Human Rights Brief

Volume 15 | Issue 2 Article 8

2008 Updates from the International Criminal Courts Anna Katherine Drake American University Washington College of Law

Andrea Mateus

Emily Pasternak American University Washington College of Law

Rachel Katzman American University Washington College of Law

Katherine Anne Cleary American University Washington College of Law

See next page for additional authors

Follow this and additional works at: http://digitalcommons.wcl.american.edu/hrbrief Part of the Criminal Law Commons, Human Rights Law Commons, and the International Law Commons

Recommended Citation Drake, Anna Katherine, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, and Howard Shneider. "Updates from the International Criminal Courts." Human Rights Brief 15, no.2 (2008): 38-46.

This Column is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Human Rights Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Authors Anna Katherine Drake, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, and Howard Shneider

This column is available in Human Rights Brief: http://digitalcommons.wcl.american.edu/hrbrief/vol15/iss2/8 Drake et al.: Updates from the International Criminal Courts

Updates from the International Criminal Courts

Int e rn a t i o n a l Cr i m i n a l mortar attacks that briefly captured the To constitute a crime against humanity, Tr i b u n a l f o r t h e Fo r m e r world’s attention was the shelling of the the crime of rape must be committed as a Yu g o s l a v i a Markele Market by the Romanija Corps in part of a widespread or systematic attack August of 1995. Many Bosnian Serbs have against a civilian population. This ele- Ca s e s a n d Pr o c e e d i n g s maintained that the Bosnian Army shelled ment is what distinguishes crimes against its own people to stir up international sym- humanity from ordinary crimes. The tar- The trial of influential Serbian national- pathy; however, the Tribunal struck down geting of a collective group, in the form ist and politician Vojislav Šešelj restarted this theory previously. The bench was of a civilian population, rather than the on December 7, 2007. Šešelj has been particularly disturbed by the use, under individual victim, places crimes against awaiting trial at The Hague for five years Miloševic´ ’s command, of modified air humanity among the gravest of crimes. Of after voluntarily surrendering to the bombs to attack densely-packed Sarajevo the five other individuals indicted with- Tribunal. His trial was halted last year in because these bombs are “highly inac- Zelenovic´, the Tribunal convicted three response to a 28-day hunger strike he con- curate weapon[s]” with “extremely high — Dragoljub Kunarac, Radomir Kovacˇ , ducted in protest over various evidentiary explosive force.” One expert witness stated and Zoran Vukovic´ — for raping, tortur- matters, including his wish to have the that the bombs could deviate from their ing, and enslaving a number of Bosnian book he authored translated into English intended target by up to a kilometer. Muslim women and girls. The prosecu- so as to be submitted into evidence. Šešelj tion of the rapes committed against the is the leader of the nationalist Serbian The Appeals Chamber rejected the women of Fo cˇ a led to the first convictions Radical Party (SDS), which holds one third appeal of Dragan Zelenovic´ on October 31, by the ICTY for not only rape but also for of the seats in Serbia’s Parliament. He also 2007 and affirmed his 15-year sentence for enslavement as crimes against humanity. formed and led a notoriously violent mili- the torture and rape of Bosnian Muslim tia group associated with the SDS, popu- women and girls from Focˇ a in eastern The remaining two defendants on larly known as the Chetniks or Šešelj’s Bosnia. Zelenovic ´ , a Bosnian Serb soldier the Focˇ a indictment, Gojko Jankovic´ and Men. He has been indicted for inciting and de facto military policeman, assisted Radovan Stankovic´, were transferred to crimes against humanity and war crimes. in the capture of about 70 Muslim civilians Bosnia and Herzegovina to stand trial Prosecutors claim that by using inflamma- — women, children, and elderly — from before Sarajevo’s War Crimes Chamber. tory rhetoric and propaganda, he rallied Fo cˇ a after the Bosnian Serb Army over- Jankovic´ was found guilty of torture and his several-thousand-men-strong militia took the municipality in June of 1992. The rape and sentenced to 34 years’ imprison- into committing atrocities against civilians group was held for several months in dete- ment. Stankovic´ was convicted of enslave- in Croatia and Bosnia. Observers expect riorating circumstances, subject to starva- ment and rape and sentenced to 20 years’ Šešelj’s behavior at trial to be similar to tion and assault. Zelenovic´ raped several imprisonment. Stankovic´ escaped custody predecessor defendant Slobodan Miloševic´, women, repeatedly, throughout the dura- in May 2007 and has yet to be appre- who frequently shouted obscenities and tion of their captivity. He was indicted with hended. created chaos in the courtroom. The first several other members of the Bosnian Serb day of Šešelj’s trial proved as dramatic military police and paramilitary groups in The acquittal of Sefer Halilovic´, the as expected with the accused defending April of 1992 after being on the run from former Deputy Commander and Chief of nationalist views and taking credit for the the Tribunal for several years. He pled Main Staff of the Army of the Republic idea and movement behind the creation of guilty to torture and rape as a crime against of Bosnia and Herzegovina, was affirmed a “Greater Serbia.” humanity. by the Appeals Chamber on October 16, 2007. The Prosecution appealed the Trial One of the men responsible for the Rape has long been considered a crime Chamber’s 2005 judgment that Halilovic´ lengthy and brutal siege of Sarajevo, that could amount to a crime against was not responsible under a theory of Dragomir Miloševic´, was found guilty on humanity. The ICTY has recognized that command responsibility for atrocities com- December 12, 2007 for committing crimes sexual violence may be a tool used against mitted by Bosnian troops in the villages of against humanity and violations of the civilians during war. The International Grabovica and Uzdol in Herzegovina in laws or customs of war. He was sentenced Criminal Tribunal for Rwanda has also September 1993. The Appeals Chamber to 33 years’ imprisonment. A Bosnian recognized this, finding rape as an act affirmed the acquittal stating that the Serb, General Miloševic´ commanded the of genocide in the first case before that Prosecution had failed to establish that Bosnian Serb Army’s Sarajevo Romanija Tribunal. Before the recent ICTY convic- Halilovic´ exercised the required degree of Corps in August 1994. He oversaw the ter- tion of the men involved in widespread effective control over the troops to estab- ror campaign against the besieged city for rape of women in Focˇ a , however, interna- lish superior responsibility. 15 months. Under his order the city was tional tribunals did not prosecute rape as a shelled relentlessly and its residents sub- crime against humanity. ject to sniper fire. One of the more horrific

