DOCSLIB.ORG

Department of Justice Journal of Federal Law and Practice

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Department of Justice Journal of Federal Law and Practice DEPARTMENT OF JUSTICE JOURNAL OF FEDERAL LAW AND PRACTICE Volume 67 November 2019 Number 4 Acting Director Corey F. Ellis Editor-in-Chief Christian A. Fisanick Managing Editor Sarah B. Nielsen Associate Editors Gurbani Saini Philip Schneider Law Clerks Joshua Garlick Emily Lary Mary Harriet Moore Niki Patel United States The Department of Justice Journal of Department of Justice Federal Law and Practice is published by Executive Office for the Executive Office for United States United States Attorneys Attorneys Washington, DC 20530 Office of Legal Education Contributors’ opinions and 1620 Pendleton Street statements should not be Columbia, SC 29201 considered an endorsement by Cite as: EOUSA for any policy, 67 DOJ J. FED. L. & PRAC., no. 4, 2019. program, or service. Internet Address: The Department of Justice Journal https://www.justice.gov/usao/resources/ of Federal Law and Practice is journal-of-federal-law-and-practice published pursuant to 28 C.F.R. § 0.22(b). Page Intentionally Left Blank Rule of Law In This Issue Introduction ........................................................................................ 1 By Deputy Attorney General Jeffrey A. Rosen OPDAT Advancing the Department Mission and Rule of Law Across the Globe ................................................................................. 3 By Catherine Newcombe and Jill Westmoreland Rose Rule of Law in Time of War: The Trial of Saddam Hussein ..... 19 By David M. DeVillers Uncivil Disobedience: A Selfish Threat to the Rule of Law ..... 47 By John W. Huber and David Backman Homicide on the High Seas and Navigable Waters: The Seaman’s Manslaughter Statute, 18 U.S.C. § 1115 .............. 55 By Gretchen C.F. Shappert Human Trafficking Enforcement and the Rule of Law ............ 93 By Hilary Axam and Soumya Silver The Meaning, Measuring, and Mattering of the Rule of Law............................................................................................... 103 By Elizabeth Anderson and Ted Piccone A Brief History on the Formation of Government Ethics and its Importance to the Rule of Law ..................................... 125 By Krystal Walker and Rebecca Mayer The Role of Internal Oversight in Preserving the Rule of Law............................................................................................... 139 By Office of Professional Responsibility Rule of Law In This Issue You’re Not in Kansas Anymore: On the Ground with OPDAT .................................................................................... 149 By Beth Sreenan Living Outside the Rule of Law: The Data on Department of Justice Human Trafficking Prosecutions and Where We Go From Here ........................................................................... 169 By Elliott B. Daniels The Rule of Law Collaborative: A Center of Practical, Interdisciplinary Research, and Engagement on Pressing Rule of Law Issues Around the World ...................... 191 By Joel H. Samuels Rule of Law and Human Rights in Military Stability Operations: Clarifying the Military’s Role in Rule of Law Development .......................................................................... 211 By Ronald T.P. Alcala Rule of Law Development and the Need for a Whole of Government Team ..................................................................... 229 By Major General (Retired) Patrick J. Reinert Legitimacy and Rule of Law: A Military Practitioner’s Point of View ................................................................................... 245 By Lieutenant Colonel Nathan J. Bankson National Security Data Access and Global Legitimacy .......... 257 By Dylan Cors Understanding Misunderstanding: Lessons Learned from the Negotiation and Implementation of the Security Agreement Between the United States and Iraq ..................... 287 By Brigadier General Susan Escallier Rule of Law In This Issue Francis Fukuyama and the Rule of Law: A Book Review of Political Order and Political Decay by Francis Fukuyama ....................................................................................... 319 By Tate Chambers Note from the Editor-in-Chief ..................................................... 