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2008 Reports |
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Germany Institutes ICJ Case Against Italy Over Jurisdictional Immunity
Germany has instituted a case in the ICJ against Italy alleging that Italian courts routinely disregard Germany's jurisdictional immunity as a sovereign. Germany is claiming the ICJ has jurisdiction under Article 1 of the European Convention for Peaceful Settlement of Disputes of 1957. Click here for a press release about the case on the ICJ website.
ICJ Rules it has Jurisdiction in Croatia v. Serbia Genocide Case
On November 18 the ICJ ruled in the preliminary objections phase that it has jurisdiction in the case of Croatia v. Serbia which alleges a violation of the Genocide Convention in the modern Balkan Wars. The Court found jurisdiction was proper under the compromissory clause of Genocide Convention (Article IX). Click here for a press release on the ICJ website about the ICJ's ruling on preliminary objections.
UN General Assembly Requests ICJ Advisory Opinion on Status of Kosovo Independence
By a vote of 77 for, 6 against and 76 abstentions, the UN General Assembly at the behest of Serbia requested that the ICJ give an advisory opinion on the status of Kosovo's claim of independence. Serbia clearly opposes an independent Kosovo but many European nations have already recognized its independence. Other states have not. Regardless, it is highly unusual for the ICJ to be involved with questions of statehood.
US Supreme Court Hears Argument in Navy Sonar/Whales Case
On October 8 the US Supreme Court heard oral argument in Winter v. NRDC, an appeal from a district court issuance of an injunction against the Navy using certain sonar in military exercises because of its impact on marine mammals. The case highlights the potential conflict between national security and environmental protection.
US District Judge Orders 17 Guantanamo Detainees Freed
On October 7, Federal Judge Ricardo M. Urbina (DC District) ordered the release of 17 Uighur Muslim men from China who had been detained at Guantanamo Bay since 2002. Judge Urbina noted in the case Ghaffar v. Bush that the failure to prosecute the men or formally charge them and ruled that Constitutional considerations in the case outweighed deference to the Executive on national security matters. The judge relied in part of the US Supreme Court's recent ruling the Boumediene v. Bush. The Court of Appeals stayed the release of the men until an appeal by the government could be filed.
Georgia Petitions ICJ for Provisional Measures Against Russia
From September 8-10 the ICJ held public hearings on Georgia's application for provisional measures against Russia to address the situation between the two states and Russia's actions toward Georgian nationals in the course of the conflict. Georgia brought the case in August alleging Russia's violation of the Convention on the Elimination of All Forms of Racial Discrimination (CERD).
Judge Pillay Resigns from ICC
Effective August 31 Judge Navanethem Pillay of the ICC will resign her judgeship to take the position of UN High Commissioner for Human Rights.
Indicted Serb Leader Radovan Kradzik Sent to ICTY
On July 21 Serb authorities arrested former Serb leader Radovan Kradzic who had been living under a false identity. He was then flown to the ICTY in the Hague where has been under indictment for war crimes for many years. The new Serb government is more pro-western and therefore was more willing to take Kradzik into custody and extradict him for trial at the ICTY.
ICJ Issues Provisional Measures Against US in Further Litigation on Avena Mexican Nations Case
On July 16 the ICJ issued provisional measures against the US ordering it to take all measures necessary to halt the death penalty from being carried out against five (5) Mexican nationals that are on death row. This order is a continuation of the Avena Case which was decided in March 2004. Click here for a link to a press release on the Avena Case on the ICJ website.
ICC Prosecutor Seeks Arrest Warrant Against Sudan President
On July 14 ICC prosecutor Luis Moreno-Ocampo presented evidence seeking a arrest warrant against Sudan's President Omar Hassan Ahmad Al Bashir. The evidence presented alleges Bashir's participation in genocide, crimes against humanity and war crimes. This is the first time the ICC has investigated a head of state for these crimes. Click here for a link to a press release on the ICC website.
