The Pinochet Case and Its Consequences Ten Years On
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Germany, International Justice and the 20Th Century
Paul Betts Dept .of History University of Sussex NOT TO BE QUOTED WITHOUT PERMISSION OF THE AUTHOR: DRAFT VERSION: THE FINAL DRAFT OF THIS ESSAY WILL APPEAR IN A SPECIAL ISSUE OF HISTORY AND MEMORY IN APRIL, 2005, ED. ALON CONFINO Germany, International Justice and the 20th Century The turning of the millennium has predictably spurred fresh interest in reinterpreting the 20th century as a whole. Recent years have witnessed a bountiful crop of academic surveys, mass market picture books and television programs devoted to recalling the deeds and misdeeds of the last one hundred years. It then comes as no surprise that Germany often figures prominently in these new accounts. If nothing else, its responsibility for World War I, World War II and the Holocaust assures its villainous presence in most every retrospective on offer. That Germany alone experienced all of the modern forms of government in one compressed century – from constitutional monarchy, democratic socialism, fascism, Western liberalism to Soviet-style communism -- has also made it a favorite object lesson about the so-called Age of Extremes. Moreover, the enduring international influence of Weimar culture, feminism and the women’s movement, social democracy, post-1945 economic recovery, West German liberalism, environmental politics and most recently pacifism have also occasioned serious reconsideration of the contemporary relevance of the 20th century German past. Little wonder that several commentators have gone so far as to christen the “short twentieth century” between 1914 and 1989 as really the “German century,” to the extent that German history is commonly held as emblematic of Europe’s 20th century more generally.1 Acknowledging Germany’s central role in 20th century life has hardly made things easy for historians, however. -
The Media World After Wikileaks and News of the World Salle IV, UNESCO Headquarters, Paris 16-17 February 2012
The Media World after WikiLeaks and News of the World Salle IV, UNESCO Headquarters, Paris 16-17 February 2012 Organizers: World Press Freedom Committee, in cooperation with the UNESCO Communication & Information Sector. Co-sponsors: the World Association of Newspapers & News Publishers (WAN-IFRA), World Editors Forum and the International Press Institute. With the support of: JP-Politiken Publishing Group (Copenhagen, Denmark); Open Society Foundation’s Network Media Program (London, UK) and Nicholas B. Ottaway Foundation (New York, USA). Background With a stunning 2 billion persons estimated to be using the Internet and producing 156 million public blogs in 2011, there has been a surge of social networks, user-generated content and micro-blogging that has enabled all Internet users to become public communicators. Along with the spread of the Internet, WikiLeaks' release of a massive number of classified government documents and its initial collaboration with traditional news media has modified the media landscape and raised crucial questions for journalism. Following a conference organized by the World Press Freedom Committee (WPFC) and the World Association of Newspapers & News Publishers (WAN-IFRA) at UNESCO HQ on “New Media: The Press Freedom Dimension” in February 2007, there is a need to explore further the future of traditional media and professional journalism -with their established practices, traditions and standards- as challenged by emergence of new actors and approaches like WikiLeaks. Objectives The WikiLeaks episode raised -
Revolutionary Tactics: Insights from Police and Justice Reform in Georgia
TRANSITIONS FORUM | CASE STUDY | JUNE 2014 Revolutionary Tactics: Insights from Police and Justice Reform in Georgia by Peter Pomerantsev with Geoffrey Robertson, Jovan Ratković and Anne Applebaum www.li.com www.prosperity.com ABOUT THE LEGATUM INSTITUTE Based in London, the Legatum Institute (LI) is an independent non-partisan public policy organisation whose research, publications, and programmes advance ideas and policies in support of free and prosperous societies around the world. LI’s signature annual publication is the Legatum Prosperity Index™, a unique global assessment of national prosperity based on both wealth and wellbeing. LI is the co-publisher of Democracy Lab, a journalistic joint-venture with Foreign Policy Magazine dedicated to covering political and economic transitions around the world. www.li.com www.prosperity.com http://democracylab.foreignpolicy.com TRANSITIONS FORUM CONTENTS Introduction 3 Background 4 Tactics for Revolutionary Change: Police Reform 6 Jovan Ratković: A Serbian Perspective on Georgia’s Police Reforms Justice: A Botched Reform? 10 Jovan Ratković: The Serbian Experience of Justice Reform Geoffrey Robertson: Judicial Reform The Downsides of Revolutionary Maximalism 13 1 Truth and Reconciliation Jovan Ratković: How Serbia Has Been Coming to Terms with the Past Geoffrey Robertson: Dealing with the Past 2 The Need to Foster an Opposition Jovan Ratković: The Serbian Experience of Fostering a Healthy Opposition Russia and the West: Geopolitical Direction and Domestic Reforms 18 What Georgia Means: for Ukraine and Beyond 20 References 21 About the Author and Contributors 24 About the Legatum Institute inside front cover Legatum Prosperity IndexTM Country Factsheet 2013 25 TRANSITIONS forum | 2 TRANSITIONS FORUM The reforms carried out in Georgia after the Rose Revolution of 2004 were Introduction among the most radical ever attempted in the post-Soviet world, and probably the most controversial. -
