International Law Articles

U.S. Delay on Anti-Nuclear Terror Measures Hinders Global Efforts

By Miles A. Pomper, Kingston Reif
, on , Briefing

Two factors, among others, help explain the government’s decision to charge Boston Marathon bomber Dzhokhar Tsarnaev with the use of a WMD: The charge is seen by prosecutors as relatively easy to prove, and it can be punished by the death penalty. This highlights the irrelevance of a dispute in the U.S. Senate that is holding up important new anti-nuclear and anti-radiological terrorism legislation. more

Mali Conflict Reopens Debate on Detention of Terrorist Suspects

By Jonathan Hafetz
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Amid continuing international armed conflict with nonstate actors, including the recent French intervention in Mali, questions about the treatment of terrorism suspects arrested during military operations remain unresolved. The U.S. approach has made it easier to hold terrorism suspects without the burdens of a criminal trial but has also created the problem of prolonged, open-ended imprisonment. more

ALBA-Backed Proposals for IACHR Reform Could Undermine the System

By Mari Hayman
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Last Friday’s Organization of American States (OAS) General Assembly session showcased a push led by Venezuela, Ecuador, Nicaragua and Bolivia to reform the Inter-American human rights system, which they argue is biased in the service of U.S. interests. But their proposed reforms may serve at best to direct attention away from their own human rights records, and at worst to cripple the system altogether. more

Diplomatic Fallout: The Fading Dream of U.N. Security Council Reform

By Richard Gowan
, on , Column

Two years ago, Brazil, Germany, India and Japan gambled on a drive to win permanent seats on the United Nations Security Council, despite the failure of several similar initiatives over the past decade. This time, too, they were unable to secure a U.N. General Assembly resolution endorsing their hopes. The long-term consequences of the so-called G4’s most recent defeat could prove corrosive for the U.N. more

U.S. Rendition Program: First Steps Toward Accountability

By Jonathan Hafetz
, on , Briefing

A recent report by the Open Society Justice Initiative provides new insights into the “extraordinary rendition” program the United States operated after 9/11, revealing just how widely the program swept and which countries participated. The report raises important questions about both accountability for past human rights abuses and the future of U.S. counterterrorism policy under the Obama administration. more

Trial of Guatemala’s Rios Montt is Latin America’s Latest Step Away From Impunity

By Naomi Roht-Arriaza
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In January, a trial court decided to send former Guatemalan dictator Efrain Rios Montt to trial, making Guatemala the first Latin American country to put a former head of state on trial for genocide. The trial is part of an overall regional trend over the past decade toward prosecution and away from amnesty laws. Compared to a decade ago, Latin America has come a long way in the fight against impunity. more

For Kimberley Process, Next Challenge is Broadening Mandate on Conflict Diamonds

By Roxane Horton
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Since it was created in 2003, the Kimberley Process has been remarkably successful in reducing trade in conflict diamonds. In the 1990s, conflict diamonds were estimated to represent 15 percent of international trade. That proportion is now down to 0.1 percent. As it nears its 10-year anniversary, however, the process is grappling with its narrow mandate and a system that requires unanimity in decision-making. more

Colombia-Nicaragua ICJ Case Tests Region's Crisis Resolution Mechanisms

By Michael Shifter, Cameron Combs
, on , Briefing

Latin America prides itself on being a peaceful region -- and with good reason. It is surprising, then, that border disputes continually bedevil the region. Many of these tensions remain unresolved, and when they surface, as in the example of the Nov. 19 ruling by the International Court of Justice on the case between Colombia and Nicaragua, there can be huge, often unexpected, ramifications. more