Democracy, Governance, and Rule of Law

In early November 2007, the Spanish Supreme Court's Criminal Chamber ("Supreme Court") released its judgment upholding, by a vote of 11-4, the conviction of former Argentine naval officer Adolfo Scilingo for his involvement in murders and illegal detentions in Argentina. Scilingo was convicted by a trial chamber of the Audiencia Nacional ("Audiencia"), Spain's special court for serious international crimes.

In the second week of September 2007, leading U.S. military and diplomatic officials provided long-awaited reports to Congress and the President on U.S. political and military activities in Iraq. These hearings focused attention on how much progress U.S. counterinsurgency (COIN) efforts have made in Iraq. Although debate surrounding these events centered on the question of the withdrawal of U.S. troops, the testimony and hearings connect the ongoing attempts by the U.S. government to adjust to the challenges presented by waging COIN campaigns.

The European Court of Human Rights (ECHR) recently decided Copland v. United Kingdom,[1] in which the ECHR expanded the basis and extent of protection for personal data in a variety of settings, including the workplace. The European Union's Data Protection Directive already mandated very broad protection for such data in EU member states. This decision may further widen the gulf between U.S.

As a party to the Vienna Convention on Consular Relations (VCCR), the United States has an obligation to ensure that a detained national of another party to the treaty is informed of the right to contact his or her consulate and request consular assistance.[1] The notification requirement of Article 36 of the VCCR has been at the center of a series of U.S.

On February 26, 2007, the International Court of Justice issued its judgment in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro).[1] The case marked the first time that a country sued another country for breaches of the Convention on the Prevention and Punishment of the Crime of Genocide ("the Convention").

From October 2005 to July 2006, Saddam Hussein and seven co-defendants were tried for crimes against humanity in the first of several planned trials before the Iraqi High Tribunal (IHT) -- a judicial institution originally created by the Iraqi Interim Governing Council on December 10, 2003, and later approved by the democratically elected Iraqi National Assembly on August 11, 2005.

On November 14, 2006, a criminal complaint[1] was filed in a German court against senior U.S. officials, including former Secretary of Defense Donald Rumsfeld, former CIA Director George Tenet, high ranking military officers, and several former government lawyers alleging torture and war crimes at Abu Ghraib prison in Iraq and the Guantanamo Bay Prison Camp.

The recent conflict in Lebanon and Northern Israel, occurring between a state and a non-state armed opposition group on the territory of a state that has not itself taken up arms, raises distinct challenges for interpretation of international law related to armed conflict.

Allegations have appeared in news reports that the United States is holding some terrorism suspects incommunicado and without trial in detention centers at undisclosed locations outside the United States, perhaps in Eastern Europe.  The United States government has not acknowledged the existence of any such detention facilities.  The discussion below is based on facts regarding the possible existence of such facilities as reported in news media, and is not intended to vouch for their accuracy.  The discussion is designed to point out the principal le