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Vol. 30, No. 3: Full Issue Denver Journal of International Law & Policy Volume 30 Number 3 Summer Article 9 May 2020 Vol. 30, no. 3: Full Issue Denver Journal International Law & Policy Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation 30 Denv. J. Int'l L. & Pol'y (2002). This Full Issue is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. DENVER JOURNAL OF INTERNATIONAL LAW AND POLICY VOLUME 30 2001-2002 Denver Journal of International Law and Policy VOLUME 30 NUMBER 3 SUMMER-2002 ARTICLES WORLD WAR I: "THE WAR TO END ALL WARS" AND THE BIRTH OF A HANDICAPPED INTERNATIONAL CRIMINAL JUSTICE SYSTEM ............................. M. CherifBassiouni 244 RECENT DEVELOPMENTS IN EUROPEAN UNION SECURITIES LAW ................... Samuel Wolff 292 THE HUMAN RIGHTS APPROACH TO PEACE IN SIERRA LEONE: THE ANALYSIS OF THE PEACE PROCESS AND HUMAN RIGHTS ENFORCEMENT IN A CIVIL WAR SITUATION ......................... Laurence Juma 325 THE UNFINISHED "CRIMINAL PROCEDURE REVOLUTION" OF POST-DEMOCRATIZATION SOUTH KOREA .................................. Kuk Cho 377 CORPORATE GROUPS AND STRATEGIC ALLIANCES: NEW REFORM INSTRUMENTS TO THE CHINESE .................................. Yuwa Wei 395 THE 2002 JOHANNESBURG WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT: INTERNATIONAL ENVIRONMENTAL LAW COLLIDES WITH REALITY, TURNING Jo'BURG INTO "JOKE'BURG"........... George (Rock) Pring 410 ....iiiiiiiiiiiiiiiiiiiiiiiii t i ! iiiiiiiiiiiiiiiii i ' ..............iiii !iii!!iiiii!iii!i i! iiiiI j iiii i...................... iiiiiiiiiii iii! i! ii i iii ! M. Cherif Bassiouni We are honored to dedicate this issue of the Journal to an indefatigable champion of human rights, Cherif Bassiouni. Professor Bassiouni was born in Egypt in an aristocratic family of distinguished lawyers. During his formative years, he prepared himself for a life of dedication and commitment to the cause of human rights and peaceful resolution of international disputes. As a teacher, a scholar and an activist, Professor Bassiouni has touched many lives and inspired many to follow his path. And, he has consistently remained true to the cause of peace, justice and human rights. Professor Bassiouni began his teaching career at DePaul University College of Law in 1964. He specialized in international criminal law and has taught the subject since 1974. He published his first book on criminal law in 1969 and since then he has been a prolific writer, having authored or edited 65 books and over 200 law review articles in scholarly journals published in many countries and in several languages. His works have been relied upon by the highest courts in several countries and the United Nations as definitive authority. Among Professor Bassiouni's stellar accomplishments, which are many and varied, we will highlight a selected few. He served as chair of the UN Commission of Experts to investigate violations of international humanitarian law in the former Yugoslavia; the Commission's exemplary work was done, although underfunded and understaffed by the UN, with his own efforts to raise the necessary resources from governments and private foundations. The Commission served as a model for the later Rwanda Commission. Professor Bassiouni was the youngest Secretary-General of the prestigious International Association of Penal Law and now serves with distinction as its President. He founded the International Institute of Higher Studies in Criminal Sciences in 1972 in Siracusa, Sicily, which has become a premier center for conferences, seminars and training sessions for jurists from all over the world. It was there that, in 1977, he co-chaired a Meeting of the Committee of Experts that drafted what subsequently became the 1984 UN Convention Against Torture. Since the 1980s the Institute has trained over 2000 jurists from almost every Arab country, Central and Eastern European Countries, and Russia, on human rights and international criminal law and criminal procedure. In 1990, Professor Bassiouni founded the DePaul International Human Rights Law Institute and he serves still today as its President. The Institute has been particularly active in support of the UN's work for establishment of the International Criminal Court (ICC), a cause that he has long advocated. Even in the Cold War era, when most observers thought it was hopeless to seek the establishment of an ICC, Professor Bassiouni was its most ardent proponent. Later he was unanimously elected to chair the drafting committee of the UN diplomatic conference that produced the treaty and statute for the ICC. Professor Bassiouni has served as a Special Rapporteur for the United Nations DENV. J. INT'L L. & POL'Y VOL. 30:3 Commission on Human Rights and has been a consultant with the US Department of State and the United Nations. He has actively sought peaceful settlement of the Israeli - Palestinian conflict since the 1960s. In 1975 he and Professor Morton Kaplan of the University of Chicago presented the