Human Rights Groups to Monitor Madonna's Adoption of Malawi Boy
A High Court of Malawi has ruled that the Human Rights Consultative Committee and Malawi Human Rights Commission can join the adoption process of Madonna and Guy Ritchie as friends of the court. They may also push for a full judicial review of the interim custody order that has been granted to the Ritchies. The Ritchies' lawyer said that Madonna and her husband have no problems with the ruling. Meanwhile, the boy's biological father hopes that the high profile case will make it easier for foreigners to adopt Malawi children. "In Malawi, there are to many underprivileged children, most of them orphans. I appeal to rich people with Madonna's kind heart to come and adopt these children," he said. For more, read on here.

I know that it seems to be a fad for celebrities to adopt children from third world countries, but I think it is great exposure. People need to understand that there are many parts of the world that need a lot of help, and I see nothing wrong with celebrities using their ability to attract attention as a way to shed light on these problems.

US Want Ban on Luxury Goods to N. Korea
The US is proposing a ban on exporting luxury goods to North Korea. These items are used by the leader Kim Jong Il (picturedto feed not only his appetite, but those of high ranking officials as well. Meanwhile, North Korea citizens continue to suffer from poverty and avoid famine only via foreign aid. So far international embargoes have been ineffective in producing change. Jong Il is still able to import just about anything he pleases. The US feels that this would be a win-win situation because it attacks only those in Jong Il's inner circle and not the common North Korean. I doubt it will have much success, as Jong Il will still be able to bring in whatever he wants, someone will sell it to him no matter what sort of laws there are against it. Still, I suppose it is a nice symbolic move. For more, read on here.

Supreme Court Considers Global Warming Case
The US Supreme Court is currently hearing arguments on the case of Massachusetts v. Environmental Protection Agency, et al. that could have an effect on international environmental law and US foreign relations. The case is essentially an argument that the US should consider greenhouse gases to be air pollutants that must be regulated. Browse through the transcript of the hearing yesterday (linked above) and you will see that the Justices are wondering what effect their ruling would have on international agreements in the future. I think this could be a very important decision because the Bush administration has been moving away from the international consensus that global warming is a problem (see the overwhelming number of countries that have ratified the Kyoto Protocol), or at least one we are willing to take serious action on (see US position on Kyoto for example). We are all in this world together, so we should do our part to help. This decision could force us into action. For more about the case read on here and here.

The Hybrid Lebanese Tribunal
In the last week or so I have made several posts about the special tribunal investigating the death of former Lebanese Prime Minister Hariri (see: here and here). Transnational Law Blog has a really interesting post about the hybrid model being used for the tribunal and the possible resulting debate over due process. Do yourself a favor and check it out here.

UN Commissioner On Middle East Violence
After a recent trip to the Middle East UN High Commissioner for Human Rights Louise Arbour reports "the human rights situation in the occupied Palestinian territory is grave and worsening, within a general climate of impunity." She also said that Israel has a right to defend itself but must do so "in accordance with international human rights and humanitarian law." There are questions about whether or not Israel violated international law in an attack on the town of Beit Hanun that left 19 Palestinian civilians dead. A fact finding-mission will look into the incident. For more read on.

Update: Vojislav Seselj Hospitalized
Serbian war crimes suspect Vojislav Seselj was hospitalized today. He has been on hunger strike for over two weeks protesting his ICTY trial ("Serbian Refuses to Appear at ICTY Hearing"). The AP has more here.

NATO to "Step Up" Afghanistan Operations
NATO members agreed at a meeting in Latvia to strengthen NATO forces in Afghanistan by removing limited rules of engagement. They also agreed to provide more aircraft, helicopters, soldiers and training for the Afghan National Army.

Additionally, NATO leaders discussed the rebuilding effort, including a call for proposals of a Contact Group and the urging of more cooperation between NATO, the UN, the EU, and the World Bank.

Lastly, the topic of potential new members, such as Serbia, Bosnia-Herzegovina and Montenegro, was covered. Leaders debated whether or not to expand out of Europe and include countries such as Australia, New Zealand, Japan and South Korea.

The AP has more details here.

Leftist Elected Ecuadorian President
Rafael Correa (pictured in AFP Photo) was declared the winner of Ecuador's Presidential race recently. He is a friend of Hugo Chavez, the Venezuelan President that called US President Bush "the devil" in a UN speech in September. The result weakens US influence in the region as Correa stated he would oppose a free-trade agreement with the US and will not renew the lease for a US airbase. Correa said, "we respect international treaties, but in 2009, when the Manta agreement expires, we will not renew it."

The Latin American region will be a very interesting place to watch over the next few years as quite a few countries have leftist leaders now. TIME has a neat article about the recent developments and what they mean here. For more on the Ecuadorian election, read here. Another article mentions that the airbase closing will end US counternarcotics operations in the region.