331 By Chris Fisanick Introduction Jeffrey A. Rosen Deputy Attorney General of the United States There are few concepts more fundamental to our system of government than the rule of law. The safety, security, and prosperity we enjoy are rooted in the principle that we are all accountable under a set of clearly established laws that apply equally to everyone. In the late seventeenth century, political philosopher John Locke advocated for a rule-of-law system in which government was “directed to no other end but the peace, safety, and public good of the people” and citizens were governed by “established standing laws, promulgated and known to the people, and not by extemporary decrees.”1 The founders enshrined this principle in our constitutional system by creating “a government of laws, not of men.”2 This commitment to the rule of law formed the foundation that has enabled our society to thrive. In the United States, our rule-of-law system includes checks and balances to ensure that no one part of government becomes too powerful. It provides for due process and equality before the law. It promotes peace by providing a predictable mechanism for resolving disputes. And it affords us a sense of security by setting expectations for behavior, supplying a system to adjudicate violations, and establishing penalties to punish those who break the law. As President Dwight D. Eisenhower aptly put it, “The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law.”3 At the Department of Justice (Department), promoting and protecting the rule of law is at the heart of our mission. As employees of the Department, we are called upon “[t]o enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just 1 JOHN LOCKE, TWO TREATISES ON CIVIL GOVERNMENT 258–59 (1689). 2 MASS. CONST. pt. 1, art. XXX (1780); John Adams, Essay 7, in Novanglus; Or, a History of the Dispute with America from Its Origin, In 1754, to the Present Time (1775). 3 Dwight D. Eisenhower, President of the United States, United States Law Day Address (May 1, 1958). November 2019 DOJ Journal of Federal Law and Practice 1 punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.”4 This directive places us on the front lines of the effort to promote and preserve the rule of law. Given its centrality to our work, I am delighted that this issue of the Department of Justice Journal of Federal Law and Practice centers on the rule of law. This diverse set of articles explores different aspects of the rule of law and highlights ways in which Department employees work to promote the rule of law both domestically and abroad. For example, in Uncivil Disobedience: A Selfish Threat to the Rule of Law, United States Attorney John W. Huber and Criminal Chief David Backman from the District of Utah describe efforts the Department is taking to combat the emerging threat posed by the normalization of criminal behavior. In Rule of Law in Time of War: The Trial of Saddam Hussein, United States Attorney David M. DeVillers from the Southern District of Ohio tells the compelling story of his work promoting the rule of law in Iraq through the Regime Crimes Liaison Office following the fall of Saddam Hussein. And in A Brief History on the Formation of Government Ethics and its Importance to the Rule of Law, Krystal Walker and Rebecca Mayer from the General Counsel’s Office of the Executive Office for United States Attorneys discuss how important it is that those of us in government adhere to the highest ethical standards. I want to thank all of the authors who contributed articles to this volume, as well as the editors who compiled it. At the Department of Justice, we have been entrusted with the awesome responsibility of enforcing the law. I am grateful for the work the Department’s more than 110,000 employees do every day to carry out that critical mission and to uphold the rule of law. 4 About DOJ, DEP’T OF JUSTICE, https://www.justice.gov/about (last visited Nov. 19, 2019). 2 DOJ Journal of Federal Law and Practice November 2019 OPDAT: Advancing the Department Mission and Rule of Law Across the Globe Catherine Newcombe Security Sector Assistance Coordinator and Regional Director Office of Overseas Prosecutorial Development, Assistance, and Training (OPDAT) Criminal Division Jill Westmoreland Rose Counsel for Global Counterterrorism Office of Overseas Prosecutorial Development, Assistance, and Training (OPDAT) Having been an OPDAT Resident Legal Advisor, not only am I a better, more knowledgeable and well-rounded prosecutor, but I have gained a worldwide network of law enforcement contacts that I draw upon to this day. Simply put, the OPDAT experience for an AUSA is an invaluable asset to any and every U.S. Attorney’s Office. U.S. Attorney Peter Strasser (E.D. La.) U.S. prosecutors deployed overseas by the Criminal Division’s Office of Overseas Prosecutorial Development, Assistance, and Training (OPDAT) provide invaluable assistance to partner countries in identifying, disrupting, and dismantling criminal activities that threaten U.S. interests at home and abroad.
