Human Rights
Prosecutor v. Brima, Kamara, and Kanu: First Judgment from the Appeals Chamber of the Special Court for Sierra Leone
I. Introduction
Saadi v Italy: European Court of Human Rights Reasserts the Absolute Prohibition on Refoulement in Terrorism Extradition Cases
On February 28, 2008, the Grand Chamber of the European Court of Human Rights (ECtHR) handed down its judgment in Saadi v Italy.[1] In this case, Italy and the United Kingdom (as third party intervener) claimed that the climate of international terrorism called into question the appropriateness of the ECtHR's existing jurisprudence on states' non-refoulement obligation under Article 3 of the European Convention on Human Rights (European Conve
Prosecutor v. Ramush Haradinaj et al.: The International Criminal Tribunal for the Former Yugoslavia and the Threshold of Non-International Armed Conflict in International Humanitarian Law
On April 3, 2008, Trial Chamber I (Trial Chamber) of the International Criminal Tribunal for the former Yugoslavia (ICTY) delivered the judgment in Prosecutor v.
Medellin v. Texas: Supreme Court Holds ICJ Decisions under the Consular Convention Not Binding Federal Law, Rejects Presidential Enforcement of ICJ Judgments over State Proceedings
On March 25, 2008, the U.S. Supreme Court decided Medellin v. Texas,[1] a case in which a Mexican national on death row in Texas challenged his conviction on the basis that he was not afforded his right of consular notification under the Vienna Convention on Consular Relations (VCCR). In a 6-3 decision, the Court held that the 2004 decision of the International Court of Justice (ICJ) in Mexico v.
Kosovo's Declaration of Independence: Self-Determination, Secession and Recognition
Introduction
Spanish Supreme Court Affirms Conviction of Argentine Former Naval Officer for Crimes Against Humanity
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.
Accountability of Private Security Contractors under International and Domestic Law
On September 16, 2007, security guards employed by Blackwater USA (Blackwater) fired on a crowd in Baghdad's Nisour square, killing 17 people. At the time of this incident, Blackwater was under contract with the U.S. Department of State to provide security for U.S. diplomats in Iraq. This incident triggered controversy in Iraq, the United States, and the international community concerning what law applied to Blackwater's actions and to the actions of other private security contractors (PSCs) hired by the United States to provide services in Afghanistan and Iraq.
The UN Security Council Marks Seventh Anniversary of Resolution 1325 on Women, Peace and Security with Open Debate
Introduction
Canadian-made Drugs for Rwanda: The First Application of the WTO Waiver on Patents and Medicines
On July 17, 2007, Rwanda notified the World Trade Organization's (WTO) Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) that it plans to import the HIV-drug TriAvir from the Canadian company Apotex and will not enforce any patents granted in that respect in Rwanda.[1] Two months later, Canada issued a compulsory license allowing Apotex to use nine patented inventions for manufacturing and exporting TriAvir to Rwanda.