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Harvard International Law Journal Digest Harvard International Law Journal Digest

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

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

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First Trial of Khmer Rouge Leader Begins

Posted on February 19, 2009
The first trial of a Khmer Rouge leader commenced on Tuesday. Kaing Guek Eav, 66, known as Duch, was a commandant of Security Prison 21, where he was allegedly involved in sending 14,000 Cambodians to their death. Duch is charged with crimes against humanity and war crimes and faces Cambodia’s maximum of life imprisonment...


Ukranian Arms Ship released by Somalian Pirates

Posted on February 16, 2009
On February 11, 2008, the Ukrainian arms freighter ?Faina? returned to the Kenyan Port of Mombasa with twenty sailors. The ship had been captured by Somali Pirates in the Gulf of Aden region more than four months ago, and was released after a ransom of $3...


Scholar Argues For Tougher Reponse to Piracy

Posted on February 16, 2009
In the wake of steadily increasing aggression on the part of pirates operating in the Gulf of Aden, law enforcement mechanisms for preventing piracy are falling short. Eugene Kontorovich, a scholar of international law at Northwestern Law School claims that new tools are needed to combat piracy in the waterways off Somalia that carry about [...


ICC to Investigate Gaza War Crimes Pending Jurisdiction Review

Posted on February 15, 2009
This week Palestinian officials traveled to the Hague to press the International Criminal Court to investigate alleged war crimes committed by Israeli forces during the recent violence in Gaza. ICC  prosecutor, Luis Moreno-Ocampo, had originally rejected Palestinian requests for the investigation, on the grounds that the ICC lacked jurisdiction...


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Obama Responds to Leahy?s ?Truth Commission? Proposal

Posted on February 13, 2009
In the first press conference of his presidency, U.S. President Obama seemed to reserve judgment on Vermont Senator Patrick Leahy’s calls for a “truth commission” to probe the Bush administration’s potential abuses. While Obama stressed that his “general orientation is to say let’s get it right moving forward,” he also did not rule out [...


US to ?Reset? Foreign Relations

Posted on February 12, 2009
At a major international security conference in Munich last week, Vice President Biden attempted to hit the “reset button” on American foreign relations by signaling out Russia and Iran for increased diplomatic efforts. “I come to Europe on behalf of a new administration determined to set a new tone in Washington, and in America’s relations around [...


Somali Pirates Paid Ransom

Posted on February 09, 2009
Pirates and Kenyan officials reported that the Somali pirates, who hijacked the Ukrainian arms freighter Faina over four months ago, were finally paid the ransom they demanded. The ship’s owners dropped $3.2 million (lower than the original $35 million the pirates asked for) via parachute onto the ship and the last pirate left on Thursday, [...


European Parliament Supports Closing of Guantánamo

Posted on February 09, 2009
The European Parliament recently passed a resolution supporting President Obama?s decision to close Guantánamo Bay within a year. The Member of the Parliament asked the U.S. to ensure that that rights and freedoms of the detainees are protected during the process...


ICC?s First Trial Commences

Posted on February 08, 2009
The trial of Thomas Lubanga Dyilo, a former Congolese militia leader, commenced on January 26, 2009 at the International Criminal Court (ICC) in The Hague. He is charged with War crimes of enlisting, conscripting, and using child soldiers under the age of 15 in the conflict in the Ituri region of eastern Democratic Republic of Congo (DRC) in 2002 [...


UN to Investigate Bhutto Killing

Posted on February 07, 2009
Following an official visit to Pakistan on Wednesday, February 4, UN Secretary General Ban Ki-moon called for the creation of a special commission to investigate the killing of Benazir Bhutto, former Prime Minister of Pakistan. Ban made the decision after what a UN spokesperson described as ?extensive consultation? with Pakistani and UN Security Council representatives...


EC and China Sign Nine Cooperation Agreements

Posted on February 06, 2009
A Chinese delegation led by Prime Minister Wen Jiabao finalized agreements on education, policy exchange, clean energy, environment, and intellectual property during a diplomatic visit with European Commission President José Manuel Barroso last month...


ICJ Settles Black Sea Border Dispute

Posted on February 06, 2009
The International Court of Justice resolved a dispute on Tuesday regarding a border in the Black Sea between Romania and Ukraine. The boundary has been disputed for the last 40 years, and there have been 24 rounds of failed negotiations between the two nations...


WTO Panel Rules on Challenges to Chinese Copyright Law

Posted on February 04, 2009
In a January 26th Panel Report, a WTO Panel has concluded that certain aspects of Chinese Copyright Law and Customs Measures were inconsistent with Trade Related Aspects of Intellectual Property Rights  (TRIPS) Agreement.  Specifically, the Panel found that Article 4 of Chinese Copyright Law, which prevented the works of foreign authors whose publication and distribution has not [...


European Court of Human Rights Celebrates 50th Anniversary

Posted on February 03, 2009
The judicial year of the European Court of Human Rights opened on January 30, officially marking the start of the Court’s 50th anniversary year. The Court, based in Strasbourg, which is comprised of of one judge for each state party to the Convention (47), ensures that states comply with their obligations under the [...


Zimbabwe?s Opposition Party Consents to Unity Government

Posted on February 01, 2009
Ten months after Zimbabwe’s presidential election, the country’s main opposition party has announced that it is ready to establish a unity government with President Robert Mugabe. The leader of the Movement for Democratic Change, Morgan Tsvangirai, won a majority of votes in the presidential election in March...


