Last Week in International Law

1. Prosecutor v. Karadzic

On November 5, the UN International Criminal Tribunal for the former Yugoslavia postponed the trial against former Bosnian Serb leader Radovan Karadzic until March 2010. Karadzic ended his boycott of the proceedings earlier this week, saying it would be “criminal” if he had “to enter a trial for which I am not prepared.”

As discussed last week, Karadzic’s boycott of the trial led judges to begin hearing the prosecution’s case and warning Karadzic to appear in court or risk being tried in absentia.  Besides postponing the trial, the tribunal has also appointed a lawyer to represent Karadzic.

Karadzic has vowed to resist the imposition of counsel.  He has seven days to apply for permission to appeal the ruling, and another seven days thereafter to file an appeal.

2. Lisbon Treaty

The Lisbon Treaty was officially ratified by the last European Union member state, the Czech Republic, on 3 November 2009. It is expected to officially become law in December.

The treaty is an attempt to make the EU more cohesive and influential on the worldwide stage, though some critics have seen it as a threat to national sovereignty. The treaty grants new powers to the European Commission, the European Parliament and the European Court of Justice.  Legislation will now be decided by “co-decision” by the parliament and the European Council.  A major change regards the president of the Council.  Currently, countries take turns at being president for six months, but under the treaty a chosen politician will serve as president for 2 ½ years.

A reference to the Charter of Fundamental Rights in the treaty makes it legally binding for member states, but the full text is not printed. Conversely, some countries chose to “opt-out” of certain provisions of the Charter. Poland has an opt-out from parts of the Charter concerning abortion, and the Czech Republic has an opt-out concerning property claims by expelled Germans after WWII. The Irish Republic and the United Kingdom have the right to opt in or out of any policies in the entire field of justice and home affairs, and currently have opted-out of the policies of asylum, visas and immigration.

3. Canada Challenges EU Ban on Canadian Seal Products

Canada’s seal-products dispute with the European Union is being brought to the World Trade Organization for settlement. Trade Minister Stockwell Day claims Canada will be arguing that the seal hunt is “a legitimate economic pursuit” and Europe’s ban on Canadian seal products, adopted in May of this year, is a violation of the EU’s trade obligations.

Canada has previously instituted new rules to ensure each seal is killed quickly and painlessly after an earlier draft of the seal product regulation legislation left the door open for exemptions to countries that could certify their hunting methods are humane.

4. Climate Change Treaty not Legally Binding

United Kingdom climate Secretary Ed Miliband stated on November 5^th that it is highly unlikely that a new legally binding climate treaty will be agreed on this year and only a political deal is likely.

This may be the first time UK ministers have acknowledged the unlikelihood of the treaty achieving anything legally binding.  Miliband has stated that he hopes a political agreement will lead to a legally binding treaty.  He told the BBC: “I think an agreement without numbers is not a great agreement. In fact it’s a wholly inadequate agreement.”

5. RCMP arrest alleged Rwandan War Criminal

This week the Royal Canadian Mounted Police have arrested Jacques Mungwarere, a 37-year-old Rwandan man living in Windsor, Ontario.  Mungwarere is charged with committing genocide in Kibuye, Rwanda under the Crimes Against Humanity and War Crimes Act.

After a brief court appearance in Ottawa on November 7^th, Mungwarere has been remanded in custody and his case held over until November 12.  Mungwarere is only the second person to be charged under Canada’s Crimes Against Humanity and War Crimes Act, and his arrest follows the October 29 decision by Justice André Denis of the Quebec Superior Court who handed down a life sentence to Désiré Munyaneza, with no chance of parole for 25 years.

RCMP Sgt. Marc Menard has reportedly confirmed that there is a connection between Mungwarere’s case and the recently concluded Munyaneza prosecution, although these concerned a different area of Rwanda.

6. Prosecuting Election Violence in Kenya

International Criminal Court prosecutor Luis Moreno-Ocampo has stated on November 7^th that he believes there is a strong case against some of the people allegedly responsible for the crimes committed during Kenya’s post-election violence.  The prosecution will need to move quickly in this case, if they seek to heed crisis mediator Kofi Annan’s warning that failing to prosecute the architects of the killings could pose the risk of further violence erupting again during Kenya’s next election in 2012.

According to Moreno-Ocampo, it is possible the trial will take place in Kenya, or at the court in Arusha in Tanzania where suspects from Rwanda’s 1994 genocide have been prosecuted.  Kenyan leaders have decided not to refer the case to The Hague, but have promised to co-operate with Moreno-Ocampo.  There has been some speculation that those responsible include cabinet ministers, parliamentarians and businessmen.

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