Author Archives: Otto Spijkers

Universal jurisdiction in the Case of Jorgic vs. Germany

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By Otto Spijkers

 

jorgic.bmpThe European Court of Human Rights published its judgment in the case Jorgic vs. Germany on 12 July 2007. Nikola Jorgic, a Bosnian Serb with a permanent residence status in Germany from May 1969 until the beginning of 1992, was the leader of a paramilitary group that took part in acts of terror against the Muslim population in the war in Yugoslavia in the early nineties. He was tried and convicted for genocide by the German courts. He filed a complaint at the European Court of Human Rights. Jorgic argued that the German courts had not had jurisdiction to convict him of genocide. He further argued that he had not enjoyed a fair trial (Article 6 of the Convention), and he argued that his conviction for genocide was in breach the legality principle (Article 7.1) because the national courts’ wide interpretation of that crime had no basis in German or public international law. Continue reading →

Ashdown on Winning the Peace

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By Richard Norman

Ashdown.jpgAttention turned to the House of Lords this week as Patrick "Obstruction of Justice" Fitzgerald brought down one of its members on felony charges. Lord Black will no longer be allowed to sit as a Tory, but he is allowed to keep his peerage. In Canada, a lot of the resentment and dislike of Lord Black stems from the fact that he turned in his Canadian citizenship in order to sit in the British upper chamber. While Lord Black may have been found guilty by a jury of his peers, his conviction (if it stands) should not be allowed to sully the reputation of peers in general. There are many deserving and qualified member of the House of Lords out in the world doing good works. Among them Lord Ashdown of Norton-sub-Hamdon. Continue reading →

Whose Arctic?

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By Richard Norman

 

On Monday, Canadian Prime Minister Stephen Harper announced that the Canadian military would be building between six and eight Arctic patrol vessels. "Canada has a choice when it comes to defending our sovereignty over the Arctic," Harper said. "Either we use it or we lose it. And make no mistake ? this government intends to use it." Harper’s commitment has been on the books since the last election (in slightly different form), but comes a week after Russian President Vladimir Putin laid out Russia’s claim to vast amounts of Arctic territory, including the North Pole. The American government responded to both announcements with dismay–they consider Arctic waterways and the region around the North Pole to be under the purview of no single country. Continue reading →

Live Earth

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By Otto Spijkers

JAP_ayaka1_Getty_400.jpgToday was – and still is – Live Earth day. So what do we personally help to make happen by listening to the Live Earth concerts, on television, internet or live in New York, London, Johannesburg, Rio de Janeiro, Shanghai, Tokyo (on the photo you can see Ayaka perform there), Sydney, and Hamburg? According to the website, Live Earth "will bring together more than 100 music artists and 2 billion people to trigger a global movement to solve the climate crisis." That is the aim: trigger a global movement to solve the climate crisis. The aim is a bit vague, and there does not seem to be a political process linked to Live Earth (as was the case with Live8, see below). The message is addressed directly to us, the 2 billion viewers: if we live more environment-friendly, then our governments may follow. Continue reading →

The End of the Two State Solution?

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By Richard Norman

 

Tony Blair has assumed the role of Mideast Envoy for the Quartet (the US, EU, Russia, and UN), and opinions on his appointment are split down predictable lines: with Arab nations, Hamas, and Iran disapproving (Blair as envoy "is like appointing the Emperor Nero to be the chief fireman of Rome," according to Rami Khouri); and, Israel, on the other hand thrilled. Everyone, however, agrees that it is an incredibly difficult job. It is especially difficult when all involved are locked in the straitjacket that is the two state solution. Continue reading →

Closing Guantanamo

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By Otto Spijkers

 

Will Guantanamo be closed soon? The detention camp at the US Naval Base in Guantánamo Bay, Cuba, has been open for more than five years, and the debate has been ongoing for five years. Many documentaries have been made, and many articles have been written about it, by University professors, policymakers, and LLM students…. it seems all arguments have been exchanged, and now enough is enough. Continue reading →

Ferrets and the Law

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By Richard Norman

For those outside of New York, Rudy Giuliani is best known as "America’s Mayor" for his sturdiness during the 9/11 attacks. Before that day he was known as a hard-headed and controversial leader. Supporters say he did a great job cleaning up crime and unsightliness; detractors believe his policies were excessively mean and the man himself short-tempered and unpleasant. For the benefit of those who are interested in learning a little more about the personality and dedication that Mr. Giuliani brings to all of his endeavours, including his front-running presidential bid, I’ve posted the above video. The cartoon illustrates a real radio phone-in conversation from May 2001. More info below. Continue reading →

Human Right to Development (Part 3 of 3)

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By Otto Spijkers

 

This is the last of three posts on the human right to development. In the first part I introduced this human right and the way it should be implemented into global policy. In Part 2, I tried to find out whether the international community actually agreed on this interpretation of the law and the method of implementation. In Part 3, the current post, I will look at future developments. Continue reading →