ICC Wants to Press On with Lubanga Case
Prosecutors are urging the ICC to confirm the war crimes charges against Congolese warlord Thomas Lubanga (read more about the case here and here). If the judges agree it is likely Lubanga will be the first person tried by the ICC. Lubanga's attorney claims that evidence is being withheld from him and that this is a political case. For some reason I do not buy that Lubanga is innocent of the charges, there is just too much riding on this first case for the ICC. I cannot fathom the Court setting itself up for failure right off the bat, it would play into the hands of its detractors. For example, the US has relaxed its stance on the ICC a bit, but the Nethercutt Amendment still punishes those that have signed the ICC treaty but not bilateral immunity agreements with the US (see a list of countries which have signed BIAs as of August). Reuters has more on the Lubanga case if you are interested.

EU Countries Knew of Secret US Prisons
A new report shows that many EU countries "co-operated passively or actively (with the CIA)" in transporting or detaining terror suspects. There are at least 18 "extraordinary renditions" cited in the report. BBC has more on the story here, and you can read the report for yourself here (Hosted by The Jurist). Several lawsuits are already active in connection with these renditions and, if successful, I imagine we will see quite a few more. If it is found that these suspects were in fact tortured, I hope criminal punishment of those responsible follows.

Pinochet Indicted For Executions
Just days after taking political responsibility for the actions of his regime, General Pinochet has been indicted for the executions of two bodyguards of the toppled President Allende in 1973. He was originally ruled too ill to stand trial, but last year the Supreme Court of Chile said he was fit. I am not sure if Pinochet will live long enough to be found guilty, but I always applaud efforts to try human rights violators because of the deterrence effect. For more, read the AP article.

Israel Willing to Swap Prisoners for Soldier
Israeli Prime Minister Olmert said that Israel is prepared to return many Palestinian prisoners in exchange for captured soldier Gilad Shalit (pictured). I really do not feel this is a good idea for Israel to swap a bunch of prisoners for one soldier, and apparently Olmert felt it was a "major mistake" a few months ago. I am not sure what changed, maybe political pressure? Either way, it just seems like a dangerous precedent. Well, I take that back, Israel and Hezbollah made a similar swap just two years ago. Palestinians apparently took note of that and decided to try it themselves. So I guess I am left to wonder what is to stop any of Israel's enemies (and they have many) from kidnapping soldiers to achieve their goals?

Australian Co. Paid $224 Million to Hussein in Kickbacks and Bribes
A report investigating the UN food-for-oil program was released today and showed that Australian company AWB had paid Hussein in a scheme designed to deceive the United Nations. AWB initially withheld thousands of documents and its lawyers made false statements. The investigation turned up that several other companies may have worked with the AWB to hide the payments. It is a disgusting tale of corporate greed and the power of the dollar, read it in full here.

Hussein Anfal Trial Continues
Saddam Hussein's genocide trial for the killing of up to 180,000 Kurds in 1987-88 is under way again after a two week break. Many of those deaths are believed to be a result of gassing, but Monday a witness testified that Iraqi soldiers lined Kurdish villagers in a trench and just started shooting. Iraqi authorities are hopeful they will finish the trial before is executed as a result of his sentence for crimes against humanity from a previous trial. I think they should ensure that the execution is delayed until the completion of this trial and any appeal that may follow. Iraq should try to give as much legitimacy to the trials as possible and give all the victims and their families justice. Saddam's responsibility for the heinous acts needs to be proven in a court of law, otherwise the world could end up with another Milosevic situation. For more on Hussein's trial, read on here.

Pinochet Takes Responsibility
In a prepared statement read at his birthday yesterday, General Pinochet took responsibility for the acts of his administration from 1973-1990 that includes thousands of killings, torture and false imprisonment. He faces many charges in connection with human rights violations, but the courts are not pursuing the cases because of his poor health. I think that it is great that he is finally admitting fault, but I still do not like that he gets to enjoy his final days in freedom. You can read more here. Frightening to think that the US, specifically the CIA, aided him at times.

Turkish Prosecution Could Hinder EU Chances
Two Turkish Christians recently went on trial for insulting "Turkishness" and disparaging Islam. The men were apparently trying to convert Muslims, a dangerous undertaking in this majority Islamic country. Turkey's Article 301 which prohibits denigration of "Turkishness" is highly controversial, as it has been used against many journalist and intellectuals, including a recent Nobel Prize winner (although those charges have since been dropped). Officials have demanded that the law be changed if Turkey is to join the EU. For more, read on here.

Rwanda Breaks Diplomatic Ties with France
Following Tuesday's accusation by a French judge that Rwandan President Kagame (pictured) should be tried for the death of former Rwandan President Habyarimana that led to the Rwandan genocide, Rwanda has decided to end diplomatic relations with France. Rwanda says that France is "trying to bring down its government." Meanwhile, Rwanda has launched an investigation into France's possible involvement with the genocide. President Kagame has immunity from French prosecution, but could be tried by the UN's ICTR. Get more information here.

