International Law in Domestic Courts

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.

On March 5, 2007, the U.S. Supreme Court announced its opinion in Sinochem International Co. Ltd. v. Malaysia International Shipping Corporation,[1] one of only a few Supreme Court decisions to deal squarely with the doctrine of forum non conveniens. The Court held that federal district courts need not establish jurisdiction prior to dismissing transnational litigation on the basis of forum non conveniens.

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.

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.

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

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.

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.

Background

On September 12, 2006, the European Court of Justice (ECJ) sanctioned the decision of the European Community (EC) and member states to bring actions for damages against certain cigarette manufacturers in United States courts. The decision grew out of the companies' unsuccessful attempt to have the European Court of First Instance preclude any such lawsuits.

In Hamdan v.