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REPORTS ARCHIVE FOR THE YEAR 2004
The following is a complete collection of InternationalLawHelp.com Reports for the year 2004.
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2004 Reports |
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ICJ Dismisses Kosovo "Use of Force" Cases for Lack of Jurisdiction
On December 15, the ICJ determined it did not have jurisdiction against any of the remaining eight respondents (UK, Belgium, Netherlands, Canada, France, Germany, Italy and Portugal) in the Use of Force cases. These cases were filed by Serbia and Montenegro against the NATO countries that conducted an air campaign against Serbian forces in the Kosovo War of 1999. The ICJ concluded that Serbia and Montenegro was not a party to the ICJ Statute when it filed the case in 1999. Furthermore, it did not meet the conditions necessary for access to the Court by non-party states set forth in Art. 35(2) of the ICJ Statute. Click here for a press release on the ICJ's finding of lack of jurisdiction over the UK (representative of all cases) in the Use of Forces cases on the ICJ website.
Supreme Court to Hear Medellin v. Dretke: A Vienna Convention on Consular Relations Case
On December 10, the US Supreme Court agreed to hear Medellin v. Dretke a case flowing from the ICJ's ruling in Avena (See March 2004 Reports). The Medellin case examines the extent of US obligations under the Avena ruling to provide "review and reconsideration" of convictions and sentences of foreign nationals who were not advised of their right to contact the Mexican consulate following their arrest. This right is provided for in Article 36 of the Vienna Convention on Consular. Relations (VCCR). Ernesto Medellin was convicted and sentenced to death in Texas for the rape and murder of two teenage girls. The Medellin case is the first time the US Supreme Court is seriously examining the impact of the ICJ's judgments in LaGrand (See June 2001 Reports) and Avena. The Supreme Court's 1998 ruling in Breard v. Greene was considered by many to show less than respectful treatment of the VCCR and the ICJ's order of provisional measures not to execute Breard pending the ICJ's judgment on the merits of a case brought by Paraguay against the US. Similar to LaGrand and Avena the Breard case alleging a US violation of the VCCR with respect to Mr. Breard.
Pinochet Cleared for Trial in Chile
Chilean Judge Juan Guzman Tapia rules on Monday, December 13 that Gen. Augusto Pinochet, the former Chilean dictator, is competent to stand trial for human rights abuses that occurred during his time in power. Pinochet is presently 89 and in poor health and it is doubtful whether he will live to the conclusion of the criminal proceeding. The question of the extent to which he enjoys head-of-state immunity for crimes allegedly committed during his time in office has occupied courts in Spain and the UK as well as Chile. In 2000 he was repatriated to Chile after the British courts ruled he was unfit to stand trial because of his ailing health. This followed a ruling that his head-of-state immunity did not extend to acts of torture committed after Chile became a party to the torture convention.
US District Court Rules Guantanamo Military Tribunals Violates Geneva Conventions
In Hamdan v. Rumsfeld, District (DC) Judge James Robertson ruled in a Memorandum Opinion and Order that Salim Ahmed Hamdan, a Guantanamo detainee, could not be tried by a military tribunal as presently constituted because the conditions for military tribunals set forth in the Geneva Conventions governing prisoners of war had not been met. Specifically, the US had not demonstrated that such tribunals were necessary as opposed to military court marshals provided for by the Uniform Code of Military Justice. Click here for a pdf of Judge Robertson's Memorandum and Order on the DC District Court's website.
White Shark and Other Species Receive Protection at CITES COP 13
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) completed its 13th Conference of Parties (COP) on October 13. Among the species to receive protection by being added to CITES appendices (or "uplisted" to a higher conservation status) are the great white shark, the great humphead wrasse (a commercial fish species) and the Irrawadday dolphin. Stricter limited were also placed on Caspian Sea caviar. Click here for a Press Release on CITES COP 13 on the CITES website.
Russia Says it will Join Kyoto Protocol
President Vladimir Putin has announced that Russia will join the Kyoto Protocol (available on our Documents Page). Russia's adherence to the treaty is practically necessary if Kyoto will ever come into force because Russia was responsible for 17% of the world's carbon admissions in 1990. Kyoto can only come into force when it is ratified by enough countries cumulatively responsible for 55% of the world's carbon emissions in 1990. Present membership accounts for 44.2% of 1990 emissions and Russia's participation guarantees sufficient membership. Russia's announcement follows a statement earlier this year that it would not ratify Kyoto because of concerns about economic impact. The Kyoto Protocol arises which was produced at the Rio Earth Summit in 1992. The two main holdouts to Kyoto are the US and Australia. Click here for an article about Russia's intended participation in Kyoto on Nature.com.