Hariri Panel to Investigate Gemayel Assassination
A UN panel recently formed to investigate the 2005 murder of former Lebanese Prime Minister Hariri has agreed to investigate Tuesday's killing of Lebanese Industry Minister Pierre Gemayel. It will be very interesting to see if any hard evidence implicating Syria in the string of Lebanese assassinations can be found. Read on here.

Belarus, Myanmar Cited for Human Rights Abuses
A UN panel approved draft resolutions that reprimand the two countries for rights abuses. The resolutions follow controversy about public chiding as a double standard because of abuses by more powerful countries such as the US (Guantanamo, Abu Ghraib). Reuters has more here.

Serbian Refuses to Appear at ICTY Hearing
Vojislav Seselj, a war crimes suspect, refused to appear at his hearing yesterday. He cited weakness from a hunger strike as the reason. Seselj has refused to eat since last week because he wants copies of court documents, visits with his wife and the right to act as his own counsel. Seselj would also like the ICTY to dismiss his court appointed attorney. For more, read on here.

Judge Wants Parmalat, Banks to Settle
A US district court judge in New York is giving Parmalat, an Italian company, until December 31 to negotiate a settlement with Citigroup, Bank of America, Deloitte & Touche and Grant Thorton in a dispute over accounting fraud. Parmalat declared bankruptcy in 2003 after declaring they had discovered a huge discrepancy in their books. They have sued their former banks and auditors, and have been countersued for alleg Parmalat also has several cases pending in Italy With the increase of globalization, transnational litigation will only increase, so it is always interesting to me to see how these cases are dealt with. If you would like to read more, check out the story here.

"Superpower Fatigue"
There is an interesting article in the NY Times this morning about the weakening of the Bush agenda. The article cites the problems in Iraq and a poor Asian trade strategy as two of the main factors.

I think this is related to the loss of American influence in international law I mentioned a few days ago (here and here). Bush's declaration to the world that "you are either with us or against us" following 9/11 was an attempt to bully nations into doing what we wanted. Many say that the best way to deal with a bully is to just walk away and ignore him. Well, it looks like that is exactly what many countries have decided to do and they are learning that they can do just fine without us. The ICC is a great example, as the US has tried to undermine the Rome Statute and the ICC for years now, but it is currently holding its first trial anyway. Hopefully Washington will learn that the world does go on without us and that we should try work with other countries, not just try to tell them what to do.

Turkey to Ignore EU Deadline
In a move that surely cannot help their bid to join the EU, Turkey announced they will not meet the deadline imposed by the EU to open its ports to Cyprus. Turkey's refusal is a result of an EU embargo against the northern part of the island which Turkey alone recognizes as being a part of Turkey (Check out the history of the Turkey-Cyprus conflict here). The EU has offered to take control of the area and open trade, but Turkey has declined that proposal as well. This latest move, in combination with the Armenian genocide issue, makes it less and less likely that Turkey will make it into the EU anytime in the near future. Add in the fact it is a largely Muslim country outside of what is typically considered "Europe" and I just do not see it happening. You can read more here.

Reno Challenges Habeas Corpus Denial
Former Attorney General Janet Reno has joined several other former Justice Department officials in arguing against the Bush administration's handling of the Al-Marri case. Their main gripe is that Al-Marri is being held indefinitely without access to civilian courts. Al-Marri is to be tried by a military commission, which may not be a fair forum.

I agree with Reno that this latest development is a dangerous precedent. I understand terrorism is a serious problem and that we must take steps to combat it. However, I do not feel that we should do so at the expense of basic rights and protections that have been around since the founding of this country. For more, check out the story here.

Note that the changes to the MCA are being sought via new legislation.

Saddam Trial Deemed "Unfair"
Human Rights Watch has released a report which calls the outcome of Saddam Hussein's crimes against humanity trial unsound because of procedural and substantive flaws. Nehal Bhuta, the author, said "the tribunal squandered an important opportunity to deliver credible justice to the people of Iraq." This trial was the first of its kind since Nuremburg, where the US insisted on fairness and credibility. I can only hope that the findings of this report are skewed and that the trial was not carried out unfairly for political gain. Read more here and here.

Report Cites 3 Mexican Presidents for Crimes Against Humanity
A report by a special prosecutor says that three Mexican Presidents are responsible for crimes against humanity from the 1960s through the 1980s. Only one of the implicated Presidents are still alive, Luis Echeverria (pictured). In July genocide charges against him were thrown out with a federal judge citing that the 30 year statute of limitations had run. For more, check out this AP story.

US - Russia sign WTO Agreement
The US and Russia signed an agreement today that ends Russia's thirteen year struggle for admittance into the WTO. Both sides feel the agreement will benefit them. Check out the story if you wish to know more.

Chertoff on International Law
Opinio Juris has an interesting piece about a speech Homeland Security Secretary Michael Chertoff gave last week in which he said "international law is being used as a rhetorical weapon against us." It was essentially a call for a more conservative approach to international law. For more, check out the post and the Reuters article.

