Use of Force, and International Humanitarian Law

Australian Detainee Pleads Guilty before the First Military Commission

Recently, David Hicks, an Australian interned for over five years in Guantanamo Bay, became the first individual sentenced under the newly-constituted Military Commission process. Hicks pleaded guilty to one count of intentionally providing material support to al-Qaeda in the context of an armed conflict against the U.S.[1] and will be repatriated to Australia to serve a further nine months of imprisonment.

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Volume: 
11
Issue: 
11
Author: 
Dr. Stephen Tully
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World Court finds Serbia Responsible for Breaches of Genocide Convention, but Not Liable for Committing Genocide

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").

Topic: 
Volume: 
11
Issue: 
9
Author: 
J. Morgan-Foster & Pierre-Olivier Savoie
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D.C. Circuit Upholds Constitutionality of Military Commissions Act Withdrawal of Federal Habeas Jurisdiction for Guantanamo Detainees

On February 20, 2007, a divided panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an important decision in long-running litigation brought by detainees held by the United States at the Guantanamo Bay, Cuba military facility.[1] Disposing of a score of consolidated appeals involving 63 foreign nationals, the two-judge majority in Boumediene v.

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Volume: 
11
Issue: 
8
Author: 
Andrew Kent
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The Situation in Darfur: Prosecutor's Application under Article 58(7) of the Rome Statute

On February 27, 2007, the Office of the Prosecutor (Prosecutor) at the International Criminal Court (ICC) applied to the Pre-Trial Chamber I (Chamber) for summonses to appear against Ahmad Muhammad Harun, Sudan's former Minister of State for the Interior, and Ali Kushayb, a Janjaweed leader in West Darfur.[1] The Application contend

Topic: 
Volume: 
11
Issue: 
7
Author: 
Kevin Jon Heller
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ICC Confirms Charges against DRC Militia Leader

On January 29, 2007, the International Criminal Court (ICC) Pretrial Chamber I (Chamber) issued its confirmation of charges decision in the case of Prosecutor v.

Topic: 
Volume: 
11
Issue: 
6
Author: 
Jason Morgan-Foster
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Six-Party Talks Produce Action Plan on North Korean Nuclear Disarmament

On February 13, 2007, the governments taking part in the fifth round of the Six-Party Talks concerning nuclear disarmament of North Korea released an action plan designed to lead to the denuclearization of the Korean Peninsula (February 13 Action Plan).[1] China, Japan, Russia, South Korea, the United States, and North Korea (formally called the Democratic People's Republic of Korea, or DPRK) agreed to specific initial actions and timetables that support the obje

Topic: 
Volume: 
11
Issue: 
5
Author: 
Christopher J. Le Mon
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Outcome of the Sixth Review Conference of the Biological Weapons Convention, November-December 2006

Introduction

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Volume: 
11
Issue: 
3
Author: 
David P. Fidler
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European Court Rules on UN and EU Terrorist Suspect Blacklists

In a number of recent judgements, the European Court of First Instance (CFI) has considered actions seeking annulment of two European Community measures adopted pursuant to different counter-terrorism regimes established by the United Nations Security Council. A Community Regulation transposing the sanctions regime created by Security Council Resolution 1267 (1999) into Community law and directly linked to the list maintained by the UN Sanctions Committee has only been subjected to limited review.

Topic: 
Volume: 
11
Issue: 
1
Author: 
Chia Lehnardt
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Australian Inquiry into Corporate Responsibility for Complicity in Efforts to Manipulate Humanitarian Exceptions to Security Council Sanctions Regimes

In September 2005, the UN Independent Inquiry Committee ('IIC' or 'Volcker Inquiry

Topic: 
Volume: 
10
Issue: 
35
Author: 
Stephen Tully
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The Iraqi High Tribunal's Dujail Trial Opinion

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.

Topic: 
Volume: 
10
Issue: 
34
Author: 
Michael P. Scharf & Michael A. Newton
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