9/11 Victim Sues Saudi Arabia
In a development in the law applicable to terrorism and terrorist financing, Cantor Fitzgerald, the New York brokerage house which lost 658 employees in the World Trade Center attack, is suing the government of Saudi Arabia and certain named Saudi officials, all Princes in the royal family, for $7 billion for complicity in the terrorist attacks. The suit was filed in federal district court in Manhattan under US racketeering laws. Also named as defendants are some Saudi banks, Al Qaeda and several Muslim charities.
Chilean Supreme Court Strips Pinochet's Immunity; Clears Way for Prosecution for Human Rights Abuses
On Thursday, August 26 Chile's Supreme Court stripped former dictator Augusto Pinochet of immunity and cleared the way for the 88 year old Pinochet to stand trial in Chile for the human rights abuses he is accused of from his 17 year rule in Chile. A trial may not be possible because of Pinochet's declining health and mild dementia. Pinochet's legal odyssey began in 1998 when he was arrested in Britain pursuant to an indictment issued by a Spanish judge. After years of legal process Pinochet was returned to Chile because of his ill health but not before the British House of Lords ruled that even heads of state can be held accountable for crimes against humanity. His fate is now in the hands of Chile's courts. Click here for information about the Pinochet case on the Amnesty International website.
International Whaling Commission (IWC) Holds 56th Annual Meeting in Sorrento, Italy
From July 19-July 22 the IWC held its 56th annual meeting in Sorrento, Italy. As in past years it featured tension between pro-whaling and anti-whaling interests. Proposals for additional ocean sanctuaries did not pass by narrow margins but proposals to repeal the existing Southern Ocean Sanctuary likewise did not garner enough votes. Japan was unsuccessful in extracting special quotas for community-based whalers. Click here for a press release on the meeting from the IWC website.
US Supreme Court Rules Alien Tort Statute Does Npt Apply to Torts Committed Abroad That Do Not Rise to the Level of Offenses Against the Law of Nations
On June 28, the US Supreme Court ruled in Sosa v. Alvarez-Machain that a false arrest and detention committed in Mexico was not actionable in US Courts under the Alien Tort Statute because the petitioner could not demonstrate that the torts of false arrest and detention were prohibited by customary international law to satisfy the "law of nations" threshold required by the Alien Tort Law. Click here for the full opinion in Sosa v. Alvarez-Machain in pdf on the US Supreme Court website.
US Supreme Court Rules Guantanamo Detainees May Challenge Detentions and US Citizens Seized in Anti-Terror Operations Overseas May Not Be Denied Access to US Courts
On June 28, the US Supreme Court issued long-awaited decisions in key cases that will affect how the US conducts the war on terrorism. In Rasul v. Bush and Hamdi v. Rumsfeld, the Court held that foreign detainees held in Guantanamo Bay, Cuba as part of the war on terrorism could challenge their detentions in US courts (Rasul) and that American citizens seized overseas could not be denied due process based on the executive's designation of them as "enemy combatants" (Hamdi). With regard to the case of the US citizen, Rumsfeld v. Jose Padilla, arrested on US soil and held and an enemy combatant the Court was unable to reach a decision because it had been filed in the wrong jurisdiction. For the full opinions in each of these cases in pdf on the Supreme Court website, click on the case names above.
US Gives Up Efforts in UN to Gain Immunity for its Soldiers Before the ICC
On June 23, in what is clearly a major diplomatic setback for the Bush administration, it gave up its efforts in the UN Security Council to secure immunity for US troops serving in UN peacekeeping missions from possible prosecution in the International Criminal Court (ICC). In the past two years the US was able to obtain one-year exemptions for its soldiers, via Security Council resolutions. The US abandoned the efforts after it became clear it would not be successful. The Iraqi prison scandal at Abu Greib seemed to have a major effect on the willingness of Security Council members to go along with another one year extension of immunity. In addition, UN Secretary General Kofi Annan interceded to indicate his strong opposition to continued US immunity citing its threat to recent Security Council unity.
UN Releases Report Highlighting Problems Within UN Organization
On June 4, UN Secretary General Kofi Annan sent a letter to UN staff expressing concern over the results of an internal perception survey about the organization. The survey indicated that many UN workers believe instances of unethical behavior are not investigated properly as well as other problems. This compounds concerns that the UN may have acted improperly in administering the oil for food program in Iraq. Click here for the letter in pdf format.
Chilean Court Strips Pinochet of Immunity
On May 28, a Chilean court ruled that former Chilean dictator Augusto Pinochet no longer enjoys immunity from prosecution against allegations that he conducted a campaign of torture and human rights abuses during his 17 year rule in Chile. The decision is perhaps not more than symbolic in that the Chilean Supreme Court has ruled a number of times that Pinochet's physical and mental condition has rendered him unfit to stand trial.