I read the article and this part stuck out to me:

Chertoff said the U.S. Supreme Court decision on Guantanamo prisoner Salim Ahmed Hamdan that required the United States to treat detainees under Geneva Conventions standards showed international law's entry into the U.S. domain.

I do not understand why Chertoff would be so surprised the Supreme Court said that the Geneva Conventions apply to the US. The Constitution gives great weight to treaties, not liberal judges or judicial activists or whatever else you want to call them. We signed the Geneva Conventions and ratified them in 1977. Why the shock now that we actually have to follow the laws we enact?

TX Court Says Bush Exceeded Authority
In a recent decision the TX Court of Criminal Appeals stated that President Bush had "exceeded his constitutional authority by intruding into the independent powers of the judiciary." The case, Ex parte Medellin, involved a Mexican national and who was not informed of his right to speak with a Mexican consular official after his arrest for murder and rape. This right comes from the Vienna Convention. In 2004 the International Court of Justice issued an opinion in a case brought by Mexico against the US, Case Concerning Avena and Other Mexican Nationals. The ICJ held in that case that the US had violated the Vienna Convention by not timely notifying Mexican nationals awaiting execution that they had a right to speak with a consular official. Bush then issued a memo directing courts to follow the decision. The TX Court held however that they were "bound by the Supreme Court's determination [in Sanchez-Llamas v. Oregon] that ICJ decisions are not binding on United States courts." The court also held that the President cannot tell "the judiciary what law to apply or how to interpret the applicable law." Additionally, without congressional ratification of his memo, President Bush "exceeded his inherent constitutional foreign affairs authority by directing state courts to comply with Avena."
There is a lot more going on then I can explain here, so check out this story for details on the case and this for more details on the relevant legal decisions.

Guantanamo Tribunals: Show Trials?
A recent report out of Seton Hall School of Law says that the Combatant Status Review Tribunals conducted by the US military in Guantanamo are not real hearings, but rather "shams". A Pentagon spokesman responded that these tribunals are part of an administrative process and "not intended to determine guilt or innocence." Read on for an overview of the report findings and the government's reaction. The data does suggest to me that the accused are not getting a fair opportunity to challenge the allegations against them, but what else would you expect from a government that has revoked habeus corpus and has held captives for years without charges?

Dutch Promise to Ban Burquas
Legislation to ban the wearing of full-length veils and other facial coverings in public was announced yesterday by the Dutch government, following through with a promise to work around religious freedom laws. Stay tuned, I am sure that there will be a lot of discussion and controversy surrounding this decision. The AP has more here.

More Darfur Attacks, No More UN Troops?
I wrote yesterday about a "breakthrough" in UN-Sudan talks that would allow UN troops into the Darfur region. However, it appears as if there is still some debate not only on the number of troops, but whether or not UN troops will actually be allowed in at all. Lam Akol, Sudan's Foreign Minister, said after the announcement that "there should be no talk about a mixed force" and that no UN troops would be in Darfur. Meanwhile, the African Union, which has a small peacekeeping force in Darfur, has said that the Sudanese government is supporting new attacks by the Arab Janjaweed milita in Darfur. The government denies that they are backing the militia, although they have not commented specifically on the latest attacks. For more, read on here.

US Off UN International Law Commission
Well, for the first time since the Commission's founding in 1947 the US will not have a seat in the group. I am not sure if anyone out there read what I wrote yesterday in regards to the US losing its influence on international law, but this is exactly the kind of thing I was worried about. I believe this is a direct result of our recent disregard for the ICC, Geneva Conventions and well, just about anything related to international law. For the results, check out the UN's site.

Changes to Military Commissions Act?
Democratic Senator Chris Dodd has introduced a bill to amend the Military Commissions Act of 2006. Some of the changes he is seeking are the restoration of habeas corpus, a narrowing of the definition of unlawful enemy combatant and limitation on the President's authority to interpret the Geneva Conventions. Please do yourself a favor and head over to "Exploring International Law Blog" and read Senator Dodd's remarks. I think he is dead on in much of his reasoning, including this excerpt:

I strongly believe that terrorists who seek to destroy America must be punished for any wrongs they commit against this country. But in my view, in order to sustain America's moral authority and win a lasting victory against our enemies, such punishment must be meted out only in accordance with the rule of law.

ADDED: For more about the Military Commissions Act and International Law check out ASIL.

Kyoto Protocol to be Reviewed
An agreement was reached today at UN climate talks in Kenya. A review of the Protocol will take place and end in 2008. This agreement follows an impasse between the the 70 environmental ministers on how to decide the effectiveness of the Protocol. I would really like to see the US takes environmental issues more seriously and it appears the recent elections may help. Democrats are currently pushing President Bush to reduce greenhouse gases. However, they still face Bush's stance that there is no need regulate industrial carbon dioxide, a position he has taken since 2001.

UPDATE: Even Senator McCain thinks Bush's global warming position is ridiculous. "They're simply not complying with the law. It's incredible."