Published by Digital Commons @ American University Washington College38 of Law, 2008 1 Human Rights Brief, Vol. 15, Iss. 2 [2008], Art. 8 Co nt e m pt o f Co u rt Ch a r g e s been “repeatedly sighted” in Serbia. She Int e rn a t i o n a l Cr i m i n a l said that despite rhetorical commitment to Tr i b u n a l f o r Rw a n d a Two more witnesses scheduled to testify capture and hand over the four remaining Mi k a e l i Mu h i m a n a v. for the Prosecution in the Haradinaj et al. fugitives, Serbia has “no clear roadmap, Th e Pr o s e c u t o r , Ca s e No. case were indicted for contempt of court in no clear plan in the search for fugitives, ICTR-95-1B-A November 2007. The two witnesses, Avni no serious leads, and no sign that serious efforts have been taken to arrest the fugi- Krasniqi and Sadri Selca, were supposed On May 21, 2007, the Appeals Chamber tives.” Del Ponte recognized that Serbia to testify for the Prosecution and were of the International Criminal Tribunal for has made efforts to cooperate with the subpoenaed, but despite assurances of wit- Rwanda (ICTR) issued its judgment in the Tribunal, such as establishing a National ness protection, the two witnesses refused. case Mikaeli Muhimana v. the Prosecutor. Security Council to serve as a link between The Prosecution felt that the witnesses The Accused had appealed from an April the Tribunal and the government, but that had been intimidated, believing there have 28, 2005 conviction for genocide and the these steps are “slow and inefficient.” She been problems with witness intimidation crimes against humanity of rape and mur- alleges that Serbia negotiated with Ratko throughout the trial. Haradinaj, a popular, der, for which he had received multiple Mladic´ regarding his transfer to The Hague well-known former Prime Minister and life sentences. A majority of the Appeals as recently as 2006, but that Serbia refused member of the Kosovo Liberation Army Chamber reversed the factual findings of to arrest and transfer him involuntarily. (KLA), is charged with participation in a the Trial Chamber regarding two acts of joint criminal enterprise aimed at obtain- rape and one act of murder, but affirmed Del Ponte repeated her oft-stated warn- ing full control over a partially KLA- the sentences of life imprisonment for each ing to the European Union (EU) not to controlled region through forcible removal of Muhimana’s convictions. and mistreatment of Serbians and Kosovar consider Serbia as a candidate for acces- sion until Karadžic´ and Mladic´ are appre- Albanians believed not to support KLA Among the grounds of appeal submit- hended. Unfortunately, the European goals. The difficulty the Prosecution has ted by Muhimana against his April 2005 Union appears to be moving forward with faced in convincing witnesses to testify has conviction was the claim that the Trial the process regardless of whether Serbia led it to seek witness subpoenas and other Chamber erred in law and in fact by finding complies with the Tribunal’s demands. measures for witness protection. that he had the intent to commit genocide, After pro-western Boris Tadic´ ’s reelection when it was established at trial that, inter as President of Serbia in February 2008, A Fa r e w e l l t o Fo r m e r alia, he had a Tutsi wife whom he pro- the EU Enlargement Commissioner hinted Pr o s e c u t o r De l Po nt e tected through the end of the war and that that he was ready to sign a Stabilisation and he had saved other individual Tutsis. The Association Agreement (SAA) with Serbia, On January 1, 2008, the appointment Appeals Chamber unanimously rejected a precursor to accession. The Belgians and of the ICTY’s new Prosecutor Serge this claim, noting that the Trial Chamber Dutch are sticking to Del Ponte’s message, Brammertz came into effect. Brammertz made a number of findings in support however, insisting that no SAA be signed is the fifth Prosecutor to take office at the of its conclusion that the Appellant par- until Serbia hands over the remaining Tribunal, following Ramon Escovar Salom, ticipated in killing and seriously injuring defendants. Richard Goldstone, Louise Arbor, and Tutsi victims with the intention to commit Carla Del Ponte. Brammertz comes to the genocide, and stating that “evidence of Just days before his trip to Brussels ICTY from his position as Commissioner of limited and selective assistance towards a to meet with the EU Enlargement the International Independent Investigation few individuals does not preclude a trier of Commissioner and foreign policy chief, Commission into the assassination of fact from reasonably finding the requisite the new Chief Prosecutor issued a state- former Lebanese Prime Minister Rafik intent to commit genocide.” al-Hariri. ment heralding the capture of the four remaining fugitives as the “absolute prior- Muhimana also raised several claims of ity” of the Tribunal. While Del Ponte was Carla Del Ponte leaves her eight- legal and factual errors based on the Trial renowned for her public criticism of Serbia, year tenure at the Tribunal for a position Chamber’s assessment of different wit- Brammertz is known for subtle diplo- as Swiss Ambassador to Argentina. In nesses. Nearly all of these claims were dis- macy and quiet work behind the scenes. Del Ponte’s final address to the Security missed on the grounds that the Appellant Hopefully, Serbia will respond positively Council regarding the progress of the failed to demonstrate either “that no rea- to Brammertz’s style of persuasion, and Tribunal, she warned of meddling from sonable trier of fact could have reached the outstanding indictees will stand trial at Serbia. She accused the Serbian govern- the finding” based on the challenged testi- the Tribunal. ment of blocking the arrest of the two mony, or that “the error occasioned a mis- most wanted leaders of the political and carriage of justice.” However, a majority military branches of the former Bosnian of the Appeals Chamber did agree with Serb Government, Radovan Karadžic´ and Muhimana that the Trial Chamber erred in Ratko Mladic´ , respectively. Del Ponte fact when convicting the Appellant for two claimed that Serbian officials refused to rapes based on the testimony of someone conduct “even the most basic investiga- who was not an eyewitness to the alleged tory procedures” and that the two men had crimes. While the Appeals Chamber noted http://digitalcommons.wcl.american.edu/hrbrief/vol15/iss2/8 39 2 Drake et al.: Updates from the International Criminal Courts that it is permissible to base a convic- on several murders — nor the sentence of based on his participation in a joint crimi- tion on circumstantial evidence, and that life imprisonment for the