Ten Years After the War in Kosovo: International Law, Kosovo and the International Criminal Tribunal for the Former Yugoslavia
Introduction
Introduction
The Foreign Sovereign Immunities Act (FSIA) provides that foreign states shall be immune from the jurisdiction of U.S. courts unless the suit falls within a specified statutory exception to immunity. There is currently a conflict among the federal circuit courts over whether suits against individual foreign officials are covered by the FSIA. If such suits are not covered by the FSIA, additional questions are raised concerning a possible common law immunity for foreign officials. This Insight describes both the conflict and the additional questions.
Background
Introduction
Introduction
On May 30, 2008, delegates at the Dublin Diplomatic Conference on Cluster Munitions adopted the Convention on Cluster Munitions (CCM), a new treaty that seeks to ban the use, development, acquisition, stockpiling, retention, and transfer of cluster munitions.[1] The CCM will be opened for signature on December 3, 2008 (CCM, Article 15).
I. INTRODUCTION
On July 14, 2008, the Prosecutor of the International Criminal Court ("ICC", "Court") applied to Pre-Trial Chamber III of the Court for an arrest warrant against the President of Sudan, Omar Hassan Ahmad al-Bashir.[1] This is the first time that the Prosecutor filed charges against a sitting head of state.
Introduction
On June 12, 2008, the Supreme Court ruled against the U.S. government in cases brought by foreign nationals challenging their detention at the Guantanamo Bay, Cuba military facility.[1] A five-justice majority in Boumediene v. Bush held that the Military Commissions Act of 2006 (MCA)[2] violated the U.S.