Sudan Conflict Expanding?
Reuters reports Chad is now considering sending troops into the Central African Republic to help fight an invasion by Sudanese rebels. The UN really needs to get troops into this region fast before it turns into a full blown war between three countries. The violence on the Chad-Sudan border is already similar to that of Darfur and is only escalating.

"Breakthrough" in Sudan
For the first time the Sudanese government has agreed to allow UN troops into the Darfur region. The number of troops however is still a source of debate, with UN Secretary-General Annan stating there will be 17,000 troops and 3,000 police, but Sudanese officials putting the number closer to 11,000-12,000. While there is obviously some more negotiations in store and some time before UN troops will actually be in Darfur, I think this is a great step. Thus far, the Sudanese government has been very reluctant to allow anyone but the underfunded and undersized African Union force into Darfur. This AU group has been unable to prevent atrocities which are occurring daily. Now the AU force will mix with the UN and hopefully be able to finally wind down this conflict that has left 200,000-400,000 dead and many more maimed, raped, and homeless. Reuters has more here. And if you don't know much about what is happening over in Darfur, please take the time to educate yourself by reading here. It is really disturbing that such acts are still taking place in the wake of the events in the former Yugoslavia and Rwanda. So much for "Never again."

International Criminal Law and the Future
I attended a talk today by Professor Gerald Reamey who spoke on the topic of: "The Winding Road from Nuremberg to The Hague: How America Became Estranged from its Own Creation in the Pursuit of International Criminal Justice." He began with the Nuremburg Trials which he called "a high water mark for our country." It was this post-WWII tribunal, along with the Marshall Plan, that helped establish the US as a high moral authority. The British wanted to summarily execute the Nazi leaders, feeling the evidence was obvious and abundant, while the Russians wanted to use show trials with a predetermined outcome to give the appearance of fairness. It was the US, spearheaded by the thinking of Justice Jackson, that pushed for a legit tribunal. Nuremburg of course went on to set the stage for later war crimes related tribunals.

There was widespread agreement after WWII that a permanent criminal tribunal should be established, but for a long time these efforts were stifled by the Cold War and Russia's veto power on the UN Security Council. While the end of the Cold War eventually came the Rome Statute, a treaty which established the International Criminal Court. The ICC has jurisdiction over the most serious crimes: genocide, crimes against humanity, war crimes, and crimes of aggression. Initially the US was a principal actor in the Court's creation, if not the driving force. The Statute entered into force in 2002, but the US is not a signatory to the treaty. President Clinton signed it in his final days of office, but then President Bush 'unsigned' it. The US cites fears "that its soldiers and government officials could be subjected to politicized prosecutions." The US has been a fundamental contributor to customary international law and a driving force in many treaties. Now we see the US pulling back from the international community, even reneging on treaties we have already signed and ratified. Also, the recently passed Military Commissions Act essentially prohibits judges from considering international sources in interpreting the Geneva Convention.

This withdrawal from the international regime of law is unusual and in my opinion disturbing. I feel that by not participating in this ever-changing area we risk losing our influence on the future of international law. I also think we are beginning to squander some of the good will and moral authority that people like Justice Jackson fought so hard to build.

A special thanks to Professor Reamey for sharing his knowledge.

UPDATE: Maybe we are beginning to lose our influence after all...

Italy Battles Getty Museum
Italy is in a dispute with the Getty Museum in Los Angeles over art pieces that Italy claims were exported illegally, including Morgantina Venus (pictured). Getty has returned some, but is refusing to return the rest, resulting in an artistic "embargo" on the museum. The former curator of the museum is facing criminal charges in Italy in connection with the art pieces. Shady international art dealings, Los Angeles, Italy, sounds like the plot for Ocean's Thirteen. For more check out the story here.

UN International Day of Tolerance and Jedi? (Photo credit: The Sun)
Today is the UN International Day of Tolerance, a day to focus "the world's attention on tolerance as an essential condition for peace, democracy and sustainable development." In a prepared statement, UN Secretary-General Kofi Annan noted the disturbing "rise in intolerance, extremism and violence across our world." He went on to say that we must defeat such evils through law and education. Annan also stated that "The right to freedom of religion -- and to freedom from discrimination based on religion -- has long been enshrined in international law, and incorporated into the domestic law of many countries." In keeping with this principle, several "Jedi knights" descended upon London's UN headquarters today to urge tolerance of their Jedi faith. Jedi Umada (aka John Wilkinson) said that they are the fourth largest religion in the UK and would like the day to be changed to "Interstellar Day of Tolerance." No word yet from the UN on this proposal. Check out the full story here. No, seriously, go read it, one of the guys went as Chewbacca and spoke "via translator." UPDATE: I knew it was too good to be true, it appears this was just a publicity stunt for globaltolerance.com: "an award winning public relations consultancy and media training company for all organisations that have a positive social message they wish to spread through the media." I liked it better when I just thought it was a couple of yahoos.