conviction. Judge nal enterprise (JCE) to kill Tutsi civilians the witness did provide sufficient evi- Schomburg dissented from the majority, at Murambi Technical School and Kaduha dence to establish that two victims were finding that the defect in the indictment Parish. He was sentenced to 25 years in raped inside the Appellant’s home, the had been cured because the information prison for his crimes. Simba challenged testimony was insufficient to establish contained in the Pre-Trial Brief informed the Trial Chamber’s judgment and his sen- that it was the Appellant, as opposed to the Appellant clearly, consistently, and in tence based on fourteen separate grounds another perpetrator, that committed the a sufficient manner about the crime for of appeal, all of which were dismissed crimes. Accordingly, the Appeals Chamber which he was charged, as well as the place by the Appeals Chamber. The Prosecutor reversed the factual findings relating to and time at which the crime occurred. also challenged Simba’s sentence, say- these two rapes. Nonetheless, it modified ing that a single sentence of 25 years was neither the Appellant’s conviction for rape Finally, the Appellant claimed that the insufficient. Again, the Appeals Chamber as a crime against humanity, nor the sen- Trial Chamber erred in sentencing him dismissed this ground of appeal. tence imposed by the Trial Chamber for to life imprisonment on the grounds that that crime, as the conviction was based the Chamber failed to consider mitigating Among the grounds of appeal raised by on a finding that Appellant had commit- circumstances in violation of Article 23 Simba was the claim that he was denied ted 12 acts of rape, only two of which of the ICTR Statute. Muhimana argued a fair trial because two witnesses refused were reversed. Judges Shahabuddeen and that several factors should have mitigated to appear before the Tribunal to testify in Schomburg dissented, arguing that it was his sentence, including the fact that he his defense. According to Simba, these the Trial Chamber, and not the Appeals had no prior criminal convictions; he was witnesses, referred to as BJK1 and HBK, Chamber, that was in the best position to only 33 years old during the relevant were prevented from testifying due to the determine whether the facts sufficiently period; he is the father of nine children; “interference” of Rwandan government established Muhimana’s role in the alleged that he protected several Tutsis during the officials. The Appeals Chamber stated that crimes. events of 1994; and that he occupied a low it could conceive of situations where a fair position in the Rwandan administrative trial would not be possible because “wit- The Appellant was also successful in structure at the time of his crimes. The nesses crucial to the Defense case refuse to his claim that the Trial Chamber erred Appeals Chamber rejected the Appellant’s testify due to State interference.” However, in finding that he had killed a particular claims, explaining that: (i) the record did to establish such a claim, it is incumbent individual, namely a pregnant woman, in not show that Muhimana offered substan- on the Defense to demonstrate that such mid-May 1994 on Rugona Hill, because tiating evidence in support of his alleged interference in fact took place, and that the indictment failed to give the Appellant mitigating factors prior to sentencing; (ii) the Defense “exhausted all available mea- proper notice of the time and place of although the Trial Chamber is required to sures to secure the taking of the witnesses’ the alleged crime and his alleged role consider mitigating circumstances, it is testimony.” In Simba’s case, the Appeals in it. The Appeals Chamber found that under no obligation to actually mitigate a Chamber first found that the Appellant had the indictment was in fact defective and sentence based on the factors offered; and not fulfilled his burden of establishing that that, contrary to the findings of the Trial (iii) even when mitigating circumstances Witness BJK1’s refusal to testify was a Chamber, the defect had not been cured exist, a Trial Chamber can impose a life result of government interference. By con- through information included in a Pre-Trial imprisonment sentence when the gravity trast, the Appeals Chamber agreed with the Brief. The Appeals Chamber recognized of the crimes so requires. The Appeals Trial Chamber that there was evidence that that, under some circumstances, a defec- Chamber noted that the Appellant made the government interfered with Witness tive indictment may be cured by informa- no allegations challenging the gravity of HBK’s testimony. However, the Appeals tion such as a summary of anticipated his crimes. Chamber also agreed with the lower court testimony submitted in a Pre-Trial Brief, that the witness’s testimony would likely but in this case, the information provided Al o y s Si m b a v. Th e Pr o s e c u t o r , have been of limited probative value. in the brief did not “simply add greater Ca s e No. ICTR-01-76-A Furthermore, the Appeals Chamber found detail in a consistent manner with a more that the Defense had failed to exhaust all general allegation already pleaded in the The Appeals Chamber of the available measures to secure the taking of Indictment, [but] … modifie[d] the time, International Criminal Tribunal for Rwanda the witness’s testimony. Hence, Appellant’s location, and physical perpetrator, matters (ICTR) affirmed the Trial Chamber’s con- challenges based on the unavailability of that were already specifically pleaded in viction of Aloys Simba on November 27, witnesses in his defense were dismissed. the Indictment, albeit in a materially differ- 2007. A retired lieutenant colonel and ent manner.” As a result, a majority of the member of the “Comrades of the fifth The Appellant also raised several chal- Appeals Chamber invalidated Muhimana’s of July,” the group responsible for the lenges to his conviction for genocide and conviction on one count of murder as a coup d’état that brought former President extermination as a crime against humanity crime against humanity. Once again, how- Juvenal Habyarimana to power in 1973, pursuant to a JCE. Among these chal- ever, the Appeals Chamber found that the Simba was also a member of parliament lenges was a claim that an accused cannot error neither invalidated the Appellant’s from 1989 to 1993. The Trial Chamber be held responsible under a JCE theory of conviction for murder as a crime against found the Appellant guilty of genocide and liability unless the accused participated in humanity — as the conviction was based extermination as a crime against humanity the planning of the JCE itself. Specifically,

