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REPORTS ARCHIVE FOR THE YEAR 2005
The following is a complete collection of InternationalLawHelp.com Reports for the year 2005.
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2005 Reports |
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Pinochet Ruled Fit for Trial By Chilean Supreme Court
The Chilean Supreme Court ruled that former dictator Augusto Pinochet was fit to stand trial rejecting an appeal from his lawyers based on his poor health. He is presently under house arrest, but was fingerprinted and photographed after the Court's ruling. His indictment stems from the disappearance of nine dissidents in 1975. The legal proceedings that resulted from Pinochet's arrest and extradition request from the UK to Spain in the late 1990s helped to define the concept of "former head of state immunity" in international law. He was ultimately returned to Chile from the UK because of poor health.
US Immigration Judge Rules Demjanjuk Can be Extradited to Ukraine
On December 21st a US Immigration Judge in Cleveland ruled that John Demjanjuk can be extradited to his native Ukraine to stand trial for war crimes he alleged committed as a Nazi concentration camp guard at Sobibor. This proceeding followed years of litigation in which Demjanjuk was stripped of his American citizenship and tried and convicted in Israel for being notorious concentration camp guard "Ivan the Terrible." The Israeli Supreme Court ultimately reversed that conviction when evidence newly declassified after the Cold War indicated that another individual was really Ivan the Terrible. He was repatriated to the US where his citizenship was restored, only to have it stripped again after the present proceedings.
ICJ Rules Against Uganda in Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda)
On December 19, the ICJ ruled that Uganda's activities in the Congo in 1998 and 1999 during the Congolese civil war violated principles of non-use of force and non-intervention. Furthermore, it violated its obligations under human rights and humanitarian law and under the Vienna Convention on Diplomatic Relations. Specifically, the ICJ found that the Ugandan military engaged in acts of torture, killing and other inhumane treatment to constitute violations of the UN Charter's principles of non-use of force as well as obligations in human rights and humanitarian law. Click here for a press release on the ICJ's decision on the ICJ website.
US Supreme Court Denies Certiorari in Ungar v. Palestine Liberation Organization (PLO)
On November 28th, the US Supreme Court denied certiorari in the case of Ungar v. PLO which upholds a judgment against the PLO for complicity in terrorist acts. The denial of certiorari upholds the judgment of First Circuit Court of Appeals. Click here for a link to the First Circuit's opinion in Ungar v. PLO (via link to FindLaw.com).
Costa Rica Initiates Case Against Nicaragua in ICJ over use of the San Juan River
Costa Rica has filed a case against Nicaragua in the ICJ alleging that Nicaragua is impeding its right to use the river. An 1858 treaty between Nicaragua and Costa Rica established Nicaragua as the sovereign over the river but "recognizing at the same time important rights to Costa Rica." This matter was addressed in an arbitration conducted by the two parties in 1888 in which US President Grover Cleveland served as arbitrator. Click here for a press release on the filing of the case on the ICJ website.
Kinshasa Declaration Aims to Save Great Apes and their Habitat
A high level intergovernmental meeting held in Kinshasa, Congo from September 5-9 concluded with a declaration on the protection of the great apes in Africa and their habitats. The meeting was under the auspices of UNEP's GRASP (Great Apes Survival Project). Click here for a link to reports on the GRASP meeting on the UNEP website.
Fourth Circuit Court of Appeals Upholds Enemy Combatant Status in Padilla Case
On September 9th, the Fourth Circuit Court of Appeals ruled in Padilla v. Hanft that the Bush administration had the authority to indefinitely detain U.S. citizen Jose Padilla after he was designated an "enemy combatant." The court ruled this action was legitimate pursuant to the authority Congress conveyed upon the president in the wake of the September 11th terrorist attacks. Click here for a link to the full opinion in Padilla v. Hanft on FindLaw.com.
Federal Court Allows Climate Lawsuit Against US Government Agencies
On August 24, a district court in California denied a motion for summary judgment and allowed a lawsuit alleging injury due to climate change against several instrumentalities of the US government to go forward. The court noted the applicable standard of causation was a lower threshold than in most tort suits because the alleged wrongdoing arose from a "procedural" matter (i.e., failure to conduct an environmental impact assessment). Click here for information on the suit and its parties on ClimateLawsuit.org.
