Use of Force, and International Humanitarian Law

When the Yugoslav government refused to sign the American-drafted peace accord for Kosovo, and after repeated warnings to Yugoslavia, NATO forces have begun an aerial bombing campaign against Yugoslav military targets. The question arises whether international law permits the use of armed force against Yugoslavia under these circumstances. 

According to news reports, General Augusto Pinochet has been indicted in Chile on kidnapping charges arising out of the disappearance of 19 political opponents in the first months of his rule in Chile, which began in 1973.  In August 2000, the Chilean Supreme Court had removed his immunity from prosecution under Chilean law.

 

I. Introduction

Introduction

 

The United Nations and Sierra Leone are about to establish a hybrid international-domestic Court to prosecute those allegedly responsible for atrocities in the Sierra Leone civil war. This will be the third ad hoc international criminal court to be created by the United Nations over the last decade, following the establishment of the war crimes tribunals for the former Yugoslavia (ICTY) in 1993 and Rwanda (ICTR) in 1994.

 

Background

 

On February 3, 2000, a court in Senegal indicted Hissène Habré, the head of state in Chad from 1982 to 1990, for presiding over a pattern of torture during the period of his rule in Chad.  Habré fled from Chad to Senegal after being overthrown in 1990.  He has lived in Senegal since then.

The case is similar to, but not the same as, the proceedings in the United Kingdom aimed at the extradition of former Chilean head of state Augusto Pinochet to Spain for prosecution on charges of presiding over systematic torture in Chile while he was in power there.