Conflict Prevention and Mitigation / Post Conflict Reconstruction

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.

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Volume: 
12
Issue: 
1
Author: 
Richard J. Wilson
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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.

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Volume: 
11
Issue: 
31
Author: 
Laura A. Dickinson
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Counterinsurgency, Rule of Law Operations, and International Law

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.

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Volume: 
11
Issue: 
24
Author: 
David P. Fidler
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Russia Suspends CFE Treaty Participation

On July 14, 2007, Russian President Vladimir Putin signed a federal decree "On Suspending the Russian Federation's Participation in the Treaty on Conventional Armed Forces in Europe and Related International Agreements."[1] Beyond the political fallout, Russia's decree raises several questions about when a state can suspend its treaty obligations and the legal consequences that flow from such a suspension.

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Volume: 
11
Issue: 
19
Author: 
Duncan B. Hollis
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The Chemical Weapons Convention After Ten Years: Successes and Future Challenges

On April 29, 2007, the Chemical Weapons Convention (CWC)[1] marks the tenth anniversary of its entry into force. Along with the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the Biological Weapons Convention (BWC), the CWC forms an important part of the international law supporting disarmament and non-proliferation concerning weapons of mass destruction.

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Volume: 
11
Issue: 
12
Author: 
David P. Fidler
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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").

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Volume: 
11
Issue: 
9
Author: 
J. Morgan-Foster & Pierre-Olivier Savoie
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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.

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Volume: 
10
Issue: 
34
Author: 
Michael P. Scharf & Michael A. Newton
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German Criminal Complaint Against Donald Rumsfeld and Others

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.

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Volume: 
10
Issue: 
33
Author: 
Scott Lyons
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Acts of Non-State Armed Groups and the Law Governing Armed Conflict

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.

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Volume: 
10
Issue: 
21
Author: 
Jonathan Somer
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North Korea's Missile Firings

On July 4 and 5, 2006, the Democratic People's Republic of Korea (North Korea) test-fired seven unarmed missiles over the Sea of Japan.  One of them was a long-range missile, the Taepodong 2, which exploded and fell into the sea before it could complete its test flight.  If it had not gone down prematurely it is possible that it would have entered the airspace of Japan.

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Volume: 
10
Issue: 
18
Author: 
Frederic L. Kirgis
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