Amnesty International Releases its 2004 Human Rights Report
Human rights NGO Amnesty International released its 2004 Human Rights reports detailing its concerns about human rights in more than 155 countries and territories. Click here for information about the Report on the Amnesty International website.
Oklahoma Commutes Sentence of Mexican Osbaldo Torres; VCCR Violation a Factor
On May 13, Oklahoma Gov. Brad Henry commuted the death sentence of Osbaldo Torres after the Oklahoma Court of Criminal Appeals halted his execution and ordered that he be given a new sentencing hearing to determine the effect, if any, that the Vienna Convention on Consular Relations (VCCR) violation had on his case. Torres was one of several Mexican nationals on whose behalf Mexico brought the Avena case against the US in the ICJ (see March 2004 Reports). In that case the ICJ ruled for Mexico citing the long record of the US non-compliance with VCCR which requires that foreign nationals be notified of their right to contact their consulates upon their detention. Torres had not been advised of his VCCR rights.
US Imposed Sanctions on Syria for its Support of Terror
On May 11, President Bush formally imposed sanctions on Syria by issuing an Executive Order pursuant to the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003. The Executive Order prevents the export of numerous items from the US to Syria (weapons, in particular), the takeoff and landing of Syrian aircraft in US territory and the severing of financial relationships between the US and Syria. The action punishes Syria for its support of terrorists, undermining US efforts in the rebuilding of Iraq and its continued presence in Lebanon. Click here for a link to a fact sheet about the Syrian Accountability Act Executive Order on the White House web site.
WTO Rules for Brazil, Against US in Cotton Farm Subsidies
On April 26, a WTO dispute settlement panel ruled against the US and for Brazil in a case brought by Brazil protesting US cotton farm subsidies. The panel report will be reviewed by the WTO Appellate Body in June. The details of the panel report will not be disclosed until it is reviewed in June. Depending on the outcome of the appellate process, this case could signal future difficulties for developed states which subsidize their agricultural sectors to the detriment of developing states.
US Supreme Court Hears Arguments Challenging Constitutionality of Guantanamo Bay Detentions
In what will surely be a landmark decision considering a key constitutional issue raised by the war on terrorism, on April 20th the US Supreme Court heard oral arguments on the constitutional soundness of denying foreign "enemy combatants" detained in Guantanamo Bay access to the US courts via federal habeas corpus. In the cases of Rasul v. Bush and Al Odah v. United States which were consolidated for oral argument, the lawyers for the detainees argued the denial of access to judicial review on behalf of the detainees was an unconstitutional exercise of executive authority. The government, represented by Solicitor General Theodore Olson (whose wife Barbara Olson died in the Sept. 11 attacks), argued the government's actions were necessary to respond to the ongoing terrorist threats facing the US. *Update -- On April 28th, the Supreme Court heard arguments in U.S. v. Jose Padilla and U.S. v. Yaser Hamdi. These related cases challenge the constitutionality of similar denials of access to federal courts of US citizens detained in the war on terrorism.
ICJ Rules Against US in Avena Case
On March 31 the International Court of Justice (ICJ) ruled in favor of Mexico and against the US in the case: Avena and other Mexican Nationals. The case was brought by Mexico in response to repeated US violations of the Vienna Convention on Consular Relations (VCCR). The VCCR requires notification and access of consular personnel whenever a foreign national is detained in a member country. Mexico specifically brought the case on behalf of over 50 Mexican nationals who had not been advised of their rights in the US criminal justice system. The ICJ ruled the US breached its obligations to those nationals and required that the US provide, "by means of its own choosing, 'review and reconsideration' of the convictions and sentences" of those Mexican nationals. This judgment comes less than three years after the ICJ's ruling in the LaGrand case where it similarly found the US had violated its obligations to two German nationals. Click here for the ICJ's Judgment and other documents in the Avena case on the ICJ website.
UNEP Releases 2003 Global Environmental Report
On March 29, the United Nations Environment Program (UNEP) released the 2003 Global Environment Outlook report. Among the issues of concern highlighted by the report are "dead zones" in the ocean where marine life has been wiped out primarily by nitrogen and other agricultural runoffs. Global warming and overfishing were also discussed. Click here for a link to the Global Environment Outlook report on the UNEP website.
US Senate Environment and Public Works Committee Holds Hearings on UNCLOS
On March 23, the US Senate's Environment and Public Works Committee commenced hearings on US membership in the 1982 United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS had already cleared the Senate Foreign Relations Committee in February with a recommendation that it be sent to the full senate for a vote on advice and consent. The Environment and Public Works Chair, Senator James Inhofe (R-OK) objected to the fact that the only voices heard in the Foreign Relations' Committee hearing advocated for US membership in UNCLOS. He therefore wanted hearings with a more balanced approach. Although certain elements of US business remain opposed to UNCLOS for some of its collective approaches to ocean management, in particular the deep seabed, it is widely supported. Support for UNCLOS includes the US Navy and many environmental groups. Click here for a link to information about the UNCLOS hearings in Environment and Public Works on the US Senate website.