States with Security Council Aspirations Agree to Delay Plan Pending Further Negotiations
Japan, Germany, India and Brazil, all states with aspirations to permanent seats on the UN Security Council, have agreed to delay their plan pending further negotiations with the African Union. African states have their own plan for Security Council expansion. The issue of expanding the Security Council has been discussed for years. The idea is generally popular because most agree the Security Council as presently constituted reflects the power structure of the world immediately following World War II. The five permanent states are presently the only ones to hold a veto. Should expansion occur it must be approved not only by a two-thirds vote of the General Assembly but also by a resolution of the Security Council. In this forum any of the five permanent members could block the plan.
Chilean Appeals Court Strips Pinochet of Immunity on Cover-Up Charges
The Chilean Court of Appeals removed the immunity of former dictator Augusto Pinochet for a cover-up on the killing of political opponents in 1975. The matter will be appealed to the Chilean Supreme Court. The court recently lifted his immunity on tax evasion charges.
IWC Meeting Held in Korea Without Significant Development
From June 20th to June 24th the International Whaling Commission (IWC) held its 57th annual meeting in Ulsan, Korea. The meeting concluded without any significant developments although the number of IWC members has now increased to 66. As usual, the IWC asked Japan to reconsider its scientific whaling program. A number of aboriginal whale quotas were approved and work continued on the Revised Management Scheme. Click here for a press release on the 57th meeting on the IWC website.
US House Votes to Withhold UN Dues Unless Reforms Take Place
On June 17, the US House of Representatives voted 221 to 184 to withhold UN dues commencing in 2007 unless 46 specific conditions concerning the reform of the UN take place. These conditions are in the area of transparency and accountability. There is no question that this vote arises from recent UN scandals such as the oil-for-food scandal. This vote is reminiscent of the late 1990s when the US withheld a substantial portion of its UN dues to protest certain UN policies and its bloated bureaucracy. That matter was largely resolved when the US decided to pay its back dues after 9/11. This also signifies partisan rancor over the upcoming vote to confirm John Bolton as US Ambassador to the UN. Significantly, the House vote is unlikely to be confirmed in the Senate and the Bush Administration publicly opposes the withholding of dues although the measure was voted for overwhelmingly by House Republicans.
US State Dept. Issues Human Trafficking Report, Points Finger at Arab Allies
On June 3rd the US State Department released the fifth annual Trafficking in Persons Report mandated by Congress. The Report estimated there is an annual international trade of 800,000 people every year with millions more trafficked internally. Among the worst offenders are US Arab allies Saudi Arabia, Kuwait and United Arab Emirates (UAE). Click here for a link to the full report (in html) on the State Dept. website.
US Supreme Court Dismisses Medellin Case Finding Cert Was Improvidently Granted
On May 23 in a per curiam opinion the US Supreme Court dismissed Medellin v. Dretke finding the writ of certiorari on Medellin's habeas corpus was improvidently granted in the case. The principal reason for the dismissal was President Bush's memorandum of Feb. 28, 2005 asking the state courts to give effect to the ICJ's decision in Avena. Since the Bush memo changed the legal landscape in the case it is possible that additional state court proceedings should properly precede the habeas. It is highly likely the US Supreme Court will again take the matter on appear following the resolution of any additional state court proceedings. Justice Ginsburg and Justice Scalia filed a joint dissenting opinion while Justices O'Connor, Stevens, Souter and Breyer filed a dissenting opinion. Click here for a link to all opinions in Medellin on the FindLaw.com website.
UN Holds Review Conference of the Parties of the Nuclear Non-Proliferation Treaty
From May 2-27 the UN will host the 2005 Review Conference of the Parties of the Nuclear Non-Proliferation Treaty (NPT). The NPT entered into force in 1970 with the objective of limiting the spread of nuclear weapons and promoting cooperation in the peaceful use of nuclear power. The treaty calls for a review of its operations by the parties every five years. Click here for a link to information at the NPT conference on the UN website.