No Justice, No Peace: Accountability for Rape and Gender-Based Violence in the Former Yugoslavia Women in the Law Project
Hastings Women’s Law Journal Volume 5 | Number 1 Article 5 1-1-1994 No Justice, No Peace: Accountability for Rape and Gender-Based Violence in the Former Yugoslavia Women in the Law Project Follow this and additional works at: https://repository.uchastings.edu/hwlj Recommended Citation Women in the Law Project, No Justice, No Peace: Accountability for Rape and Gender-Based Violence in the Former Yugoslavia, 5 Hastings Women's L.J. 89 (1994). Available at: https://repository.uchastings.edu/hwlj/vol5/iss1/5 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Women’s Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Ii!. No Justice, No Peace: Accountability for Rape and Gender-Based Violence in the Former Yugoslavia Based on a Mission of the Women in the Law Project of the International Human Rights Law Group* PREFACE The Women in the Law Project of the International Human Rights Law Group (Law Group) sponsored a delegation to the former Yugoslavia from February 14 to 22, 1993. The delegation, which was also endorsed by the Bar Association of San Francisco, had two principal objectives. First, the delegation provided training in human rights fact-finding methodology to local organizations documenting rape and other violations of international law committed in the context of the armed conflict in Bos nia-Herzegovina (Bosnia) and in Croatia. This part of the delegation's activities, undertaken in consultation with the United Nations Commission of Experts, I sought to enhance the thoroughness of local documentation * Delegation Members: Laurel Fletcher, Esq.; Professor Karen Musalo; Professor Diane Orentlicher, Chair; Kathleen Pratt, Esq. -
Ending Impunity: How International Criminal Law Can Put Tyrants on Trial Geoffrey Robertson
Cornell International Law Journal Volume 38 Article 1 Issue 3 2005 Ending Impunity: How International Criminal Law Can Put Tyrants on Trial Geoffrey Robertson Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Robertson, Geoffrey (2005) "Ending Impunity: How International Criminal Law Can Put Tyrants on Trial," Cornell International Law Journal: Vol. 38: Iss. 3, Article 1. Available at: http://scholarship.law.cornell.edu/cilj/vol38/iss3/1 This Comment is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. Ending Impunity: How International Criminal Law Can Put Tyrants on Trial Geoffrey Robertson QCt Introduction ..................................................... 649 I. Sovereign Immunity: Before Nuremberg ................... 650 II. N urem berg ............................................... 654 III. After Nurem berg ......................................... 656 IV. The ICJ Decision in D.R.C. v. Belgium .................... 657 V. The Concurring Minority in D.R.C ........................ 661 VI. The Pinochet Precedent .................................. 662 VII. The Present Rule ......................................... 665 VIII. Curial Competence ....................................... 667 IX. The Iraqi Special Tribunal ................................ 668 C onclusion ...................................................... 670 Introduction How far has international law come, in what our forebears, back in 1649, called "the great business" of denying impunity to tyrants accused of mass murdering their own people? Slobodan Milogevit sits in a dock in The Hague; he has been strutting and fretting his time on this televised stage since his trial began-as long ago as February 2002. -
Historical Origins of International Criminal Law: Volume 1 Morten Bergsmo, CHEAH Wui Ling and YI Ping (Editors)
Historical Origins of International Criminal Law: Volume 1 Morten Bergsmo, CHEAH Wui Ling and YI Ping (editors) E-Offprint: Geoffrey Robertson, “Foreword”, in Morten Bergsmo, CHEAH Wui Ling and YI Ping (editors), Historical Origins of International Criminal Law: Volume 1, FICHL Publication Series No. 20 (2014), Torkel Opsahl Academic EPublisher, Brussels, ISBN 978-82-93081-11-1. First published on 12 December 2014. This publication and other TOAEP publications may be openly accessed and downloaded through the website www.fichl.org. This site uses Persistent URLs (PURL) for all publications it makes available. The URLs of these publications will not be changed. Printed copies may be ordered through online distributors such as www.amazon.co.uk. © Torkel Opsahl Academic EPublisher, 2014. All rights are reserved. FOREWORD BY GEOFFREY ROBERTSON QC It is a privilege to introduce this important anthology on historical origins of international criminal law, which honours the memory of Judge LI Haopei through the 2014 LI Haopei Seminar. A distinguished diplomat and professor of international law, he lent academic credibility to the International Criminal Tribunal for the former Yugoslavia when, at the age of 87, he became a member of its first bench. His warning in that court’s first case, that judges should not stray beyond their competence as lawyers into political jungles where they were likely to get lost, laid down a challenge to his brethren that they must constantly keep in mind. His very presence, in those years, was a comforting signal that whatever China’s reluctance to approve humanitarian incursions on state sovereignty, it was nonetheless willing to abide by – and to participate in – the enforcement of a new international criminal law that had been too long absent from the world since it was apparently discovered at Nuremberg. -