Load more

Recommended publications
  • The World Justice Project (WJP) Rule of Law Index® 2020 Board of Directors: Sheikha Abdulla Al-Misnad, Report Was Prepared by the World Justice Project
    World Justice .:�=; Project World Justice Project ® Rule of Law Index 2020 The World Justice Project Rule The World Justice Project of Law Index® 2020 The World Justice Project (WJP) Rule of Law Index® 2020 Board of Directors: Sheikha Abdulla Al-Misnad, report was prepared by the World Justice Project. Kamel Ayadi, William C. Hubbard, Hassan Bubacar The Index’s conceptual framework and methodology Jallow, Suet-Fern Lee, Mondli Makhanya, Margaret were developed by Juan Carlos Botero, Mark David McKeown, William H. Neukom, John Nery, Ellen Agrast, and Alejandro Ponce. Data collection and Gracie Northfleet, James R. Silkenat and Petar Stoyanov. analysis for the 2020 report was performed by Lindsey Bock, Erin Campbell, Alicia Evangelides, Emma Frerichs, Directors Emeritus: President Dr. Ashraf Ghani Ahmadzai Joshua Fuller, Amy Gryskiewicz, Camilo Gutiérrez Patiño, Matthew Harman, Alexa Hopkins, Ayyub Officers: Mark D. Agrast, Vice President; Deborah Ibrahim, Sarah Chamness Long, Rachel L. Martin, Jorge Enix-Ross, Vice President; Nancy Ward, Vice A. Morales, Alejandro Ponce, Natalia Rodríguez President; William C. Hubbard, Chairman of the Cajamarca, Leslie Solís Saravia, Rebecca Silvas, and Board; Gerold W. Libby, General Counsel and Adriana Stephan, with the assistance of Claudia Secretary; William H. Neukom, Founder and CEO; Bobadilla, Gabriel Hearn-Desautels, Maura McCrary, James R. Silkenat, Director and Treasurer. Emma Poplack, and Francesca Tinucci. The report was produced under the executive direction of Elizabeth Executive Director: Elizabeth Andersen Andersen. Chief Research Officer: Alejandro Ponce Lead graphic designer for this report was Priyanka Khosla, with assistance from Courtney Babcock. The WJP Rule of Law Index 2020 report was made possible by the generous supporters of the work of the Lead website designer was Pitch Interactive, with World Justice Project listed in this report on page 203.
    [Show full text]
  • The Resurgence of Asa'ib Ahl Al-Haq
    December 2012 Sam Wyer MIDDLE EAST SECURITY REPORT 7 THE RESURGENCE OF ASA’IB AHL AL-HAQ Photo Credit: Asa’ib Ahl al-Haq protest in Kadhimiya, Baghdad, September 2012. Photo posted on Twitter by Asa’ib Ahl al-Haq. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage or retrieval system, without permission in writing from the publisher. ©2012 by the Institute for the Study of War. Published in 2012 in the United States of America by the Institute for the Study of War. 1400 16th Street NW, Suite 515 Washington, DC 20036. http://www.understandingwar.org Sam Wyer MIDDLE EAST SECURITY REPORT 7 THE RESURGENCE OF ASA’IB AHL AL-HAQ ABOUT THE AUTHOR Sam Wyer is a Research Analyst at the Institute for the Study of War, where he focuses on Iraqi security and political matters. Prior to joining ISW, he worked as a Research Intern at AEI’s Critical Threats Project where he researched Iraqi Shi’a militia groups and Iranian proxy strategy. He holds a Bachelor’s Degree in Political Science from Middlebury College in Vermont and studied Arabic at Middlebury’s school in Alexandria, Egypt. ABOUT THE INSTITUTE The Institute for the Study of War (ISW) is a non-partisan, non-profit, public policy research organization. ISW advances an informed understanding of military affairs through reliable research, trusted analysis, and innovative education. ISW is committed to improving the nation’s ability to execute military operations and respond to emerging threats in order to achieve U.S.
