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Justice for Saddam Hussein
This article deals with the various questions of judicial policy raised by the prospects of a Saddam Hussein trial, which are of international concern, A Special Iraqi Tribunal has been chosen, the accusations have been raised, and the process has begun. Nevertheless, their content, the judicial procedure, the venue and the development of the trial : the independence and impartiality of the judges, the rights of defence, the risks of a judicial show, its length and its conclusion, and the (...)
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The trial of Slobodan Milosevic
The First Head of State to be indicted by international justice for crimes committed during the exercise of its functions, Slobodan Milosevic appears before the International Criminal Tribunal for former Yugoslavia (ICTY) since February 12, 2002. He is charged with sixty-six counts of war crimes, crimes against humanity and genocide committed during the three major conflicts that divided former Yugoslavia back in the nineties. Upon almost three years of trial, a guilt conviction is still (...)
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Relations between States and the International Penal Tribunal for Rwanda
The international criminal justice seems disabled in the absence of police means. The assistance of States is therefore necessary. With regard to the International Criminal Tribunal for Rwanda, the quality of such cooperation is an important factor for the efficiency of the Tribunal. This paper analyzes and presents the successes and failures of this cooperation. It highlights that the poor political support extended to the Tribunal by African States within the United Nations despite their (...)
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The three generations of international penal justice
This article focuses on the various forms of international justice operating today in the world : ad hoc international criminal tribunals, international criminal court, joint tribunals operating (Sierra Leone) or on the verge to operate (Cambodia) settled up by an agreement between United Nations and some countries, and finally national jurisdictions exerting universal competency. These evolutions are analysed trough both political and historical perspective. In doing so, one insists on the (...)
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Death penalty as a new stake in international relations
Death penalty became recently an important issue for international relations, and no more a purely domestic matter, as it used to be. On the one hand, legal obligations were determined in the fields of human rights - the right to live, prohibition of torture and inhuman treatment - as in procedural matters, with a case-law of international jurisdictions, from the International Court of Justice to the European Court of Human Rights. On the other hand, international standards were set within (...)
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The use of armed force and the international court of justice. Attempts at politically intrumentalizing the principal judicial organ in the United Nations
The International Court of Justice (ICJ), the principal judicial organ in the United Nations, is meant to exercise the function of a "world tribunal", but actually, it sees its role depend largely on the States’ good will to acknowledge its ability. Since the last few years, a recrudescence of recourse to this jurisdiction to settle conflicts in inter-State relations has been observed, the recourse intervening frequently for matters directly linked to the question of the use of armed force. (...)
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Towards paradigm changes in international action for development ?
AFRI 2002, volume III
par
FEUER Guy - 1er 2003
New notions have appeared in the dialectics of North-South relations since the mid-1970s, and have eventually deeply modified the traditional approach to international action for development through the last two decades. Whereas until the first petrol disaster, Third-World countries development was regarded an essentially economical process in nature, a certain number of other parameters have been taken into consideration throughout the years, so much so that eventually, there has been talk (...)
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The stakes of world governance
The events on September 11th prove that globalization not only endorses an economic character, but also an important political dynamics. This dynamics transforms the nature of the international system, by making a world social system where an increasing number of heterogeneous actors, whose reciprocal relationships are asymmetrical, interact. The events also reflect the necessity of a world governance, at the opposite end of the fragmented governance practiced until now. This world (...)
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The rise of multilateralism : principles, institutions and common actions
Multilateralism is a recent phenomenon (beginning of the 21st Century), somehow unknown. It is both a historical and theoretical concept that evolved after World War II. The multiplication of international exchanges and of various international organizations has made this concept and method of international cooperation increasingly complex to grasp. It is instrumentalized or bypassed by Member States who are supposed to promote it. Nevertheless, in a globalized and transborders world, (...)
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Precaution principle, international law and international relations. A few remarks
The precaution principle that is often referred to in the field of environment and public health, imposes to take the measures required to avoid the risk of serious and irreversible damage, even when this risk is not certain - which distinguishes it from the prevention principle. Today this principle is consecrated in numerous international conventions ; doubtlessly hastily, some even confer it a customary value. Nevertheless, it remains difficult to agree on its precise (juridical) (...)