Newsletter [2018] No 10
NEWSLETTER [2018] No. 10 The last month has been a very busy one for the Academy as will be clear from this Newsletter Meeting of the Board of Directors Tuesday 13 November The Board met on Tuesday 13 November and addressed many matters in a fairly long meeting. The Board had a larger than usual number of recommendations from the Membership From left: The Hon Kevin Lindgren AM QC, Mr Nopera Dennis-McCarthy, The Hon Justice Alan Robertson Committee for the issue of invitations to become Fellows of the Academy. Third and final Access to Justice event By now, several of the invitees have completed the held in Sydney on Tuesday 27 November paperwork and become Fellows as is indicated in 2018 the “New Fellows” section below. The series of three Access to Justice events held in The Board noted that several Fellows have still not Sydney this year culminated in one on Overcoming paid their renewal subscription of $400 for 2018- non-financial barriers to access to justice. 2019. Please accept this as a gentle reminder. The event was held in the Banco Court of the Presentation of AAL prize at Australia and Supreme Court of New South Wales. The Chair and New Zealand Law Honours Student panellists were: Conference 2018 Chair Each year the Academy presents a prize (a cheque Professor Simon Rice OAM, Professor of Law, for $1,000) to the Honours student who is judged to University of Sydney have made the best presentation on the subject of his or her Honours dissertation. Panel Members The event was held at UTS on Saturday 24 Ms Charlotte Steer, Lawyer, Seniors Rights November. -
1985-Nicaragua-Abuses Against Civilians by Counterrevolutionaries
REPORT and Prof. MICHAEL J. GLENNON to the INTERNATIONAL HUMAN RIGHTS LAW GROUP and the WASHINGTON OFFICE ON LATIN AMERICA concerning ---- ---- ---- ABUSES AGAINST CIVILIANS BY COUNTERREVOLUTIONARIES OPERATING IN NICARAGUA APRIL 1985 Copies of this report are available for $6.00 from the following organizations: Washington Office on Latin America 110 Maryland Avenue, NE Washington, D.C. 20002 (202) 544-8045 International Human Rights Law Group 1346 Connecticut Avenue, NW Washington D.C. 20036 (202) 659-5023 Q 1985 by the Washington Office on Latin America and the International Human Rights Law Group All Rights Reserved Printed in the United States TABLE OF CONTENTS -Page Preface...................................... i Statement of Sponsoring Organizations.. ...... iii Repor t of Donald T. Fox and Michael J. Glennon A. Introduction............................. 1 B. Background.............. ................. 3 C. Methodology........ ....................... 7 D. Findings .................................. 13 1. Sandinistas........................... 13 2. Contras............................... 14 3. United States Government .............. 20 F. Recommendations........................... 24 G. Final Thoughts.............. ............... 25 Appendices I. Terms of Reference and Biographies of Mr. Fox and Professor Glennon 11. Itinerary 111. Statements of Selected Individuals IV. Common Article 111 of the Geneva Conventions of 1949 PREFACE As part of their respective programs, the Inter national Human Rights Law Gcoup (Law G~oup)and the Washington Off ice on Latin America (WOLA) organized a delegation to visit Nicaragua to investigate and to report on allegations of abuses against the civilian population by the counterrevolutionary forces (Contras) f'ighting the Nicar aguan government. The delegation consisted of &. Donald FOX, senior partner in the New York law firm of FOX, Glynn and Melamed, and Mr. Michael Glennon, professor at the University of Cincinnati Law. -
In Conversation with Jennifer Robinson
In conversation with Jennifer Robinson Her pro bono work spans multiple jurisdictions, she has high profile clients and has attracted pro bono awards. While in lockdown in Australia, I catch up – virtually – with International Human Rights Barrister, Jennifer Robinson Jennifer Robinson is no ordinary lawyer. She’s also no particularly around the right to self-determination. Late ordinary Australian. Jennifer, or Jen, grew up in Berry, 2019 Jen was awarded the International Pro Bono a small country town in New South Wales as the Barrister of the Year Award. “Wenda came with me to oldest of four kids (she’s now the oldest of six). the Awards ceremony. It was really amazing for the Lord She studied law at the Australian National University Chief Justice of England and Wales to be talking about in Canberra, winning the university medal, which my work in West Papua. It’s such a lovely led to her being awarded the prestigious Rhodes recognition of my work, but more importantly Benny scholarship to study at Oxford. Since then she’s been and for his cause,” she says. In the US Elle© Magazine in unstoppable, becoming an award-winning human January 2020, Wenda is quoted as saying, “There are rights lawyer, changing many lives and sacrificing many lawyers [in West Papua], but they feel Indonesia many hours to work pro bono in the public interest. [is too] powerful…But she constantly stands up for the rights of people; she’s really a courageous woman.” I love the fact that our conversation takes place while she walks on a South Coast beach near Berry. -
Gambling with the Psyche: Does Prosecuting Human Rights Violators Console Their Victims?