guiding principles of peace for a comprehensive framework agreement to be implemented in peace agreements between Israel and Egypt, Jordan, Syria, Lebanon, and the Palestinians. Since that time, he has vigorously and ceaselessly continued his efforts, working with the White House, the Department of State, and several governments and leaders in the Middle East. Cherif Bassiouni has a warm, charming, energetic, and engaging personality. In 1999 he delivered the distinguished McDougal Lecture at the University of Denver College of Law. In introducing him, Ved Nanda, Professor of International Law at DU and faculty advisor to this Journal, paid tribute to his longtime friend Professor Bassiouni as "a man of vision, a man of courage, and a man of action." We salute Professor Bassiouni with this dedication. WORLD WAR I: "THE WAR TO END ALL WARS"AND THE BIRTH OF A HANDICAPPED INTERNATIONAL CRIMINAL JUSTICE SYSTEM M. CHERIF BASSIOUNI* "Strategy is a system of stop-gaps." -Moltke' INTRODUCTION The words of Von Moltke, Germany's well-known general, are an apt prelude to the strategy of justice pursued by the Allies after World War I. It was, indeed, a "system of stop-gaps." World War I, commonly referred to as the "Great War" and "the war to end all wars," took place between 1914 and 1918 and "was the first general war, involving all the Great Powers of the day, to be fought out in the modem, industrialized world."2 The trigger for the war was an incident that occurred in the volatile Balkans 3 on June 28, 1914, in which Archduke Franz Ferdinand and his wife were assassinated by Gavrilo Princip as they rode in a car in Sarajevo.4 The " Professor of Law, President, International Human Rights Law Institute, DePaul University College of Law; President, International Association of Penal Law; President, International Institute for Higher Studies in Criminal Sciences. 1. ERICH VON MANSTEIN, LOST VICTORIES 367 (1958). See Gunter E. Rothberg, Moltke, Schlieffen & the Doctrine of Strategic Envelopment, in MAKERS OF MODERN STRATEGY FROM MACHIAVELLI TO THE NUCLEAR AGE 299 (Peter Paret ed., 1986). Moltke believed that war, given its uncertainties and changing circumstances, was more an art than a science. Consequently, there could be no "general rules" or "precepts." Instead, strategy could be no more than a "system of expedience" based on the strength of character and experience of the commander and his ability to make rapid decisions under stress. [C]ommon sense and opportunity, based on the honing of personal judgment were in fact his recipe for a commander's strategic decisions. Id. See also EBERHARD KESSEL, MOLTKE (1957). 2. DAVID STEVENSON, THE FIRST WORLD WAR AND INTERNATIONAL POLITICS 1 (1988). 3. The First and Second Balkan Wars had just been fought in the region in 1912 and 1913. See M. CHERIF BASSIOUNI, THE LAW OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA 10 (1996) [hereinafter BASSIOUNI, LAW OF THE ICTY] ("The two Balkan wars involved ethnic conflict on a massive scale. The worst atrocities appear to be related to efforts to unite the peninsula's Serbian population."). Cf M. Cherif Bassiouni, The Commission of Experts Established pursuant to Security Council Resolution 780: Investigating Violations of InternationalHumanitarian Law in the Former Yugoslavia, 5 CRIM. L.F. 279 (1994). 4. JOHN KEEGAN, THE FIRST WORLD WAR 49 (1999). 2002 WWI: THE WAR TO END ALL WARS plot to assassinate the heir to the Hapsburg throne was planned by a secret Serbian nationalist organization known as the Black Hand.5 Bosnia, which had been annexed into the Austro-Hungarian Empire in 1908, was viewed by such nationalist groups as an extension of Serbia.6 On July 28, 1914, following a Hapsburg ultimatum and the Serbian government's refusal to allow Austro- Hungarian representatives to participate in its official investigation of the assassinations, Austria-Hungary declared war on Serbia.7 What began as nothing more than a local Balkan conflict, however, soon escalated into a continental one.8 Following Russia's general mobilization on July 30, 1914, and France's refusal to declare its neutrality in the event of a Russo- German confrontation, Germany declared war on Russia and France on August I and August 3, respectively. 9 Then, on August 4, 1914, Great Britain declared war 10 on Germany after the latter invaded Belgium. The Allied and Associated Powers included the major powers of the Triple Entente, namely: Russia; France; and Great Britain; as well as, Belgium; Serbia; Japan; Italy; and numerous other nations. 1' The United States did not officially enter the conflict until April 6, 1917, when it declared war on Germany and joined the Allied and Associated Powers. 12 The Central Powers' alliance comprised 5. See id. ("[T]hough the terrorists were all Austrian subjects, they had been armed in Serbia and smuggled back across the Austrian border by a Serbian nationalist organization."); STEVENSON, supra note 2, at 11-12.
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