Published by Digital Commons @ American University Washington College40 of Law, 2008 3 Human Rights Brief, Vol. 15, Iss. 2 [2008], Art. 8 Appellant pointed to the fact that the Sp e c i a l Co u rt f o r Si e rr a Le o n e the alleged crimes were committed as part Trial Chamber held that he was criminally of a joint criminal enterprise (JCE), or were Pr o s e c u t o r v. Mo i n i n a Fo f a n a liable for crimes committed at Murambi a reasonably foreseeable consequence of a n d Al l i e u Ko n d e w a , Ca s e No. Technical School and Kaduha Parish, SCSL-04-14-T that enterprise. The common “plan, pur- despite finding that the evidence failed pose or design” of the CDF, according to establish that the Appellant was either to the Prosecutor, was to “use any means On August 2, 2007, the Trial Chamber the “architect” of the attacks or that he necessary to defeat the RUF/AFRC forces of the Special Court of Sierra Leone “played a role in their planning.” However, and to gain and exercise control over (SCSL) delivered its judgment in the case the Appeals Chamber determined that it is the territory of Sierra Leone.” Notably, of Prosecutor v. Moinina Fofana and “well-established that it is not necessary Trial Chamber II of the SCSL, which Allieu Kondewa. The case, which was the for a participant to have participated in the presided over the trial against the Armed second case to conclude at the SCSL trial planning of a JCE in order to be convicted Forces Revolutionary Council (AFRC), level, involved the conviction of two top for participation in it.” Simba also claimed had refused to consider JCE as a theory members of Sierra Leone’s Civil Defense that the Trial Chamber erred in finding that of criminal liability in that case on the Forces (CDF), a paramilitary organiza- he “shared the common purpose of killing grounds that the common plan described tion that fought in support of the elected Tutsi” in Murambi and Kaduha merely in the AFRC indictment — namely, to gain Sierra Leonean government during the as a result of his presence and conduct in and exercise political power and control country’s civil war. Each was convicted by those areas. The Appeals Chamber rejected over the territory of Sierra Leone — was a majority of the Trial Chamber of either this argument, stating inter alia that Simba “not inherently criminal.” committing or bearing superior responsi- was found not only to have been present bility for the following acts in violation at the two massacre sites, but also to have Fofana raised a similar challenge in of Article 3 Common to the Four Geneva distributed weapons and encouragement to the CDF case, arguing inter alia that Conventions of 1949 and of Additional the assailants, and thus it was reasonable the Prosecutor did not plead the “alleged Protocol II to those Conventions: murder, to conclude that the Appellant shared the criminal purpose of the JCE” with suf- cruel treatment, pillage and issuing collec- intent to carry out the common purpose of ficient specificity. However, despite the tive punishments. In addition, Kondewa killing Tutsi at Murambi Technical School similar descriptions of the underlying was convicted on one count of “other seri- and Kaduha Parish. “plan, purpose or design” in the two cases, ous violations of international humanitar- Trial Chamber I, without directly respond- ian law” in the form of conscripting child Finally, the Appellant raised a num- ing to Fofana’s challenge regarding the soldiers. Both men were unanimously ber of challenges to his conviction for “alleged criminal purpose of the JCE,” acquitted of the crimes against humanity of genocide with respect to the massacres at refused to dismiss the JCE charges in murder and other inhumane acts, as well as Murambi and Kaduha Parish. For exam- the CDF case. Nevertheless, in analyz- the war crime of terrorism. Justice Bankole ple, he argued that the Trial Chamber ing the alleged criminal responsibility of Thompson partially dissented from the erred by not requiring the Prosecution to Fofana and Kondewa for any given act, the judgment, writing a separate opinion in prove the existence of a plan or policy Chamber repeatedly found that “[a]lthough which he would have acquitted Fofana and as a fundamental element of the crime of on the basis of the evidence adduced it Kondewa on all counts based, inter alia, genocide. The Appeals Chamber easily appears that Norman, Fofana, Kondewa on findings that their acts were dictated dismissed this challenge, noting that under and their subordinates may have acted in by necessity and thus were legally defen- the jurisprudence of both the ICTR and concert with each other, we find that there sible. Justice Thompson also concluded the International Criminal Tribunal for is no evidence upon which to conclude that the Accused benefited from a defense the former Yugoslavia, the existence of beyond reasonable doubt that they did so referred to as salus civis suprema lex est, an agreement or a plan is not an element in order to further a common purpose, plan which means “the safety of the state is the required for a conviction of genocide. or design to commit criminal acts.” Thus, supreme law.” The Appeals Chamber also rejected the neither Fofana nor Kondewa were con- Appellant’s claim that the specific intent to victed for any crime on the basis of a JCE Initially, the CDF trial involved three commit genocide must be formed prior to theory of liability. accused: Sam Hinga Norman, who was the commission of genocidal acts, holding the National Coordinator of the CDF; that the Trial Chamber correctly held that With respect to the four counts of war Fofana, the National Director of War; and it is the existence of the intent to commit crimes for which the Accused were con- Kondewa, who was High Priest of the genocide at the moment the acts are com- victed, the Chamber found that between CDF. However, Norman died in surgery in mitted that matters. November 1997 and December 1999, February 2007, while the trial was ongo- Fofana and Kondewa were responsible, at ing, and the Trial Chamber terminated his times directly and at times through their proceedings three months later. According roles as superiors, for acts of murder, to the indictments against Norman, Fofana, cruel treatment, pillage, and issuing collec- and Kondewa, each was responsible for tive punishments in violation of Common eight counts of crimes against humanity, Article 3 of the Geneva Conventions and of war crimes, and other inhumane acts. The Additional Protocol II. These acts included Prosecutor charged that each Accused bore the killing of captured enemy combatants criminal responsibility because, inter alia, http://digitalcommons.wcl.american.edu/hrbrief/vol15/iss2/8 41 4 Drake et al.: Updates from the International Criminal Courts and “collaborators,” infliction of suffering A sentencing hearing was held several the Patriotic Force of Resistance in Ituri, to or injury upon them, and destruction of weeks after the conviction of Fofana and the ICC’s detention center at Scheveningen their houses. The Trial Chamber acquitted Kondewa, and on October 9, 2007, the in October 2007. Katanga’s arrest war- both Fofana and Kondewa of aiding and Trial Chamber issued its sentencing judg- rant notes that there is reason to believe abetting the war crime of terrorism based ment. Although the Chamber handed down he is responsible for a number of crimes on a finding that it had not been proved separate sentences, ranging from three to falling within the ICC’s jurisdiction. The beyond a reasonable doubt that the pri- eight years, for each guilty count entered case against Katanga seems, therefore, mary perpetrator, Norman, acted with the against Fofana and Kondewa, respectively, to more accurately reflect the full scope specific intent to spread terror, and that it ordered that the sentences be served and gravity of violations reported than therefore it had not been proved beyond a concurrently. Thus, Fofana will serve a did charges against Lubanga. Although reasonable doubt that Fofana and Kondewa total of six years, and Kondewa a total reports indicate that crimes of a sexual had the requisite knowledge to be con- of eight years, with credit for time served nature have been rampant in the DRC, the victed of aiding and abetting terrorism as since taken into custody on May 29, 2003. Prosecution did not include them among a war crime. These sentences stand in sharp contrast the charges against Lubanga for reasons to those handed down to each of the con- that may be related to the availability of The Trial Chamber also unanimously victed members of the AFRC group in July evidence. The decision not to include the acquitted both Fofana and Kondewa of 2007, which range from 45 to 50 years’ charges may have also been based on the charges of murder and other inhumane imprisonment. The Trial Chamber in the Moreno-Ocampo’s Prosecutorial Strategy acts as crimes against humanity because, CDF case explained the relatively lenient of focused investigations and prosecutions, despite establishing that the alleged acts sentences given to Fofana and Kondewa by in which a limited number of incidents and formed part of a widespread attack, the stating that harsh sentences would be coun- witnesses are selected to permit expedi- Prosecutor failed to prove that “the civil- terproductive to deterrence and the Court’s tious trials. The broader charges against ian population was the primary object of overall objectives of justice, peace and Katanga may signify a shift away from the attack.” In reaching this conclusion, reconciliation. In determining the appro- the strategic focus on a limited sample of the Court noted the Prosecutor’s admission priate sentences, the Chamber took into incidents and types of criminality. Katanga that the CDF had “fought for the restora- account the motivation of each accused to is charged with the sexual enslavement of tion of democracy.” reinstate democracy and the surrounding women and girls both as a crime against circumstances of the war. It acknowledged humanity and as a war crime. Finally, Trial Chamber I convicted the “justice or propriety” of pro-democracy Kondewa of committing other serious vio- armed forces, but also stated that the laws The prosecution of sexual violence lations of international humanitarian law of war must be observed even when a in armed conflict is critical due to the through his conscription and use of child group is defending legitimate causes. alarming rate at which militant groups are soldiers under the age of 15. Fofana was employing sexual violence as a strategy for acquitted under this charge, based on a attaining military objectives. Authorities finding of insufficient evidence, despite Int e rn a t i o n a l Cr i m i n a l Co u rt agree that the scale and brutality of sexual factual findings by the Court that Fofana violence in the DRC indicates the existence Pr o s e c u t i o n o f Se x u a l Vi o l e n c e had been in the presence of child soldiers of coordinated strategies whereby militant i n t h e De m o c r a t i c Re p u b l i c o f at the headquarters for the CDF High groups seek to gain military advantage t h e Co n g o Command and had attended a meeting at by terrorizing, weakening, and destroy- which Norman had stated that the “adult The International Criminal Court (ICC) ing civilian communities through sexual fighters were doing less than the children.” has received much criticism due to the violence. International law emphatically By contrast, the Chamber found that, as narrow focus of its efforts to bring jus- prohibits such conduct, as evidenced in the CDF’s High Priest, Kondewa was in tice and accountability to the situation in both custom and treaties. charge of initiating new members into the Democratic Republic of the Congo the CDF, which included children under (DRC). Specifically, until the fall of 2007, Sexual violence during armed conflict the age of 15. These children did not the Prosecutor’s investigations into wide- has been prohibited since as early as the merely partake in a “societal initiation,” spread violations in the DRC resulted in fifteenth century when 27 judges of the the Chamber held, but were given a potion the issuance of an arrest warrant for only Holy Roman Empire convicted Peter van to rub on their bodies for strength, put into one individual, Thomas Lubanga Dyilo, for Hagenbach, a knight acting under the com- military training and forced to participate the conscription of child soldiers during his mand of the Duke of Burgundy, because in battle. Kondewa also used children at role as leader of the Union of Congolese he allowed his troops to rape and kill civil- checkpoints and as bodyguards, supplying Patriots. The arrest warrant failed to ade- ians during the siege of a German town. them with knives and guns. The Chamber quately address the broad range of viola- Eminent publicist Hugo Grotius reaffirmed found that Kondewa was aware that many tions attributable to parties to the conflict this prohibition in the mid-seventeenth of the CDF’s soldiers were younger than in the Ituri region of Eastern DRC. century, and this prohibition is reflected 15, noting that children as young as seven in many domestic manuals, including the danced before him prior to battle. ICC critics were partially mollified by influential 1863 U.S. Lieber Code that the arrest and transfer of a second accused, governed American Civil War soldiers’ General Germain Katanga, chief of staff of conduct. By the middle of the twentieth