International Organization for Migration Expelled from Sudan?
The government of South Darfur has reportedly told the refugee group IOM that they must leave because they have been discouraging refugees in camps from returning home. Just last week the Norwegian Refugee Council said it was forced to leave as well due to interference from the government. There are some questions about whether IOM is leaving or not though, as an IOM spokesman said they have not been expelled. Stay tuned. I can only hope that IOM can stay, the Sudan needs all the help it can get at this point. The story is here. For more on the IOM check out their site. And while you're at it, check out the Norwegian Refugee Council.

Inside the NADBank

This is not really a post about news or a case, but just a little inside into the world of international organizations. Today I attended a tour of the North American Development Bank located in San Antonio, TX. The NADBank is an international organization which helps finance environmental projects near the US-Mexico border. Each government has made a 50/50% capital contribution. Our tour guide was the general counsel for NADBank, Lisa A. Roberts. She was extremely knowledgeable in public international law having been with NADBank since its inception in 1993, helping to draft its charter and then in her current position.

The NADBANK is unusual in that it shares a charter with a sister organization BECC, but they are two distinct legal organizations. Also, NADBank and BECC originally had separate Boards of Directors, but now share a common Board. She said that the two groups will always remain separate because of politics. The NADBank was "given" to San Antonio because of their great support of NAFTA, and even though it makes sense to merge NAFTA and BECC, BECC is located in Juarez. Neither city wants to lose their organization, so you will never see it happen.

She shared some other interesting things in regards to how political international organizations are forced to be. For example, the Bank itself was only established to win Democrat votes to pass NAFTA. The Democrats had a lot of environmental concerns and thus the Bank was formed to help fund environmental projects along the US-Mexico border.

Then a few years ago their were rumblings from both the US and Mexico that the NADBank would be done away with and they were forced to get involved by convincing both sides. It turned out that the main proponent was a Mexican official on his way out of office that had no other reason than he did not like Development banks and thought Mexico should not be involved in any.

Another interesting thing Ms. Roberts told us was that in her position she does not handle a lot of the domestic law issues. She defers to local counsel in the border states and in Mexico for those issues. She is more of a manager and delegator. Most of the day-to-day things she does are focused on the internal aspects of the organization.

Lastly, she told us that one of her favorite things was using the privileges and immunities of the organization to tell a US agency (the EEOC) that they had no jurisdiction to hear an employee complaint. Like most international organizations, the NADBank has its own grievance procedure.

I hope that at least some of this information is new to you and gives you a better idea of the inner workings of an international organization. I know I left there with a much different picture of what an "international lawyer" does and how international organizations function in our society.

EU Approves Suez-GDF Merger
The EU has approved a merger between French energy giants Suez and Gaz de France (GDF). There had been a lot of opposition because the French government owns 70% of GDF, but they will be forced to reduce their holdings to 33%. The move came in response to a hostile takeover bid by Italy's Enel which angered Italian officials, but no wrong doing was found. The new merger will also have to sell off holdings in Belgium because of fears they would dominate the Belgian market. For all the details, read on here.

South Korea Won't Back US Plan to Board North Korean Ships
South Korea has refused a US request that it board North Korean ships to check for materials related to weapons of mass destruction. South Korea sites concerns with a potential war and economics. They say they are meeting the UN sanctions by screening trade and will withhold 80% of a planned $454 million in aid. For the full story, read on.

Joseph Kony far left, meets with UN envoy.
Photo by Stuart Price.

ICC Prolonging War in Uganda?
Opinio Juris has a post discussing an article in today's NY Times discussing a recent UN envoy visit with Ugandan rebel leader Joseph Kony. Kony has been leading rebels for about 20 years and is accused of turning girls into sex slaves and boys into soldiers among other things. The real kicker is that Kony is apparently ready to surrender, but is afraid to because he has warrants by the International Criminal Court for his arrest on charges of crimes against humanity. Uganda says it will drop the charges, but that he must surrender first. So around and around they go. With peace so close, hopefully the charges can just be dropped and Kony allowed to surrender. You can read more about Kony's past here. Also, you can read about Kony's invite to four lawyers to discuss the ICC warrants here.

Operating a Business in China?
For anyone reading that just happens to be running a business in China, you might want to make sure you are registered, as authorities there are cracking down on unlicensed foreign businesses. Transnational Law Blog has more, including links.

Lebanon Supports UN Tribunal
The Lebanese Cabinet has agreed to UN plans for an international tribunal to try suspects accused of killing former Prime Minister Rafik Hariri. Hariri was assassinated February 14, 2005 in a massive explosion that is believed to be a suicide car bomb. The UN plans are still in draft form, so we will have to wait and see exactly what kind of tribunal they will use. It appears right now that it will likely be held outside of Lebanon using a mixture of Lebanese and international law and judges. It will be interesting to see if Syria is involved as the Lebanese believe.

South Ossetia Votes For Independence From Georgia
Over 99% of the 55,000 voters in the Georgian province of South Ossetia voted for independence Sunday. The vote is not being recognized by anyone, but it is expected to further strain the relationship between Georgia and Russia. South Ossetia officials say they hope this is the first step towards independence from Georgia and eventual reunion with Russia. Pro-West Georgia blames Russian interference for the vote. If nothing else, I would imagine South Ossetia just assured themselves of some budget cuts. For more on this story read on here.