    [Show full text]
  • Examples of Iraq and Syria
    BearWorks MSU Graduate Theses Fall 2017 The Unraveling of the Nation-State in the Middle East: Examples of Iraq and Syria Zachary Kielp Missouri State University, [email protected] As with any intellectual project, the content and views expressed in this thesis may be considered objectionable by some readers. However, this student-scholar’s work has been judged to have academic value by the student’s thesis committee members trained in the discipline. The content and views expressed in this thesis are those of the student-scholar and are not endorsed by Missouri State University, its Graduate College, or its employees. Follow this and additional works at: https://bearworks.missouristate.edu/theses Part of the International Relations Commons, and the Near and Middle Eastern Studies Commons Recommended Citation Kielp, Zachary, "The Unraveling of the Nation-State in the Middle East: Examples of Iraq and Syria" (2017). MSU Graduate Theses. 3225. https://bearworks.missouristate.edu/theses/3225 This article or document was made available through BearWorks, the institutional repository of Missouri State University. The work contained in it may be protected by copyright and require permission of the copyright holder for reuse or redistribution. For more information, please contact [email protected]. THE UNRAVELING OF THE NATION-STATE IN THE MIDDLE EAST: EXAMPLES OF IRAQ AND SYRIA A Masters Thesis Presented to The Graduate College of Missouri State University TEMPLATE In Partial Fulfillment Of the Requirements for the Degree Master of Science, Defense and Strategic Studies By Zachary Kielp December 2017 Copyright 2017 by Zachary Kielp ii THE UNRAVELING OF THE NATION-STATE IN THE MIDDLE EAST: EXAMPLES OF IRAQ AND SYRIA Defense and Strategic Studies Missouri State University, December 2017 Master of Science Zachary Kielp ABSTRACT After the carnage of World War One and the dissolution of the Ottoman Empire a new form of political organization was brought to the Middle East, the Nation-State.
    [Show full text]
  • India-Iraq Relations
    India-Iraq Relations India and Iraq have throughout enjoyed enduring political, economic and cultural ties. Basra was for the Arab world not only the market par excellence of the Indian merchandise including textiles, spices, food-grains and other commodities but also of the famous pearl trade that flourished mainly through the Indian traders and jewelers. Indian soldiers and railway workers from British India had played major role in ensuring the security in this region during the colonial era and have left an imprint in the region that many Iraqis still proudly claim their Indian ethnic descent. India and Iraq have even shared agricultural practices. The breed of the southern Iraqi jamus or the water buffalo had been brought by Harun Al-Rashid from India. The Iraqi philosophers and sufi saints like Hasan al Basri, Junaid Al Baghdadi and Sheikh Behlul had such an impact on the spiritual movements in India that Guru Dev Nanak Saheb came personally to Baghdad to deliberate on the ontological and the epistemological questions with Sheikh Behlul who hosted him for nearly three months. Iraqi spiritual leader Sheikh Syed Abdul Qadir Jeelani has enormous following in India where he is referred to either as Dastagir Saheb or Ghous-al- Azam. On the other hand, Indians were among the foremost to patronize the shrines and sarai khanas of the heritage of Islam’s primeval martyrdom at Karbala. Thousands of Indians visit the shrines of Imam Hussein and Imam Abbas in Karbala every year and also the shrine of Abdul Qadir Jeelani. The respect for each other’s strength has been mutual between India and Iraq.
