacific scientific whaling program. Japan also harvests 440 minke whales per year in its Antarctica scientific program. Japan's scientific whaling programs are permitted under the 1946 International Convention for the Regulation of Whaling (ICRW) (the ICRW is available on the Documents Page), however, other IWC members have strenuously objected to the practice and asked them to reconsider the lethal research. The objections relate not only to the lethal nature of the research but also the fact that whale meat generated from the scientific programs end up in Japanese fish markets and restaurants. Anti-whaling advocates consider the Japanese scientific whaling programs to be an end-run around the IWC's moratorium currently in place against commercial whaling. The US in particular, has threatened retaliatory action against Japanese fishing and trade practices for their ongoing lethal scientific whaling activities. Click here for a link to the IWC Website.
ICJ Decides Arrest Warrant Case (Congo v. Belgium), Government Minister Immune from Criminal Prosecution in Another State
On February 14, the International Court of Justice (ICJ) issued its decision in the "Arrest Warrant case (Congo v. Belgium)." The case arose from an arrest warrant Belgium issued in 2000 against then-serving Congolese Foreign Minister Aboulaye Yerodia. Yerodia was implicated in inciting hatred against ethnic Tutsi's in 1998. Belgium sought to put him on trial pursuant to a Belgian statute based on its powers of universal jurisdiction. The ICJ ruled that the Belgian warrant violated Yerodia's immunity as a sitting government minister when the warrant was issued and circulated to Interpol in contemplation of his arrest and extradition to Belgium. The fact that he was no longer serving in that capacity was unpersuasive to the ICJ in that it was obligated to determine the admissibility of Congo's application at the time the case was filed. The ICJ ordered Belgium to cancel the warrant immediately. The ICJ's holding will likely have a profound impact on other high profile cases under investigation or pending in the Belgian courts directed against foreign leaders. Most notably, cases involving Israeli Prime Minister Ariel Sharon, Palestinian leader Yasir Arafat and Cuban President Fidel Castro. Click here for a link to press releases and other documents including the full opinion in the "Arrest Warrant case" on the ICJ Website.
Bush Unveils Plan to Reduce U.S. Greenhouse Emissions
On February 14, President Bush unveiled his plan to reduce the buildup of greenhouse gas emissions in the United States. The plan relies on voluntary reductions that are induced by tax credits. With this proposed framework, Bush has highlighted his primacy for economic concerns over purely environmental ones. The plan was offered as a substitution for US participation in the Kyoto treaty. The US signaled its withdrawal from the Kyoto treaty in 2001. Key members of Kyoto and environmental groups have assailed the Bush plan as too little too late to confront the problem of global warming/climate change. Click here for a link to information on the Climate Change Plan on the White House Website.
Milosevic Trial Begins with His Defiant Denunciation of the ICTY
On February 12, Slobodan Milosevic's trial formally began in the International Criminal Tribunal for the former Yugoslavia (ICTY). In the trial the prosecution will seek to prove war crimes and crimes against humanity arising from the modern Balkan wars. The first three days saw Milosevic angrily denounce the tribunal claiming it lacked lawful jurisdiction to try him and assailing NATO for its own alleged atrocities in its campaign in the Balkans. The trial is likely to last two years with hundreds of witnesses expected to be called by both the prosecution and defense. Milosevic has shunned legal assistance and at least for now is representing himself. Click here for the latest information and documents in Milosevic's case on the ICTY Website.
U.N. and Cambodia End Talks Over Khmer Rouge Tribunal
U.N. Secretary General Kofi Annan announced on February 8, that the U.N. would formally end its talks with Cambodia over the establishment of a tribunal to try Khmer Rouge members accused of war crimes. The Khmer Rouge ruled Cambodia from 1975-1979. The talks between the U.N. and Cambodia have progressed over the past 5 years but became bogged down in the last several months when Cambodia made clear that the formula it put forward for the tribunals was an all-or-nothing proposition for U.N. participation. Faced with that choice, Mr. Annan decided to end U.N. discussion over the issue. This leaves Cambodia free to establish the tribunal on a unilateral basis. Proceeding unilaterally, however, may deprive Cambodia of international legitimacy of the process because the Cambodian justice system is largely considered to be inadequate to the task. In 1999, Cambodia turned down the option of a fully international tribunal and instead insisted on a hybrid tribunal reflecting both Cambodian law and international law.
Milosevic to Face Single Trial for All Charges
The case against Slobodan Milosevic in the International Criminal Tribunal for the former Yugoslavia (ICTY) moved forward on February 1, when an appeals panel of the ICTY ruled that Milosevic will face a single trial combining the charges against him concerning crimes in Croatia, Bosnia and Kosovo. Legal experts typically regard this type ruling, consolidating charges, as a victory for the prosecution. In this case, the prosecutors will attempt to show that the actions in Bosnia, Croatia and Kosovo were part of a plan to create a Greater Serbia by eliminating Moslems and ethnic Albanians. Milosevic has indicated he is mounting a defense that could involve his calling as witnesses former President Bill Clinton, former Secretary of State Madeleine Albright, and British Prime Minister Tony Blair. The trial is scheduled to start February 12, 2002. Click here for a link to the latest information on the Milosevic case on the ICTY Website.
Appeal Begins for Lockerbie Convict
The appeal has begun for Abdelbaset Ali Mohmed al-Megrahi almost one year to the day after he was convicted in the 1988 Pan Am 103 Lockerbie bombing case (See January 2001 Reports). As part of the appeal al-Megrahi's lawyers are claiming they have evidence the bomb was put on the Pan Am 103 flight at Heathrow airport in the UK and not in Frankfurt where the prosecution claimed at the trial. Mr. al-Megrahi is serving a life sentence. His co-defendant in the trial, Al Amin Khalifa Fhimah, was acquitted. For an analysis of various important international legal issues presented by the Pan Am 103/Lockerbie case see our Forum (Howard S. Schiffman's post of 2/3/01 entitled, "The Lockerbie verdict and what we can learn.").
War Crimes Tribunal In Sierra Leone to Start with 20 Defendants When Active
A UN planning mission will travel to Sierra Leone in mid-January to start the process of arranging headquarters, hiring staff and beginning investigations for the ad hoc tribunal that will address international law crimes of the West African country's civil war. UN Secretary General Kofi Annan has announced that the tribunal, which at this point remains extremely under-funded, will start its work with approximately 20 people accused of being ringleaders in the civil war. The tribunal should be ready to start hearing cases in about a year.