Iran Seeks to Prosecute Argentinians for Seeking to Prosecute Iranians
Not to be outdone by efforts of Argentina to prosecute several Iranians they feel are responsible for a bombing that left 85 dead (see story below "Argentina Wants Former Iranian President for 1994 Bombing"), an Iranian prosecutor now wants to arrest those Argentinians for trying to arrest the Iranian suspects . Iran has denied that they were involved in the bombing and feel the Argentinian officials involved in the investigation should be arrested because it is a crime to make propaganda against Iran. Something tells me neither side will ever carry out these arrests. For more details check out the story here.

Algeria Urges French Recognition of Colonial Crimes
Algeria has again requested that the French government admit to crimes stemming from their days as colonial rulers of the North African country. Specifically, Algeria would like France to admit they massacred 45,000 Algerians that demanded independence following WWII in 1945. The following war for independence left 1.5 Algerians dead. The full story is here. The Jurist had a great point in regards to this, how can the French demand Turkey recognize their slaughter of Armenians during WWI when the French won't recognize their own murderous history?

New Protocol to Convention on Conventional Weapons
Protocol V to the Convention on Conventional Weapons goes into force today. The Protocol deals with the marking and removal of explosive remnants of war. Human Rights Watch has a story about it here in which they argue for more protections, including a ban on cluster bombs. I am all for anything that prevents the deaths of civilians, so I hope one day in the not too distant future we see such a prohibition.

Germany Denies Mistreatment of Terror Suspect
German officials denied in a new report that German special forces in Afghanistan abused Murat Kurnaz (pictured), a terror suspect that was released this year due to lack of proof he was in a terror organization. Kurnaz claims he was beaten by the soldiers before being transferred to Guantanamo. You can read a bit more about it here. Reuters had a story about this a few weeks back with more details on the alleged abuse that is now being denied. Not surprised with the outcome of the report, after all, how embarrassing would it be for Germany to have to admit they abused prisoners when they are getting ready to bring a case against Rumsfeld for abusing prisoners?

The International Criminal Court: Did They Pick the Right 1st Case?

Transnational Law Blog has a great piece about the ICC and Lubanga case which I mentioned on 11/04 ("Congolese Warlord Case to Begin Next Week"). There has been debate over whether or not this case should have been the 1st for the ICC and the Transnational article opines that it is a good first case. It also discusses the opposition of the US to the ICC, which I personally feel is ridiculous. If the US really fears the ICC, what does that say about the kinds of things we are doing around the world? Also, the belief that the ICC will just start trying Americans at will is false, as the ICC is a last resort court. I really hope to see the US take the lead in supporting the prosecution of war crimes and crimes against humanity. That obviously means we will have to clean up our act as relates to the "war on terror." This can no longer be used as an excuse to break customary international law.

Dutch Consider Ban on Muslim Dress

The Dutch government has announced their intention to seek out a way to ban the wearing of burqas and other Muslim veils in public. This will be a tricky thing as the government will have to work around its own religious freedom laws. I do not think it is a good idea and will only lead to more tension between the Netherlands and its one million Muslims, some of whom are sure to feel their rights are being suppressed. For more, read on here.

US Man Could Face Death Penalty for Selling Secrets to China
Noshir Gowadia of Hawaii recently pleaded not guilty to charges that he sold military secrets to China. He is accused of selling technology to help the Chinese created a stealth cruise missile. Gowadia potentially faces the death penalty if any American agents were killed as a result of the technology. Gowadia's son said that his dad insists he only discussed "basic, theoretical research information." Not sure what exactly that means, but apparently his definition of espionage differs from the US governments' and we all know whose definition will win out there. The full story can be found here.

Argentina Wants Former Iranian President for 1994 Bombing
A federal Argentine judge order the "international capture" of former Iranian President Hashemi Rafsanjani and 8 other men for the 1994 bombing of a Jewish center which killed 85. It is believed the Iranian government planned it and Hezbollah carried it out. Iranian officials do not appear interested in cooperating, as they feel the decision is a political one driven by the US and Israel. The AP has the details here.

30 Years for Rwandan Nun That Helped Genocide
In a really disturbing story, a Roman Catholic nun from Rwanda was sentenced by a Rwandan court to 30 years for turning over Tutsis to be slaughtered. She apparently outed several hundred who were seeking refuge in the hospital she worked in. Sadly she is not the first clergy member to be tried. I really cannot see how Christianity and genocide mix, but it just goes to show the level of hatred these groups had for one another. Check out the full story here.

US and Russia Reach Deal over WTO Accession
The two countries reached an agreement that should be signed November 18, finally bringing Russia into the organization. It is currently the largest economy not included in the 149 member group. One hurdle is that Russia has sparred with the country of Georgia, which is already a member of the WTO and like all members has a veto on new members. I suspect Georgia can be bought off with political favors or aid or something of the like. If you would like the details of the arrangement, check out the full story here.

