Human Rights

A number of recent decisions have been issued by the European Court of Human Rights in Strasbourg (the "ECHR"), which are significant not only for their content, but for the broad scope of the subject matter addressed.(1) The ECHR provides European nationals, and others, a forum that transcends national court authority for adjudication of issues in instances where they believe their human rights, as guaranteed by the European Convention on Human Rights (the "European Convention"),(2) have been violated. 

 

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.

            On June 28, 2001, the Government of Serbia sent Slobodan Milosevic, the former president of Yugoslavia, to The Hague for trial on charges of crimes against humanity and war crimes.  The surrender of Milosevic complied with an international arrest warrant issued by a United Nations judicial body, the International Criminal Tribunal for the former Yugoslavia, headquartered in The Hague. Milosevic, a Serb nationalist leader, was indicted by the tribunal in May 1999 on allegations of murder and ethnic cleansing of ethnic Albanian civilians in Kosovo.

 

1)  Introduction

 

On July 28, 2000, the United Nations Economic and Social Council decided to establish, by consensus resolution, a "Permanent Forum on Indigenous Issues" as a subsidiary organ of the Council. ECOSOC Res. 2000/22 (available at: http://www.un.org/documents/ecosoc/dec/2000/edec2000-inf2-add2.pdf, pp. 50-52).

2)  Significance

 

In a landmark decision which develops international humanitarian law pertaining to sexual violence and enslavement, Trial Chamber II of the International Criminal Court for Yugoslavia (ICTY) on February 22, 2001, sentenced three ethnic Serbs to prison for their abuse of women at a "rape camp" near Foca, a small Bosnian town southeast of Sarajevo.[1]  Dragoljub Kunarac was sentenced to 28 years, Radomir Kovac 20 years, and Zoran Vukovic 12 years.