Published by Digital Commons @ American University Washington College42 of Law, 2008 5 Human Rights Brief, Vol. 15, Iss. 2 [2008], Art. 8 century, many national courts had con- what many see as Sudan’s flagrant disre- while it is important to try military com- firmed that rape constitutes not only a gard for United Nations (UN) efforts to manders for improper conduct, impunity violation of the laws and customs of war, intervene through diplomacy and the ICC, must end for political leaders that plan and but also gives rise to individual criminal the Prosecutor deplored Sudan’s failure to sponsor armed hostilities in violation of responsibility. Authorities including the protect its citizens and failure to cooperate international law. International Committee of the Red Cross with the ICC in continuing “in full sight of (ICRC), the International Criminal Tribunal the international community.” The Prosecutor’s second new investi- for the former Yugoslavia (ICTY) and the gation involves attacks on humanitarian Rome Statute of the ICC have noted that The Prosecutor called on the Security workers and peacekeepers. In particular, the act of rape constitutes the willful inflic- Council to send a strong and unanimous the Prosecutor plans to investigate an attack tion of “great suffering” amounting to a message to the Sudanese government to on African Union peacekeepers in Darfur grave breach of the Geneva Conventions. comply with Resolution 1593 and execute that left ten dead and eight wounded last Finally, sexual violence is prohibited under arrest warrants for Ahmed Haroun, Minister fall. For aid groups and peacekeepers to the Rome Statute. Katanga, for example, of State for Humanitarian Affairs, and function properly in armed conflict, inter- is charged specifically with the sexual Ali Kushayb, a Janjaweed militia leader, national law prohibits armed groups from enslavement of women and girls, punish- who the Sudanese government recently subjecting them to military attack. Where able both as a crime against humanity released from prison despite the ICC arrest mass atrocities have caused the deaths of under Art. 7(1)(g) of the Rome Statute, and warrant. Most Security Council members, 250,000 people and displaced 2.5 million, as a war crime under Art. 8(2)(b)(xxii). other attending UN Member States, and the importance of such an investigation non-governmental organizations (NGOs) rests in large part on its power to deter Despite the deep-rooted prohibition on responded by urging support for the ICC, future attacks. This is critical to allowing sexual violence in armed conflict, the but the statement was soon abandoned due humanitarian workers to function during practice continues to constitute a disturb- to Chinese and Russian opposition. While armed conflict and to stymie the escalation ingly common tactic employed by warring this was a disappointing show of political of civilian damages. Otherwise, humanitar- factions in the central African conflicts will, human rights groups have noted that ian workers are largely limited to repairing that have given rise to ICC investigations the statement would not have added to avoidable damages after hostilities cease. and arrest warrants. This is evidenced Sudan’s existing obligation under Security in part by the outstanding arrest war- Council Resolution 1593 to comply with Th e As s e m b l y o f St a t e s Pa rt i e s rants for Joseph Kony and Vincent Otti the ICC’s arrest warrants with respect to of the Ugandan rebel group, the Lord’s the Darfur crisis. The ICC’s governing body, the Resistance Army, and Ahmed Harun and Assembly of States Parties (ASP) to the Ali Kosheyb of Sudan — all charged with The Prosecutor also announced plans Rome Statute, concluded its sixth meeting crimes of sexual violence. In the DRC, to investigate two new cases. The first in December 2007 at UN Headquarters in organizations serving victims of sexual involves ongoing attacks on Sudan’s inter- New York. The ASP elected three new violence estimate that 14,000 rapes have nally displaced persons living in tempo- judges to replace judges who resigned occurred in North Kivu since 2004, and rary camps. He emphasized that the evi- before the end of their nine-year terms. around 1,400 in the past six months alone. dence indicates “[a] calculated, organized Fumiko Saiga of Japan will finish Judge Katanga’s trial represents the ICC’s first campaign by Sudanese officials to attack Claude Jorda’s term and is eligible for re- opportunity to bring its own formulation individuals and further destroy the social election for an additional nine-year term. of this centuries-old prohibition to bear on fabric of the society.” The evidence, he Bruno Cotte of France will serve the the continuing and unlawful use of sexual says, “points not to chaotic and isolated remainder of Judge Maureen Clark’s term, violence in armed conflict. acts, but to a pattern of attacks.” Notably, and Daniel David Nsereko of Uganda will the Prosecutor attributes the attacks to the replace Judge Karl Hudson-Phillips. The Ne x t St e p s a n d Ne w Sudanese government. He has indicated ASP enhanced the Trust Fund for Victims In v e s t i g a t i o n s i n t h e that he will trace responsibility up the to allow greater flexibility for earmarking Da r f u r Si t u a t i o n chain of command and seek to identify donations and adopted a recommendation “[those] bearing the greatest responsibil- of the Committee on Budget and Finance Further steps the Office of the Prosecutor ity for ongoing attacks against civilians; not to provide increased resources for legal took last fall that sought to improve the [those] … maintaining Haroun in a posi- aid in the Office of Public Counsel for the ICC’s effectiveness involved increasing tion to commit crimes, [and those] … Defense. pressure on Sudan to cooperate with the instructing.” outstanding arrest warrants, and promising The Special Working Group on the to open up new investigations in the Darfur Such an investigation, if pursued, Crime of Aggression continued discuss- Situation. On December 6, 2007, in the would represent an aggressive approach to ing definitions of aggression; the ASP Prosecutor’s sixth address to the Security stemming the flow of tolerance that char- appointed a Focal Point on cooperation, Council on Darfur, he stressed that Sudan acterizes political and military command emphasized as a result of Sudan’s defiance “is not fulfilling its duty to protect its structures that allow or condone grave of ICC arrest warrants; the ASP increased citizens, and is allowing members of the violations of the rules of armed conflict assistance to ICC outreach activities; and government to attack them.” Highlighting