VOLUME 46, NUMBER 2, SUMMER 2005 Gambling with the Psyche: Does Prosecuting Human Rights Violators Console Their Victims? Jamie O'Connell* INTRODUCTION Legal action against those accused of committing brutal violations of hu- man rights has flourished in the last decade. Saddam Hussein awaits trial in Iraq.' Augusto Pinochet, Chile's former military leader, has been pursued by European and Chilean prosecuting judges since Spain's Balthasar Garz6n sought his extradition for murder in October 1998.2 Meanwhile, at the Interna- tional Criminal Tribunal for the former Yugoslavia ("ICTY"), Slobodan Mil- 3 osevic is preparing his defense against charges of genocide and war crimes. Even U.S. Secretary of Defense Donald Rumsfeld, with other senior officials, has been accused in a privately filed criminal complaint in Germany of being responsible for the torture of prisoners held in Iraq.4 Such legal actions were almost unimaginable a decade ago. These are only the most prominent cases. A dozen senior Baathist officials face prosecution by Iraq's new government. 5 In Argentina, a 2001 court rul- ing abrogated laws giving immunity to military officers who oversaw and participated in the kidnapping and secret execution ("disappearance") of as * Clinical Advocacy Fellow, Human Rights Program, Harvard Law School; J.D., Yale Law School, 2002. I could not have written this Article without help from therapists and lawyers who work directly with survivors of traumatic violations of human rights. Mary Fabri, Rosa Garcia-Peltoniemi, Jerry Gray, Hank Greenspan, Judith Herman, Douglas Johnson, Dori Laub, Beth Stephens, Noga Tarnopolsky, and Alan Tieger gave me insights unavailable in any published source I could find. -
Hunting a Dictator As a Transnational Legal Process: the Internalization Problem and the Hissène Habré Case
Pace International Law Review Volume 24 Issue 1 Winter 2012 Article 6 January 2012 Hunting a Dictator as a Transnational Legal Process: The Internalization Problem and the Hissène Habré Case Caleb J. Stevens Follow this and additional works at: https://digitalcommons.pace.edu/pilr Recommended Citation Caleb J. Stevens, Hunting a Dictator as a Transnational Legal Process: The Internalization Problem and the Hissène Habré Case, 24 Pace Int'l L. Rev. 190 (2012) Available at: https://digitalcommons.pace.edu/pilr/vol24/iss1/6 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. HUNTING A DICTATOR AS A TRANSNATIONAL LEGAL PROCESS: THE INTERNALIZATION PROBLEM AND THE HISSÈNE HABRÉ CASE Caleb J. Stevens* “So if the question is ‘why do nations obey international law?’, my answer would be: Nations obey because of people like us— lawyers and citizens who care about international law, who choose not to leave the law at the water’s edge, who do their utmost to ‘bring international law home.’”1 -Harold Hongju Koh ABSTRACT Transnational legal process theory suffers from an internalization problem: it does not adequately explain why international legal norms are internalized. This article addresses the gap by analyzing the Habré case in Senegal as an example of transnational legal process. Utilizing speech act and securitization theories, I argue that internalization can be partly explained by three factors of agency: (1) the validity of the claim, (2) linguistic competence, and (3) discursive strategies. -
Fabricating Terrorism British Complicity in Renditions and Torture TABLE of CONTENTS
Fabricating Terrorism British Complicity in Renditions and Torture TABLE OF CONTENTS FOREWORD by Geoffrey Bindman....................................................................................................................3 INTRODUCTION ..................................................................................................................................................4 British Complicity in Rendition and Torture Overview....................................................................................7 PART ONE - RENDITIONS ....................................................................................................................................10 1. Definitions........................................................................................................................................................10 2. The responsibilities of British authorities........................................................................................................14 3. Case studies ..................................................................................................................................................21 Case 1 - Binyam Mohammed Al Habashi ......................................................................................................21 Case 2 - Jamal Al Harith ..................................................................................................................................24 Case 3 - Jamil El Banna and Bisher Al Rawi ..................................................................................................26