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Enforcement And Implementation Outline

Law Outlines > International Humanitarian Law Outlines

This is an extract of our Enforcement And Implementation document, which we sell as part of our International Humanitarian Law Outlines collection written by the top tier of U.C. Berkeley School Of Law (Boalt Hall) students.

The following is a more accessble plain text extract of the PDF sample above, taken from our International Humanitarian Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Enforcement and Implementation 1) Mechanisms a) National level a) Strongest enforcer/implementer is states b) The US with respect to its own militaries i. Use court marshal process ii. Example: My Lai Massacre: Liutenant Calley follows illegal order to execute unarmed prisoners, and was then tried c) The US with respect to its enemies i. If unclear of combatant status: use GC3:5 (a) We set up CSRT in 2004 (is this enough? Why not mimic a court marshal scheme? Why not use federal courts?) ii. Importance of Hamdan: finds that CA3 applies to people in Guantanamo. CA3 has a provision that says you can't have prosecutions until you have regularly constituted court, affording all judicial guarantees. Court says that this language is not being met by the current processes in Guantanamo. b) International mechanisms a) ICC i. 1998 Rome Statute - came into force in 2002 ii. 121 state parties, including some of our allies (Canada, UK, Australia, NATO). No big military countries (Israel, China, Russia, US) iii. Court of last resort. National courts are supposed to handle problems first, but if they can't/unwilling to, then ICC will step in. complimentary. iv. Jurisdiction (a) Self Referral by state party - country refers person to ICC if they are unable to prosecute them themselves (territorial jurisdiction) (i) First Govt to do this: Uganda (b)Security Council Referral - doesn't matter if the person's country of origin is a state party or not. (c) Prosecutor can initiate an investigation (in propiu motu) (i) Current Prosecutor: Faou Bensouda (African) v. US Relationship: hostile (a) Clinton signed the statute, but Bush sent letter before Senate ratified saying we would never sign it. (b)Took steps to encourage others not to enforce. (c) Made 100 bilateral treaties (Article 98 agreements): we don't turn any of your people over if you don't turn ours over. Mutual Non Cooperation.

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