protecting civilians. As many critics note, the Prosecutor announced new investiga- http://digitalcommons.wcl.american.edu/hrbrief/vol15/iss2/8 43 6 Drake et al.: Updates from the International Criminal Courts tions on three continents — one of which is persons would not serve sentences in the that the Accused know of such an attack; thought to be Latin America, where a del- Netherlands. Moreover, the Netherlands that his acts be part of the attack and egation has met with victims and officials requires the UN and its member states to that the accused know that his acts were in Colombia. Finally, the ASP welcomed finance the tribunal, not the Dutch gov- part of the attack. To prove the crimes Japan and Chad as new States Parties, ernment. Mr. Ban estimates the tribunal were committed as acts of persecution, the bringing the total number of ratifications will cost $120 million over three years. Prosecution had to establish that Ljubinac of the Rome Statute to 105. UN member states have already donated acted with discriminatory intent against $30 million. Once the Dutch Parliament the victims because they were part of a ratifies the agreement it will be officially political, racial, ethnic, religious, national, Hy br i d a n d Int e rn a t i o n a l i z e d finalized. cultural, gender or otherwise identifiable Tr i b u n a l s group, and that discriminatory acts resulted In a January press conference, Mr. Th e Sp e c i a l Tr i b u n a l in the deprivation of a fundamental human Ban announced the tribunal’s creation and Fo r Le b a n o n right. affirmed that the UN and the Lebanese The United Nations (UN) recently took government were making “good progress” The Prosecution sought to prove a important steps to create a Special Tribunal coordinating efforts. Nevertheless, he was widespread or systematic attack took place for Lebanon to try those accused of the 2005 concerned that Lebanese legislators failed against Bosniak civilians in Rogatica by assassination of former Lebanese Prime to resolve the deadlock over the election establishing judicial notice of that fact, Minister Rafik Hariri. A divided Lebanese of a new Lebanese president. Internal as proven by the International Criminal Government failed to agree on a tribunal. governmental strife will make it difficult Tribunal for the former Yugoslavia (ICTY) As a result, in early May 2007 current for Lebanon to fully assist the UN in its in Prosecutor v. Momcilo Krajisnik. Article Lebanese Prime Minister Fouad Siniora investigation. Mr. Ban noted that he would 4 of the Law on the Transfer of Cases sent a letter to UN Secretary-General Ban announce the names of the tribunal’s judges (which governs Rule 11 bis transfers of Ki-moon requesting the UN establish the once preparations were complete. accused from the ICTY to the WCC) tribunal as a matter of urgency. On May allows the Court “to accept as proven those 30, the UN Security Council adopted a Th e Wa r Cr i m e s Ch a m b e r o f facts that are established by legally binding resolution formally endorsing the tribu- t h e Co u rt o f Bo s n i a decisions in any other proceedings by the nal’s creation; ten Council members voted a n d He r z e g o v i n a ICTY … .” The Prosecution must move to for the resolution and five abstained. have the requested facts established as evi- On October 4, 2007, the Appeals dence, and the defense is given an oppor- The tribunal’s mandate is to try indi- Chamber of the War Crimes Chamber of tunity to rebut alleged facts. Establishing viduals suspected of assassinating Hariri, the State Court of Bosnia-Herzegovina judicial notice of facts proven by the ICTY killed on February 14, 2005, when explo- (WCC) confirmed its conviction of former has been an important tool for making the sives were set off as his motorcade drove Serb military member Radisav Ljubinac, trials more efficient. through Beirut. The tribunal has the for persecuting Bosniak civilians in the authority to try those responsible for other Rogatica Municipality while acting in his Another key issue raised in most WCC assassinated Lebanese political leaders. official capacity. Ljubinac was convicted, trials is the question of which law to apply. A minority of Lebanese judges and a on the basis of aiding and abetting, of The Defense, employing a principle of majority of foreign judges will sit in each three counts of crimes against humanity legality argument, claimed the Criminal chamber of the international hybrid tribu- as persecution: 1) participating in forcible Code of the Socialist Federal Republic of nal. According to UN Security Council relocation of Bosniak civilians; 2) com- Yugoslavia (CC SFRY) should be utilized, Resolution 1664 (2006), the tribunal will mitting inhumane acts of violence against since that criminal code was in force at the be “of an international character based detained civilians in the Rasadnik camp, time the crimes were committed. Under the on the highest international standards of with the intent of inflicting great suffering; CC SFRY, the category of crimes against criminal justice.” Although international and 3) transferring 27 civilians to the vil- humanity did not exist. The Trial Chamber in nature, the Special Tribunal will imple- lage of Duljevac, where Serb forces used held that the CC BiH applies, adopted in ment Lebanese law. The harshest penalty them as human shields and later executed 2003 to govern all WCC trials. the tribunal can administer is life impris- them. Ljubinac received a sentence of ten onment. years imprisonment for his crimes. Although crimes against humanity were not codified in the CC SFRY, such crimes In late December 2007, the UN The Prosecution had to establish that were established as a part of customary reached an important agreement with the Ljubinac committed criminal offenses out- international law when the accused com- Dutch government to house the tribu- lined in Article 172 of the Criminal Code mitted them. As such, the court concluded, nal in Leidschendam, a city bordering of Bosnia-Herzegovina (CC BiH) and that the principle of legality is kept intact The Hague. The tribunal will be located the chapeau elements of crimes against through the application of the CC BiH. in a building that until recently housed humanity were present. The chapeau ele- Moreover, the acts were codified as spe- the Dutch AIVD intelligence service. The ments require that there be a widespread cific crimes under the CC SFRY. Under Netherlands stipulated that as a condi- or systematic attack; that the attack be Article 4 of the CC BiH, if a law has been tion for hosting the tribunal, convicted directed against any civilian population; amended after the perpetration of a crime,

