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Harvard International Law Journal Digest Harvard International Law Journal Digest

The ILJ Digest, updated periodically throughout the day, provides current information on legal topics from around the world.

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Last Entry: March 27, 2010 at 12:25:11

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Joseph Mpambara Convicted in the Hague

Posted on April 03, 2009
Last week, the Hague District Court ruled on the case of Joseph Mpambara, a  Rwandan Hutu allegedly associated with the 1994 Rwandan genocide. The court found Mpambara guilty for the deaths of two Tutsi mothers and their children as well as for the torture of a German doctor, his Tutsi wife and their 2 month-old [...


UN Rules Myanmar?s Continued Detention of Suu Kyi Illegal

Posted on April 01, 2009
A United Nations Human Rights Council working group on arbitrary detentions has issued a legal opinion criticizing Myanmar’s continued detention of local pro-democracy leader Aung San Suu Kyi.  The ruling military junta, which has been in power since 1962, has confined Suu Kyi to her compound in Yangon for 13 of the past 19 years [...


Brazilian Supreme Court Backs Amazonian Reservation

Posted on March 31, 2009
Brazil?s Supreme Court has found in favor of Amazonian Indians in a land dispute with farmers in the remote state of Roraima. The dispute concerned the 4.2 million acre Raposa Serra do Sol reservation and has been closely followed due to its potential importance to other cases involving Indian land rights and the future [...


Spanish Court Considers Torture Inquiry for Bush Officials

Posted on March 31, 2009
The National Court in Madrid took steps toward a criminal investigation of six high-level former Bush administration officials pursuant to a complaint filed by a Spanish human rights group. The 98-page complaint alleged that the officials–including the former Attorney General Alberto R...


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Scholar: Wartime Environmental Protection Must Go Beyond Law

Posted on March 30, 2009
Although it can play an important role, the vital task of protecting the environment during warfare cannot rely solely or primarily on international legal tools to succeed.  So argues Dan Bodansky, a leading international law scholar, who sees the problem of wartime environmental degradation as one solved not by more legal rules or stricter enforcement [...


African Ministers of Trade Seek Common Ground

Posted on March 30, 2009
On Friday, March 20, the African Ministers of Trade concluded a two-day meeting. The Ministers discussed Economic Partnership Agreement (EPA) negotiations, Aid for Trade, and other trade initiatives and issues at the headquarters of the African Union in Addis Ababa, Ethiopia...


UN Releases Piracy Report

Posted on March 25, 2009
The United Nations released a new report last week on pirate activity in Somalia. The report identifies two main groups of pirates, but is especially concerned that the piracy network based in the northern Puntland region of the country, known as the Eyle Group, is collaborating with regional government officials...


Improved International Tax Cooperation on the Horizon

Posted on March 23, 2009
As the current global financial crisis continues, the European financial hubs of Luxembourg, Switzerland, and Austria along with smaller European nations, and the Asian powerhouses of Hong Kong and Singapore have moved this month to improve international cooperation on tax matters by adopting the exchange of information standards developed by the Organization for Economic Cooperation [...


Sudanese President Defies ICC Arrest Order

Posted on March 21, 2009
Sudanese President Omar al-Bashir rallied Arab supporters in Darfur by stating no war crimes court or the U.N. Security Council can touch “even an eyelash” on him in response the the International Criminal Court’s (ICC) arrest order for him...


Naval Incident Between China and U.S.

Posted on March 18, 2009
The U.S. and China are currently engaged in a skirmish over a confrontation which occurred in the South China Sea and involved five small Chinese vessels and an unarmed American surveillance vessel, the USNS Impeccable.  The US claims that the Chinese vessels harassed its ship in violation of the law of the seas, while China [...


Pakistani Government Reinstates Chief Justice Chaudhry

Posted on March 17, 2009
The Pakistani government announced early Monday morning amidst protests that it will reinstate former chief justice of the Supreme Court Iftikhar Chaudhry and a group of other deposed judges.  The government also announced that it will lift an emergency ban on all public gatherings and release all political and legal activists arrested in the last week...


France to Rejoin NATO Command

Posted on March 16, 2009
President Nicolas Sarkozy has announced that France will rejoin the North Atlantic Treaty Organization (NATO) 43 years after then-President Charles de Gaulle withdrew from the 26-nation military alliance. Pledging to maintain the independence of France’s nuclear equipped military, Sarkozy believes that rejoining NATO will give France to have more influence in NATO’s decision-making...


LCIA Awards Remedies in SLA Dispute

Posted on March 15, 2009
On February 23, the London Court of International Arbitration (LCIA) issued an Award on Remedies in a dispute filed by the US against Canada under the 2006 Softwood Lumber Agreement (SLA). In this first dispute under the SLA, the US has argued that between January and July 2007 Canada did not apply the export restrictions [...


Somali Cabinet Votes to Implement Islamic Law

Posted on March 14, 2009
Last Tuesday, the Somali Cabinet voted to introduce a bill that would make Islamic law, also known as Shariah, the basis of Somalia?s legal system. The bill is pending approval by parliament, which is expected to hear it in a matter of days. In the past two years, fights between insurgents and pro-government forces have led [...