    [Show full text]
  • An Estimated 5 Billion People Have Unmet Justice Needs Globally. This
    An estimated 5 billion people have unmet justice needs globally. This justice gap includes people who cannot obtain justice for everyday problems, people who are excluded from the opportunity the law provides, and people who live in extreme conditions of injustice. 6 February 2019 I. Introduction The Justice For All report of the Task Force on Justice describes a global justice gap of 5 billion people, underscoring the urgency of realizing justice for all and demonstrating unacceptable levels of exclusion from justice. This methodological note provides an update on the progress and methodological decisions that have been made since the October 2018 meeting of the Task Force on Justice in Sierra Leone (see Box 1), as well as the broader background, development process, and measurement approach for arriving at this figure. This information is organized in the following sections: I. Introduction, including the background, objectives, and principles guiding the justice gap assessment. II. Data Design for Measuring the Justice Gap, covering the development of measurement questions, selection of data sources, and development process to date. III. Measures, Definitions & Methods, describing the definition and methodology for calculating each measure included in the justice gap framework. The justice gap estimates presented in this note and described in the Justice For All report represent the first- ever effort to integrate survey data with other sources of people-centered data on the nature and scale of injustice. This synthesis was conducted
    [Show full text]
  • Light at the End of Their Tunnels? Hamas & the Arab
    LIGHT AT THE END OF THEIR TUNNELS? HAMAS & THE ARAB UPRISINGS Middle East Report N°129 – 14 August 2012 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... i I. INTRODUCTION ............................................................................................................. 1 II. TWO SIDES OF THE ARAB UPRISINGS .................................................................... 1 A. A WEDDING IN CAIRO.................................................................................................................. 2 B. A FUNERAL IN DAMASCUS ........................................................................................................... 5 1. Balancing ..................................................................................................................................... 5 2. Mediation ..................................................................................................................................... 6 3. Confrontation ............................................................................................................................... 7 4. The crossfire................................................................................................................................. 8 5. Competing alliances ................................................................................................................... 10 C. WHAT IMPACT ON HAMAS? ......................................................................................................
    [Show full text]
  • Saddam Hussein
    Saddam Hussein ﺻﺪام ﺣﺴﻴﻦ :Saddam Hussein Abd al-Majid al-Tikriti (/hʊˈseɪn/;[5] Arabic Marshal Ṣaddām Ḥusayn ʿAbd al-Maǧīd al-Tikrītī;[a] 28 April ﻋﺒﺪ اﻟﻤﺠﻴﺪ اﻟﺘﻜﺮﻳﺘﻲ 1937[b] – 30 December 2006) was President of Iraq from 16 July 1979 until 9 Saddam Hussein ﺻﺪام ﺣﺴﻴﻦ April 2003.[10] A leading member of the revolutionary Arab Socialist Ba'ath Party, and later, the Baghdad-based Ba'ath Party and its regional organization the Iraqi Ba'ath Party—which espoused Ba'athism, a mix of Arab nationalism and socialism—Saddam played a key role in the 1968 coup (later referred to as the 17 July Revolution) that brought the party to power inIraq . As vice president under the ailing General Ahmed Hassan al-Bakr, and at a time when many groups were considered capable of overthrowing the government, Saddam created security forces through which he tightly controlled conflicts between the government and the armed forces. In the early 1970s, Saddam nationalized oil and foreign banks leaving the system eventually insolvent mostly due to the Iran–Iraq War, the Gulf War, and UN sanctions.[11] Through the 1970s, Saddam cemented his authority over the apparatus of government as oil money helped Iraq's economy to grow at a rapid pace. Positions of power in the country were mostly filled with Sunni Arabs, a minority that made up only a fifth of the population.[12] Official portrait of Saddam Hussein in Saddam formally rose to power in 1979, although he had already been the de 1979 facto head of Iraq for several years.
    [Show full text]
  • Nuremberg Icj Timeline 1474-1868
    NUREMBERG ICJ TIMELINE 1474-1868 1474 Trial of Peter von Hagenbach In connection with offenses committed while governing ter- ritory in the Upper Alsace region on behalf of the Duke of 1625 Hugo Grotius Publishes On the Law of Burgundy, Peter von Hagenbach is tried and sentenced to death War and Peace by an ad hoc tribunal of twenty-eight judges representing differ- ent local polities. The crimes charged, including murder, mass Dutch jurist and philosopher Hugo Grotius, one of the principal rape and the planned extermination of the citizens of Breisach, founders of international law with such works as Mare Liberum are characterized by the prosecution as “trampling under foot (On the Freedom of the Seas), publishes De Jure Belli ac Pacis the laws of God and man.” Considered history’s first interna- (On the Law of War and Peace). Considered his masterpiece, tional war crimes trial, it is noted for rejecting the defense of the book elucidates and secularizes the topic of just war, includ- superior orders and introducing an embryonic version of crimes ing analysis of belligerent status, adequate grounds for initiating against humanity. war and procedures to be followed in the inception, conduct, and conclusion of war. 1758 Emerich de Vattel Lays Foundation for Formulating Crime of Aggression In his seminal treatise The Law of Nations, Swiss jurist Emerich de Vattel alludes to the great guilt of a sovereign who under- 1815 Declaration Relative to the Universal takes an “unjust war” because he is “chargeable with all the Abolition of the Slave Trade evils, all the horrors of the war: all the effusion of blood, the The first international instrument to condemn slavery, the desolation of families, the rapine, the acts of violence, the rav- Declaration Relative to the Universal Abolition of the Slave ages, the conflagrations, are his works and his crimes .