ICJ Holds Public Hearings in Congo Case (Congo v. Uganda)
From April 11 through April 29 the ICJ held public hearing in the Armed Activities in the Territory of the Congo Case (Congo v. Uganda). It is now ready to begin its deliberations on the case involving Uganda's military action in Congo's territory. Click here for a press release on the ICJ website.
Security Council Sends Darfur Matter to ICC
On March 31, the UN Security Council voted 11-0 with 4 abstentions to send the matter of "serious violations of international human rights law" to the International Criminal Court (ICC) for investigation and possible prosecution. This resolution (1593) follows a UN report in February that found serious human rights violations but failed to label the situation in Darfur as genocide. The 4 abstaining members of the Security Council were Algeria, Brazil China and the US. Click here for a press release on the UN Security Council resolution.
President Bush Requests "Review and Reconsider" in Avena Cases and Then Withdraws US from Optional Protocol of VCCR
On March 8th the Bush administration stunned observers of the ongoing issue of US compliance with the Vienna Convention on Consular Relations (VCCR) when it requested "review and reconsideration" of the convictions and sentences of the 51 death row prisoners whose cases comprised the proceedings in the Avena cases (Mexico v. US). The request for review and reconsideration tracks the order of the ICJ in Avena. Following the executive memo requesting review and reconsideration, the Administration announced on March 10 it was withdrawing from the Optional Protocol of the VCCR. The Optional Protocol allows members of the treaty to take other members, who have also signed the protocol, to the ICJ, if they allege that the other member did not afford its nationals consular notification and access as provided for under the treaty. Thusfar, the US has been sued three times under this treaty. Withdrawal from the protocol effectively closes the door on any future cases against the US alleging a violation of the VCCR. The decision to withdraw from the Optional Protocol must be seen in the context of the upcoming oral argument in the US Supreme Court in Medellin v. Dredke scheduled for March 28.
US Supreme Court Strikes Down Juvenile Death Penalty; Acknowledges International Opinion
On March 1 the US Supreme Court ruled in Roper v. Simmons that the practice of executing juvenile offenders is a violation of the 8th Amendment. Both the Court's opinion, authored by Justice Anthony Kennedy, and a dissenting opinion by Justice Sandra Day O'Connor, referred to the value of international practice and opinion in deciding 8th Amendment claims. The dissenting opinion by Justice Antonin Scalia stated the beliefs and practices of other countries should not be considered in deciding American Constitutional questions. Click here for a link to Roper v. Simmons (pdf file) on the US Supreme Court's website.
Kyoto Protocol Enters Into Force
On February 16, the Kyoto Protocol to the UN Framework Convention on Climate Change entered into force. This was 90 days after Russia deposited its instrument of ratification. Kyoto established specific targets for the reduction of greenhouse gases. Specifically, it calls for reduction to below 1990 levels by the year 2012. To achieve this it places different obligations on developed states and those with economies in transition. The US and Australia have indicated their intentions not to ratify Kyoto because of potential economic impact. Click here for a link to the website of the UN Framework Convention on Climate Change.
General Assembly Holds Special Session Commemorating Liberation of Nazi Death Camps
On Monday, January 24, the UN General Assembly held a Special Session commemorating the liberation of the Nazi death camps 60 years ago. The Special Session was organized at the request of the United States and speakers included Nobel Laureate Elie Weisel and US Deputy Defense Secretary Paul Wolfowitz. Of the UN's 191 members, 150 supported the Special Session dedicated to the end of the Holocaust and WWII. The actual list of States that supported it is being kept confidential. The significant minority of states that did not support it likely demonstrates the influence of Arab and Muslim states in the General Assembly. This is reflected in the very small number of speakers from Muslim states. This short list included Afghanistan, Jordan and Turkey. Click here for a link to the Special Session on the UN webpage.
Five (5) New States Take Rotating Seats in UN Security Council for 2005/2006
On January 1, five (5) states took their rotating seats on the UN Security Council. The states are: Argentina, Denmark, Greece, Japan and the United Republic of Tanzania. Click here for a complete list of the present members of the US Security Council.