U.S. Sends Envoy for North Korea to East Asia

Posted on March 13, 2009
Steven Bosworth, recently named by Secretary of State Hillary Clinton as special envoy to North Korea, is traveling this week to east Asia. The ambassador will be making stops in Seoul, Tokyo, Beijing and Moscow. He will “consult on next steps to move the Six-Party process forward,? according to Clinton...


UN: Police Deployed in Eastern Congo

Posted on March 13, 2009
On Wednesday, the UN announced that 332 Congolese police officers are being sent to Eastern Congo in order to support Congolese military operations there. Sixty of these police officers will be deployed with the goal of ensuring the safety of approximately 1,200 people who have been constructing a road between the town of Sake and [...


WTO Director-General Warns Against Protectionism

Posted on March 12, 2009
In a speech given at the Lowy Institute in Sydney, WTO Director-General Pascal Lamy warned that protectionism is a recipe for a global economic slump.  Protectionist measures adopted by even one government, Lamy said, could lead to a domino effect of dire consequences...


Robotics Revolution Collides With Laws of War

Posted on March 12, 2009
Observers of the ongoing conflicts in Iraq and Afghanistan have hotly debated the wisdom of using unmanned drone aircraft to carry out military operations.  These debates have taken place within the traditional laws-of-war rubric for assessing tactics and strategy: did the attack accomplish a military objective and did it minimize the risk of civilian casualties?  However, [...


Russia and US Set to Cooperate on Arms Control

Posted on March 11, 2009
Landing in Europe after her recent tour of Asia, U.S. Secretary of State Hillary Clinton met with Russian foreign minister Sergey Lavrov last Friday in Geneva. Reflecting the Obama Administration’s new policy of cooperation in international relations, the pair discussed initiating a new nuclear arms control treaty...


Reunification Efforts Move Forward for Cyprus

Posted on March 10, 2009
Greek Cypriot and Turkish Cypriot leaders continued UN-led negotiations this week to reunify Cyprus. The small Mediterranean island gained its independence in 1960 from Great Britain, but its population is divided between ethnic Greeks and Turks.  Violence has plagued the nation since that time, and a UN peacekeeping force has been in place since 1964...


Rwandan Chaplain Found Guilty of Genocide by UN Court

Posted on March 09, 2009
Last Friday a United Nations tribunal found Emmanuel Rukundo, a former chaplain of the Rwandan Armed Forces, guilty of genocide, murder as a crime against humanity and extermination as a crime. The Tribunal, which was created to investigate the mass killings in Rwanda in 1994, sentenced Mr...


Former Bosnian Serb Leader Karadzic Refuses to Plead

Posted on March 06, 2009
The former Bosnian Serb leader Radovan Karadzic, who faces 11 charges of genocide, war crimes, and crimes against humanity, refused to enter a plea at the Hague. He said that the International Criminal Tribunal for the former Yugoslavia (ICTY) did not have the jurisdiction to try him, because he was offered immunity by US Diplomat [...


US May Boycott UN Racism Conference

Posted on March 02, 2009


Obama to Canada in First State Visit

Posted on February 26, 2009
President Obama traveled to Canada for his first international trip and met with Canadian Prime Minister Stephen Harper to discuss clean energy initiatives and the current economic crisis. In Ottawa, Mr. Obama reaffirmed his administration’s concern for global climate change and voiced support for an international system of carbon emission caps and carbon credits trading...


Expected Arrest Warrant for Sudan President Bashir

Posted on February 25, 2009
The International Criminal Court (ICC) is expected to issue an arrest warrant for President Omar Hassan al-Bashir of Sudan on March 4th, marking the first time the ICC has taken such action against a current state leader. While a panel of judges agreed to the issuance of an arrest warrant in January, the date was [...


Belgium Initiates ICJ Proceedings against Senegal

Posted on February 23, 2009
On Thursday, Belgium initiated proceedings at the International Court of Justice against Senegal over the state?s refusal to prosecute Hissène Habré, the former president of Chad. Habré was the leader of Chad from 1982-1990 and his government was notorious for massacring various ethnic groups and ordering the torture and murder of political opponents...


Russia-Georgia Negotiations Progress

Posted on February 23, 2009
Russia and Georgia agreed this past week to improve communications between the two nations, as well as with separatists and international monitors, in an effort to prevent future conflicts from escalating.  The United States hailed it as a success but nonetheless cited the need for continued progress in other areas of the negotiations, especially humanitarian [...


Clinton Warns North Korea to Continue Nuclear Talks

Posted on February 21, 2009
During her tour in Asia, U.S. Secretary of State Hillary Clinton spoke out about North Korea?s recent threats against South Korea. She urged North Korea to continue nuclear talks and to refrain ?from any and all provocative actions that could harm the six party talks and aggravate tensions in the region...


ICTY Amends Karadzic Indictment

Posted on February 21, 2009
The International Criminal Tribunal for the former Yugoslavia (ICTY) partially granted the prosecution’s motion to amend the indictment against Radovan Karad?ic on February 16. The amended indictment charges Karad?ic, former President of the self-proclaimed Republika Srpska, with two counts of genocide for atrocities committed in Bosnia and Herzegovina during the 1992-1995 war...


Second Circuit Rules on Customary International Law and ATS

Posted on February 19, 2009
In January 2009, the Second Circuit issued a landmark human rights decision, holding that customary international law (CIL) provides a cause of action under the Alien Tort Statute for a case alleging involuntary medical testing on humans. The court in Abdullahi v...


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