Sierra Leone War Crimes Tribunal Up and Running; Charles Taylor Likely First Defendant
On March 10, the UN-backed war crimes tribunal for Sierra Leone formally opened. The likely first defendant of the new tribunal will be former Liberian Present Charles Taylor. Taylor is already under indictment with 17 counts of supporting and directing the Revolutionary United Front (RUF) rebels. Taylor is one of eleven individuals already under indictment in the tribunal. In related news, Taylor is suing the new Sierra Leone tribunal for what he claims was an illegal search of his former home. He brought his action in a Liberian criminal court. Taylor is presently in exile in Nigeria. The official name of the new tribunal is "The Special Court for Sierra Leone" and was set up jointly by the United Nations and the government of Sierra Leone. Click here for a link to the website of the Special Court for Sierra Leone.
US State Dept. Releases 2003 Human Rights Report
On February 25, the US State Dept. released its annual report entitled, "Country Reports on Human Rights Practices." The report is mandated by federal law and details the human rights practices by all the countries of the world and tracks whether or not progress has been made from previous years. At the special briefing used to announce the release of the report Secretary Colin Powell commented that the liberation of Iraq and efforts to democratize that country are important steps in the furtherance of human rights in the Middle East. US Middle Eastern allies such as Egypt and Saudi Arabia were faulted for poor human rights records as they have been in the past. Click here for a link to the 2003 Country Reports on Human Rights Practices on the US State Dept. website.
US Supreme Court to Hear Jose Padilla "Enemy Combatant" Case
On February 20, the US Supreme Court reported that it would hear the case, from the Second Circuit Court of Appeals, of Jose Padilla, an American citizen arrested on US soil on suspicion of terrorist activities. Specifically, Padilla is implicated in the preparation of a "dirty-bomb" for Al Qaeda. Although a US citizen, Padilla has been branded as an "enemy combatant" by the Defense Department thereby invoking the broad powers of investigation, arrest and detention as part of its response to terrorism. The case before the Supreme Court will test the scope and applicability of the governments anti-terrorism powers to US citizens detained on US soil. Click here for information on the Padilla case from the US Supreme Court docket.
Louise Arbour Named New High Commissioner for Human Rights
On February 20, the UN named Canadian Supreme Court Justice Louise Arbour as the new High Commissioner for Human Rights. She previously served as a prosecutor in the International Criminal Tribunal for the Former Yugoslavia (ICTY), the tribunal that is presently trying Slobodan Milosevic. She is expected to take up her new post in summer 2004. She replaces Sergio Vieira de Mello who was killed in a suicide bombing in Iraq in August, 2003. Human rights organizations immediately signaled their approval of the appointment. Click here to for a link to the UNHCHR website.
First ICC Case May Involve Congo War Crimes
According to a June 27, Reuters report the first case the International Criminal Court (ICC) may begin investigating concerns alleged war crimes in the Congo. The ICC was established by the Rome Statute in 1998 and came into existence in July, 2002. The Congo has been involved in a civil war since 1998 that has been characterized by GlobalSecurity.org as the widest interstate war in modern African history with numerous combatant groups and wide reports of atrocities. Click here for a link the ICC website. Click here for a link to information about the Congo conflict on the GlobalSecurity.org website.
US Federal Court Grants Judgment Against Palestinian Terrorist Group Hamas
The United States District Court for the District of Rhode Island (Judge Lagueux) granted a default judgment against the Palestinian terrorist group Hamas and awarded damages greater than $116 million to the estate of an American man named Yaron Ungar. Ungar was killed along with his wife by a Hamas terrorist act in Israel in 1996. The suit was brought under the Anti-Terrorism Act of 1991. Despite being served with papers, Hamas never appeared to defend the suit and thereby defaulted. The suit is continuing against the Palestinian Authority and the PLO. In an earlier phase of the case the court ruled the Palestinian Authority cannot claim sovereign immunity in the litigation. Click here for a link to Judge Lagueux's decision on the District of Rhode Island website.
UN Security Council Seats New Non-Permanent Members
On January 1, 2004 five new non-permanent members took their seat on the UN Security Council. The new members are Algeria, Benin, Brazil, Philippines and Romania. Their two-year terms will expire on December 31, 2005. Of the five non-permanent members whose terms just expired on December 31, 2003, Syria was the most controversial. Syria remains on the US list of countries sponsoring terrorism and its presence on the UN Security Council was seen by many observers as undermining the global war on terrorism.