    [Show full text]
  • Syria & Its Neighbours
    Syria Studies i The View From Without: Syria & Its Neighbours Özden Zeynep Oktav Tine Gade Taku Osoegawa Syria Studies ii Syria Studies An open-access, peer reviewed, & indexed journal published online by: The Centre for Syrian Studies (CSS) University of St Andrews Raymond Hinnebusch (Editor-In-Chief) & Omar Imady (Managing Editor) Syria Studies iii _______________ © 2014 by the University of St Andrews, Centre for Syrian Studies Published by the University of St Andrews, Centre for Syrian Studies School of International Relations Fife, Scotland, UK ISSN 2056-3175 Syria Studies iv Contents Preface v-vi Omar Imady The Syrian Civil War and Turkey-Syria-Iran Relations 1-19 Özden Zeynep Oktav Sunni Islamists in Tripoli and the Asad regime 1966-2014 20-65 Tine Gade Coping with Asad: Lebanese Prime Ministers’ Strategies 66-81 Taku Osoegawa iv Syria Studies v Preface Omar Imady In this issue of Syria Studies, we move to a regional perspective of Syria, examining recent political dynamics involving Turkey and Lebanon. Three contributions by scholars on Syria are included in this issue, and their findings consistently point to just how charged and often hostile Syria’s relationships with its neighbours have been. In The Syrian Civil War and Turkey-Syria-Iran Relations, Özden Zeynep Oktav takes us on a fascinating journey from 2002 when the Justice and Development Party came to power, and until the present. Oktav highlights the period when Turkey sought a state of ‘zero problem with its neighbours’ and the positive implications this had on its relationship with Syria in particular. The advent of the Arab Spring, and the events that unfolded in Syria after March 2011, caused a dramatic change in Turkey’s foreign policy.
    [Show full text]
  • Multimediali Catalogo Dei DVD
    Biblioteca Tiziano Terzani Comune di Campi Bisenzio Villa Montalvo - Via di Limite 15 – 50013 Campi Bisenzio Tel. 055 8959600/2 – fax 055 8959601 www.comune.campi-bisenzio.fi.it/biblioteca [email protected] Multimediali Catalogo dei DVD A cura di Elena Tonini Ottobre 2018 Cataloghi e bibliografie: Catalogo dei DVD Lo spazio multimediale della biblioteca è situato al piano terreno, in prossimità dell’accoglienza e dei punti Internet. Qui sono disponibili sia CD audio che film, cartoni animati, spettacoli teatrali e concerti in DVD. E’ possibile prende re in prestito fino a 3 documenti contemporaneamente per 7 giorni. Il catalogo è suddiviso in 4 sezioni (Documentari, Spettacolo, Film, Animazione) ed è ordinato alfabeticamente per regista o titolo. Nella bibliografia il testo racchiuso tra parentesi quadrate che completa la citazione bibliografica (es.[Z DVD 791.43 ALL]) indica la collocazione del documento in biblioteca. 2 Biblioteca Tiziano Terzani Cataloghi e bibliografie: Catalogo dei DVD Documentari Regione Toscana. Consiglio regionale, 2008, 1 dvd (15 min.) [Z DVD 158.12 TOL] Eckhart Tolle . Portare la quiete nella vita [Z DVD 332.750 973090511 GIB] quotidiana , Cesena, Macrovideo, 2008, 28 p. Alex Gibney . Enron: it's just a business , (Nuova saggezza) Milano, Feltrinelli, c2006, 1 dvd (110 min.) (Real cinema) [Z DVD 252 MAS] Stefano Massini . Io non taccio: prediche di [Z DVD 342.450 23 SCA] Girolamo Savonarola , Bologna, Corvino Meda, Oscar Luigi Scalfaro . Che cos'é la 2011, 105 p. (Promo Music Eyebook) Costituzione? , Roma, L'Espresso, 2009, 1 dvd (ca. 70 min.) [Z DVD 252 MAS] Stefano Massini .