11th Circuit Weighs In on Peru's Failure to Pay $5 Million Reward
Opinio Juris has a really interesting story about Guevara v. Peru which is about the failure of Peru to pay Guevara a reward promised for information resulting in the arrest of Vladimiro Montesinos. It raises sovereignty and commercial issues, with the Court basically saying that you have to honor the award or people will no longer provide the information.

Charges Filed Against Rumsfeld, other US Officials in Germany
Charges are to be filed with Germany's head prosecutor next week seeking an investigation and criminal prosecution of Rumsfeld, AG Alberto Gonzales, former CIA Director George Tenet and other officials for their part in the abuses at Abu Ghraib and Guantanamo. The plaintiffs are former prisoners and chose Germany because it has a "universal jurisdiction" law on the books for trying war crimes. A similar case was almost brought against Rumsfeld in 2004, but the US was able to bully them from following through. The German prosecutor said at the time that he was dropping the case because he thought the US was going to do its own investigation, but that has proven false. I actually hope they follow through with it this time, not because I want to see Americans found guilty of war crimes (although if the facts show it is warranted, they should be), but because it will at least show people around the world that if you commit war crimes you can be prosecuted. If a country such as Germany is willing to try Americans despite the obvious political hurdles I think it sends a clear message to others to fear the courts. TIME has the full story here. Also, here is an op-ed piece by the President of the National Lawyers Guild supporting the charges against Rumsfeld and company.

Zanzibar Bans Plastic Bags

Zanzibar, off the coast of Tanzania, has banned plastic bags in an attempt to protect their marine environment. Tourism drives their economy and the bags are apparently everywhere, causing both an aesthetic and environmental damage. Violating the law could lead to 6 months in prison and/or a fine of $2000. Local businessmen say the country will suffer from loss of plastic bags passing through their ports. For more, check out BBC News.

Palestinian Leader Offers to Resign for US Aid
Palestine Prime Minister Ismail Haniya has said he will resign if it will stop the withholding of Western aid. Haniya is a member of Hamas, considered a terrorist organization by most Western governments. "If we have to choose between the siege and myself, we must lift the siege and end the suffering," Mr Haniya said. BBC News has more here.

Bolton Doomed?

Yesterday I quipped about wordsmith John Bolton, US Ambassador to the UN. I have never been a big fan of his and it looks like I am not be the only one. The White House is still behind him however, as they nominated him again today. Bolton is currently on a temporary appointment which expires Jan. 2007 after Democrats blocked his nomination last year and Bush installed him with a recess appointment. It was an unpopular move and now that the Democrats have the power to ensure he is not reappointed I believe he will be out. I am really going to miss the moustache...

Panama Gets UN Security Council Seat

It only took 48 rounds, but Panama was voted in to the UN Security Council after Guatemala and Venezuela agreed to back out and end the stalemate. After failing to get US-backed Guatemala elected US Ambassador John Bolton was gracious in defeat saying "it's too bad Guatemala was not able to [win]." I guess relations between the US and Panama aren't very good right now? They had better watch out or maybe Bolton will threaten to take the Canal back. For more click.

Rwanda Request Extradition of Genocide Suspects from Britain
Four suspected architects of the 1994 genocide believed to be living and working in Britain are being sought for extradition. The men have changed their names making the process more difficult, but the UK Home Office has agreed to investigate the allegations. The British government requires that Rwanda agree not to seek the death penalty, which their laws currently provide for. Rwanda’s cabinet and ruling party have recommended it be abolished, as they realize many of the perpetrators of the genocide are living abroad and those countries would require a similar guarantee before extraditing. In case you’re wondering, these suspects would be tried in Rwanda, as the International Criminal Tribunal for Rwanda, set up to try genocide suspects, essentially has a full docket and is scheduled to finish up proceedings in 2008. For more check out the Reuters article.

Italian Prosecutors Still Trying to Extradite 26 Americans
Prosecutors in Milan have renewed their extradition request for 26 Americans, 25 of them CIA agents, for the alleged kidnapping of an Egyptian cleric in 2003. The cleric was a terror suspect and allegedly was flown out of the country as part of the believed rendition program where terror suspects were taken to different countries to be tortured. The AP has more here. Here is an older Washington Post story with more details. I hope the Italians follow through with this. If Americans were truly going about the globe snatching up suspects and torturing them they should be punished. I wonder how far up it would go?

Report: Palestinian Females Frequently Abused
A new report by Human Rights Watch says the Palestinian Authority has failed to adequately address violence against women and girls. Problems with abuse, rape and even murder have gone largely unpunished. A legal adviser to the PA President admitted authorities are "weak" in the area and cited "the security and political situation we have been through over the past two years." He suggests that all Palestinians are suffering right now, not just women. This still doesn't explain the statistics HRW cite in their report though. It appears that females are just a much lower priority in Palestinian culture.