Iraqis Go to Polls in Provincial Elections

Posted on January 31, 2009
Iraqis voted for provincial council members on Saturday in an election many hoped would be more inclusive of ethnic and tribal sects than the 2005 national elections widely boycotted by Sunnis and Sadrists. As the U.S. military presence in Iraq diminishes, the elections are seen by some as a test of Iraq’s ability to govern [...


Obama?s Envoy Supports Gaza Cease-Fire

Posted on January 30, 2009
George Mitchell, President Obama’s top envoy to the Middle East, is currently on an eight-day “listening tour” of the region.  Recently, he met with Israeli and Palestinian officials to discuss the cease-fire between Israeli soldiers and Hamas militants in Gaza...


UNHCR: Permit Gazans to Flee Across Borders

Posted on January 10, 2009
The UN official responsible for refugees, UN High Commissioner for Refugees (UNHCR) Antonio Guterres, has declared that civilians who wish to flee fighting in the Gaza Strip must be allowed to pass across borders.  Both parties should not deny access at their borders to anyone attempting to avoid the fighting...


Detainee Poses Early Challenge for Obama

Posted on January 10, 2009
If Harvard Law School Dean Elena Kagan?s nomination as Solicitor General is successful, one of her first tasks will be the February 20th brief in an enemy combatant case, Al-Marri v. Pucciarelli, addressing the Bush Administration?s assertion that the President may order the military to seize legal residents of the United States and hold them [...


US Strengthens Ukraine Ties

Posted on January 10, 2009
Secretary of State Condoleezza Rice and Ukrainian Foreign Minister Volodymyr Ohryzko signed a security charter last month that establishes enhanced cooperation between the United States and Ukraine on a broad range of issues. The Charter will bring a greater American military and diplomatic presence to the Crimea and Black Sea, and indicates gradual implementation [...


UN Secretary General Calls for an Immediate Ceasefire in Gaza

Posted on January 08, 2009
Addressing the Security Council on January 6, 2009, the Secretary General of the United Nations, Ban Ki-Moon, called for an immediate ceasefire. Ki-moon’s recommendations were made particularly in light of the deadly Israeli strike of a United Nations School where hundreds of Gazans had sought refuge...


Secretary of State Presses for Cooperation in Mumbai Attack Investigations

Posted on December 08, 2008
U.S. Secretary of State Condoleeza Rice visited India and Pakistan last week in the wake of the November 26 terrorist attacks on Mumbai in which gunmen killed more than 170 people. Rice pledged U.S. support to India’s investigation of the attacks and emphasized the importance of cooperation in international counterterrorism efforts between India, the U...


United States Supports Resuming NATO-Russia Relations

Posted on December 06, 2008
While attending a conference in Belgium on December 2, Secretary of State Condoleezza Rice expressed the United States’ support of a gradual, informal resumption of contacts between NATO and Russia.  She stated, ?This isn’t an issue of isolating Russia, but it is an issue of what kinds of contacts are appropriate...


Court Orders Five Guantanamo Bay Detainees to be Released

Posted on December 05, 2008
A federal judge has ruled that the United States lacks adequate evidence to justify holding five Algerians detained as terror suspects in Guantanamo Bay, Cuba. U.S. District Judge Richard Leon rejected government claims that there was enough evidence to continue detaining the men, who have been held in Guantanamo for nearly seven years after being arrested [...


ICJ Will Hear Croatia v. Serbia Case

Posted on November 26, 2008
On November 18, the International Court of Justice (ICJ) found that it had jurisdiction, on the basis of Article IX of the Genocide Convention, to entertain the case concerning Croatia’s Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v...


ICC to Resume Lubanga trial in January

Posted on November 22, 2008
On Tuesday, Trial Chamber I of the International Criminal Court lifted its stay of proceedings in the case of The Prosecutor v. Thomas Lubanga Dyilo.  Lubanga, the founder and leader of the Union de patriots congolais (UPC), is accused of conscripting and enlisting child soldiers to participate in UPC hostilities in Ituri from September 2002 [...


UN Human Rights Chief Calls for Immediate Lifting of Israeli Blockade of Gaza Strip

Posted on November 20, 2008
On 18th November, 2008, Navi Pillay, the UN Human Rights Commissioner called for an immediate end to the Israeli blockade of the Gaza Strip. Pointing out that the Israeli action was a flagrant violation of International Law and denied the residents of Gaza their most basic human rights, Ms...


Controversy on the Seas

Posted on November 20, 2008
The INS Tabar, an Indian warship, encountered three pirate vessels approximately 320 miles south-west of the Omani coast in the Gulf of Aden late Tuesday.  When the pirates fired upon the Tabar, it retaliated, sinking the “mother ship” and forcing the would-be hijackers to abandon one of their two speedboats...


Aid to Rwandan President Arrested in Germany

Posted on November 13, 2008
On Tuesday, November 11, the Rwandan President Paul Kagame declared Germany violated his country’s sovereignty when it arrested one of his aids, Rose Kabuye,  and subsequently expelled the German ambassador. Germany responded by asking the Rwandan ambassador to leave Berlin...


ASEAN Law Ministers Gather in Brunei

Posted on November 12, 2008
Ministers of Law from the ten member states of the Association of Southeast Asian Nations (ASEAN) met in Brunei in late October for their seventh ASEAN Law Ministerial Meeting (ALAWMM).  Topics of discussion centered around the legal implications of the November 2007 adoption of the organization’s first legally binding charter, including cooperation in criminal adjudication, [...


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