    [Show full text]
  • A Call for the EU to Assume Jurisdiction Over Extraterritorial Corporate Human Rights Abuses Jodie A
    Northwestern Journal of International Human Rights Volume 13 | Issue 1 Article 1 2015 A Call for the EU to Assume Jurisdiction over Extraterritorial Corporate Human Rights Abuses Jodie A. Kirshner Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njihr Part of the Human Rights Law Commons, and the International Law Commons Recommended Citation Jodie A. Kirshner, A Call for the EU to Assume Jurisdiction over Extraterritorial Corporate Human Rights Abuses, 13 Nw. J. Int'l Hum. Rts. 1 (2015). http://scholarlycommons.law.northwestern.edu/njihr/vol13/iss1/1 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Human Rights by an authorized administrator of Northwestern University School of Law Scholarly Commons. Vol. 13:1] Jodie A. Kirshner A Call for the EU to Assume Jurisdiction over Extraterritorial Corporate Human Rights Abuses Jodie A. Kirshner* This article calls on the EU to fill the governance gap developing as the United States retreats from holding companies responsible for extraterritorial human rights abuses. Doing so would facilitate the location of a new European identity in human rights leadership. The leadership would provide a compelling justification for European integration, one that the public could more easily understand and support. In the current economic climate, this is more necessary than ever. I. INTRODUCTION ¶1 The European Union should enable jurisdiction over foreign direct liability claims against companies. In April, the United States retreated from holding companies responsible for extraterritorial human rights abuses.1 No alternative means for imposing accountability currently exists.2 If the EU were to act to fill the governance gap that has resulted, it would facilitate the redress of grave wrongs and contribute to a revitalized European identity based on human rights leadership.3 ¶2 For several decades, the U.S.
    [Show full text]
  • Lessons Learned: Chemicals Trader Convicted of War Crimes1
    HAGUE JUSTICE JOURNAL I JOURNAL JUDICIAIRE DE LA HAYE VOLUME/VOLUME 2 I NUMBER/ NUMÉRO 1 I 2007 Lessons Learned: Chemicals Trader Convicted of War Crimes1 Santiago Oñate, Brigitta Exterkate, Lisa Tabassi and Erwin van der Borght2 “...It has been established that the accused, consciously and solely acting in pursuit of gain, has made an essential contribution to the chemical warfare program of Iraq during the nineteen eighties. His contribution has enabled, or at least facilitated, a great number of attacks with mustard gas on defenseless civilians. These attacks represent very serious war crimes...”3. Introduction On 23 December 2005, the District Court of The Hague, Criminal Law Section, handed down its judgement in the prosecution of Frans van Anraat, a Dutch businessman, finding him guilty, under Dutch law, of complicity in war crimes committed by the former Iraqi regime4. The Court determined that Mr van Anraat knowingly and intentionally supplied chemicals to the former Iraqi regime which were used to produce chemical weapons used by Iraq in Iraqi Kurdistan and in the Islamic Republic of Iran during the period 1984-1988. Mr van Anraat was acquitted of a second charge: complicity in genocide. Although the Court determined that the attacks in Iraqi Kurdistan (including the use of chemical weapons) formed part of a genocidal campaign in the period 1985-19885, the Court was 1 In a slightly revised form this article has been published previously in ‘Chemical Disarmament’, volume 4, number 4, at pp. 19-31. 2 The authors are, respectively, Legal Adviser, Senior Legal Officer and Legal Officer in the Technical Secretariat of the Organisation for the Prohibition of Chemical Weapons (OPCW), and Project Manager with an international humanitarian non-governmental organisation.
    [Show full text]