US Supreme Court Decides Guantanamo Inmates Entitled to Habeas Corpus
On June 12, the US Supreme Court issued its long-awaited decision in Boumediene v. Bush determining that suspected terrorists, labeled enemy combatants, held on Guantanamo Bay were entitled to habeas corpus protections to challenge their detentions. The Boumediene case is an important follow up to the Supreme Court's earlier decision in Rasul v. Bush. In Rasul the Supreme Court held the President's powers did not extend so far as to allow him to establish military tribunals that would deprive suspected terrorists of habeas corpus. Following Rasul, Congress passed the Detainee Treatment Act (DTA) of 2005 and the Military Commissions Act of 2006 which recognized the executive branch's power to establish special military tribunals without the potential for habeas corpus and only limited review in the District of Columbia Court of Appeals. In Boumediene the Supreme Court held that the portion of the MCA that deprived detainees of habeas protection was unconstitutional. The court recognized the writ of habeas corpus as an important element of separation of powers. In addition, the Court held that the "Suspension Clause" of the Constitution which allows for the suspension of habeas corpus in times of rebellion and invasion extends to territory under US control such as Guanatanamo Bay. Click here for a link to the full opinion of Boumediene v. Bush in pdf on the US Supreme Court website.
ICJ Issues Judgment in Malaysia/Singapore Island Dispute
On May 23 the ICJ issued its decision in the dispute between Malaysia and Singapore over sovereignty of several maritime features. A press release on the ICJ website describing the decision can be accessed by clicking here.
Ivan Demjanjuk Exhausts All Appeals to Remain in US; Supreme Court Refuses to Hear His Case
Ivan Demjanjuk, who once was suspected of being the notorious concentration camp guard Ivan the Terrible, has exhausted all legal avenues to fight his deportation from the US. Demjanjuk's long and unusual legal odyssey began in the 1980s when he was extradited in Israel in 1986 on suspicion of being Ivan the Terrible. Although he was tried and convicted for those crimes his conviction was overturned when previously classified documents of the former Soviet Union indicated he was not Ivan the Terrible but rather a guard at another camp. Demjanjuk was eventually repatriated to the US. Almost since the moment of his return to the US, officials have sought to deport Demjanjuk based on his Nazi ties.
ICTY Holds Two Individuals in Contempt of Court for Witness Tampering
On April 25, the Trial Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) indicted two individuals Astrit Haraqija and Bajrush Morina for contempt of the tribunal for attempting to prevent the testimony of a witness in a case before the Court. Haraqija was the former Kosovo Minister for Culture, Youth and Sport and was his employee. The indictment alleges that when Haraqija learned of the identity of a witness he sent Morina to dissuade him from testifying. Even so, the witness testified anyway. Click here for a press release on the ICTY website.
Ecuador Files Case Against Colombia in ICJ Over Aerial Pesticides
On April 1 Ecuador filed a case in the ICJ against Colombia alleging that Colombia's continued aerial spraying of pesticides was detrimentally affecting Ecuador. Previous rounds of negotiation failed to resolve the issue. This is one of very few contentious cases the ICJ has been asked to decide where environmental aspects were central to the subject matter of the litigation. Click here for a link to a press release about the filing of the case on the ICJ website.
ICTR Appeals Chamber Substitutes Conviction of Athanase Seromba
The Appeals International Criminal Tribunal for Rwanda overturned the conviction of Athanase Seromba for aiding and abetting genocide and crimes against humanity and substituted convictions for genocide and extermination as a crime against humanity for his role in the destruction of the church in Nyange parish. The destruction caused the death of 1500 Tutsi refugees which were seeking shelter there. As an alternative penalty, the tribunal increased his sentence from 15 years to life in prison. Click here for a Press release on the ICTR website.
ICJ Issues Order Fixing Time Limits for the Counter-Memorial in Territorial Delimitation Dispute (Nicaragua v. Colombia)
On February 11 the ICJ issued an order fixing time limits for the filing of the counter-memorial in the maritime delimitation dispute between Nicaragua and Colombia. The case has been on its docket since 2001. A press release describing the order can be accessed on the ICJ website by clicking here.
Five New Non-Permanent Members of UN Security Council Take Their Seats in 2008
As of the first day of January 2008 the five new non-permanent members of the Security Council which took their seats are are Burkina Faso, Costa Rica, Croatia, Libya and Vietnam. Their two year terms will run until the end of 2009.