Published by Digital Commons @ American University Washington College44 of Law, 2008 7 Human Rights Brief, Vol. 15, Iss. 2 [2008], Art. 8 the law that envisages the more lenient year sentence to be appropriate considering regime officials tortured and killed thou- punishment should be applied. The court that the accused did not have a high level sands of Cambodians. Duch requested bail stayed true to this principle as well. Under of intent and was not the organizer of the ahead of his trial, scheduled to begin this the CC SFRY, the applicable punishment entire criminal activity in question. year. Journalists, international observers was the death penalty, but under the CC and Cambodian citizens alike packed the BiH, Ljubinac received the more lenient Th e Ex tr a o r d i n a r y Ch a m b e r s tribunal’s compound. punishment of ten years’ imprisonment. i n t h e Co u rt s o f Ca m b o d i a Duch argued he should be released on Strong evidence from victims or first- On Christmas Day 2007, protestors bail because he had already been detained hand witnesses exists proving Ljubinac’s in Cambodia marched in Phnom Penh to for over eight years without a trial. The role in aiding and abetting in the crimes of demonstrate their desire for a speedier res- 66-year-old has been detained since 1999 persecution of forcible transfer of Bosniak olution to the trials of five former Khmer for charges the Cambodian government men, women, and children, the severe beat- Rouge leaders. The protestors’ displeasure brought against him, and was transferred to ings of civilian detainees, and the transfer with the current process is illustrative of the ECCC’s custody in late July 2007. On of a group of 27 civilians to Duljevac where various problems the ECCC faces, most December 3, 2007, the five-judge panel, they were used as human shields and later recently with funding. Although the tri- composed of three Cambodian judges and executed. The Court identified two main bunal is budgeted $56.3 million, a heavy two UN-appointed international judges, aggravating factors; first, it considered workload means it will operate through unanimously ruled that Duch should forcible transfer an especially grave crime, 2010, as opposed to the original 2009 remain in detention, concluding that if as it enabled the greater plan of ethnic deadline. Peter Foster, a UN-appointed Duch were allowed to go free, his life cleansing. Second, aiding in the severe spokesman for the tribunal, predicts the could be in danger, he could try to flee the beating of helpless civilians and their use current funds may only last another six country, and he could constitute a threat to as human shields exemplified a high level months because of unexpected costs. For other witnesses. of cruelty, and commission of those crimes example, the tribunal currently employs as persecution further aggravated the cir- only 14 translators but needs at least 40 to The ECCC has also been bolstered by cumstances. Ljubinac was acquitted of translate the 300,000 pages of Cambodian- the recent detention of three senior Khmer three counts of crimes against humanity, language documents into English. Rouge leaders. Before November 2007, including other acts of persecution and Duch and Nuon Chea, known as “Brother murder, due to a lack of evidence. Donor support was shaken after two Number Two” due to his service as Pol UN reports in 2007 raised doubts about the Pot’s second in command, were the tri- On appeal, the Defense again raised tribunal’s administration. Specifically, a bunal’s only detainees. On November 12, the applicability of the CC BiH. Using UN audit last spring found that Cambodian 2007, Ieng Sary, who served as foreign the same rationale as the Trial Chamber, staff were often under-qualified and minister for the Khmer Rouge regime, the Appellate Chamber confirmed that that the tribunal paid inflated salaries to and his wife Ieng Thirith, who served as the CC BiH was correctly applied. The Cambodians. Despite such problems, the minister for social affairs, were arrested Prosecution argued there was sufficient UN is planning a major fund-raising drive at their home in Phnom Penh. The next evidence to convict Ljubinac on the three that may bring the budget to over $120 mil- day Sary was charged with war crimes and acquitted charges, but the Appellate lion. Even the United States, which made crimes against humanity, while Thirith was Chamber confirmed the Trial Chamber’s no contributions to the original budget, is charged solely with crimes against human- ruling that a lack of evidence existed prov- considering a donation. Joseph Mussomeli, ity. Sary allegedly perpetrated murders ing the accused’s guilt beyond a reasonable U.S. ambassador to Cambodia, made evi- and assisted in policies of forcible transfer doubt. dent the United States’ reticence to give, and forced labor. Thirith is suspected of stating in a December 26, 2007 article from orchestrating purges and the murders of The Prosecution then argued for a the Associated Press, “It would simply be various members of the Ministry of Social longer sentence. The Trial Chamber had irresponsible to suggest using American Affairs. viewed Ljubinac’s alcoholism as a mitigat- taxpayer money until we’re sure that the ing factor in the sentencing, reasoning that administrative process is also fixed.” Such A week later, former Khmer Rouge head the accused’s desire to become a valued doubts notwithstanding, it is ultimately a of state Khieu Samphan was arrested at a member of an organization (the Serb mili- positive sign that the United States is con- hospital in Phnom Penh. The 76-year-old tary) should be viewed as a consequence of sidering a donation at all. had been flown to a hospital in Cambodia’s his disease and the resulting social stigma, capital the week before after suffering and therefore not entirely in his control. Despite the tribunal’s problems, it has a stroke. Samphan became president of The Appellate Chamber disagreed, saying, also made important progress in recent Democratic Kampuchea (as Cambodia was “[T]he Prosecutor is right when stating months. The ECCC held its first public referred to at the time) when the Khmer that excessive drinking before the war session on November 20, 2007, a pre-trial Rouge ascended to power. He has consis- cannot be taken as a mitigating circum- hearing for Kaing Guek Eav, also known tently argued that his role as president was stance on the part of the Accused when as Duch. He is charged with crimes against merely ceremonial. Moreover, in his recent meting out the punishment.” Nonetheless, humanity for his activities as head of the book Reflection on Cambodian History the Appellate Chamber considered the ten- infamous S-21 prison at Tuol Sleng, where up to the Era of Democratic Kampuchea, http://digitalcommons.wcl.american.edu/hrbrief/vol15/iss2/8 45 8 Drake et al.: Updates from the International Criminal Courts Samphan referred to Pol Pot as a patriot Andrea Mateus, LL.M. in International Legal Katherine Anne Cleary, Assistant Director and claimed that in the Khmer Rouge gov- Studies, New York University School of Law of the War Crimes Research Office at ernment “[t]here was no policy of starving (2007), wrote the Mikaeli Muhimana v. the the Washington College of Law, edited people. Nor was there any direction set out Prosecutor summary for the Human Rights the Prosecutor v. Moinina Fofana and for carrying out mass killings.” Samphan Brief. Allieu Kondewa, Mikaeli Muhimana v. the was charged with crimes against humanity Prosecutor, and Aloys Simba v. the Prosecutor and war crimes for his role in the Khmer Emily Pasternak, a J.D. candidate at the summaries for the Human Rights Brief. Rouge regime. HRB Washington College of Law, wrote the Aloys Simba v. the Prosecutor summary for the Solomon Shinerock, a J.D. candidate at Human Rights Brief. the Washington College of Law, covers the International Criminal Court for the Human Anna Katherine Drake, a J.D. candidate at the Rachel Katzman, a J.D. candidate at the Rights Brief. Washington College of Law, covers the ICTY Washington College of Law, wrote the for the Human Rights Brief. Prosecutor v. Moinina Fofana and Allieu Howard Shneider, a J.D. candidate at the Kondewa summary for the Human Rights Washington College of Law, covers hybrid Brief. and internationalized tribunals for the Human Rights Brief.

International Legal Updates (Continued from page 37)

takes concrete steps toward reform, such on Human Security of the United Nations Matthew Solis, a J.D. candidate at the as freeing opposition leader and political and served as an advisor to the International Washington College of Law, covers the United prisoner Aung San Suu Kyi. Suu Kyi has Commission on Intervention and State States for the Human Rights Brief. been under house arrest since her National Sovereignty, which produced the well- League for Democracy party won Burma’s known Responsibility to Protect report. Jennifer Jaimes, a J.D. candidate at the last democratic parliamentary elections in He also served on the International Labor Washington College of Law, covers Latin 1990. Organization’s World Commission on the America for the Human Rights Brief. Social Dimension of Globalization. The secretive manner in which the Rukayya Furo, a J.D. candidate at the Charter was drafted also hinders the rati- Whether the new ASEAN charter Washington College of Law, covers Africa for fication process. Civil service groups such remains just an academic assertion of lofty the Human Rights Brief. as trade unions, alienated by the closed goals or an institution of fundamental human door sessions, actively oppose ratification rights depends largely on the decisions Ari Levin, a J.D. candidate at the Washington without further input. made in the next five years. Commissioners College of Law, covers the Middle East and from the national human rights organiza- North Africa for the Human Rights Brief. The Charter’s weak language and tions of Indonesia, Malaysia, Thailand, ASEAN’s undefined role necessitate strong and the Philippines met on January 29 to Morgan E. Rog, a J.D. candidate at the leadership and vision from the Secretary establish a framework for the proposed Washington College of Law, covers Europe for General in order to mold ASEAN into a regional body, the ASEAN Human Rights the Human Rights Brief. legitimate mechanism for upholding the Commission. During the two-day meeting, rights of citizens. Described as a per- the commissioners proposed that members Mahreen Gillani, an LL.M. candidate at the suasive politician, Pitsuwan received his of the Commission be appointed by their Washington College of Law, covers Central Ph.D. in political science and Middle respective foreign ministries from a list of and South Asia for the Human Rights Brief. Eastern studies from Harvard University candidates drawn by a selection commit- in the United States, then ran for a posi- tee consisting of national institutions and Alex Cheng, a J.D. candidate at the tion in the Parliament in his home town of civil society. The proposal will go back Washington College of Law, covers East and Nakhon Si Thammarat, Thailand, where to the four existing national commissions Southeast Asia and the Pacific for the Human he served nine terms and was appointed and individual national governments for Rights Brief. Minister of Foreign Affairs. After leaving further discussion before being submitted the foreign ministry in 2001, Pitsuwan was to ASEAN as a whole. HRB appointed as a member of the Commission

Published by Digital Commons @ American University Washington College46 of Law, 2008 9