tag:blogger.com,1999:blog-1874869649906953718.post2313400519906860034..comments2022-03-03T17:16:23.881-08:00Comments on A Guy in the World: An Argument in Favor of Humanitarian InterventionChuck Blanchardhttp://www.blogger.com/profile/01417638725063186710noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-1874869649906953718.post-19403000142658167252017-04-15T17:01:37.473-07:002017-04-15T17:01:37.473-07:00Just to bring here , a classic case ( " Unive...Just to bring here , a classic case ( " Universal jurisdiction " ) just recently decided in the UK : <br /><br />Kumar Lama, a colonel in the Royal Nepalese Army (RNA) has been accused in the UK ( arrested there also ) for torturing in 2005 during Nepal’s decade-long internal armed conflict between the government and Maoist forces , for participating in the torture of two detainees at an army barracks under his command. The trial took place at the Old Bailey from June to July 2016 . Ultimately, on 6 September 2016, Colonel Lama was cleared of all charges. The jury found Colonel Lama not guilty on one count and failed to reach a verdict on the other . <br /><br />So, we can clearly observe the idea of " Universal jurisdiction " for " jus cogens " which , subordinates sovereignty of one state, to forced intervention of another , due to the severity of the crimes. Sometimes , for torturing one person , in one end of the world , huge hunt begins , and finally , he may be tried , in the other end of the world , in a state , totally unconnected to the crime . This is the right model !! Surly for huge amount of civilians, dying in chemical attacks for example or alike . <br /><br />Here , in EJIL talk , one may read on that trial ( I shall put later the verdict itself ) : <br /><br />https://www.ejiltalk.org/the-mistrial-of-kumar-lama-problematizing-universal-jurisdiction/<br /><br />Thanks<br /><br /><br />el roamhttps://www.blogger.com/profile/00406442932147092365noreply@blogger.comtag:blogger.com,1999:blog-1874869649906953718.post-45507836135172846522017-04-15T08:27:31.200-07:002017-04-15T08:27:31.200-07:00Just clarifying my comment :
In the first case,... Just clarifying my comment : <br /><br />In the first case, we deal with criminal process (Pinochet) in the second, we deal with civil compensation for criminal acts (denied due to lack of proof of customary international law apparently ) yet, concerning the criminal aspect , it is proven as customary in fact of course. I shall put more links to criminal cases , later ….. <br /><br />Here just to quote from the second case : <br /><br />This appeal engages two important principles: the prohibition of torture, which is widely acknowledged as vital to international human rights, and the requirement that sovereign states not be subjected to each other's jurisdiction, which is widely acknowledged as vital to the relations between nations. The balance struck today between these two principles by both Canada's domestic legislation and public international law prohibits a civil claim (though not a criminal prosecution) from being brought in Canada for the torture suffered in Iran by Mr. Bouzari. Hence, Mr. Bouzari's civil action was properly dismissed.<br /><br />End of quotation : <br /><br />So , we read clearly : " prohibits a civil claim (though not a criminal prosecution) from being brought in Canada for the torture suffered in Iran " . Yet, criminal prosecution, is yet, clear intervention in the sovereignty of other states, all , due to " jus cogens " like torture ( crime against humanity ) . <br /> <br />Thanks <br /><br />el roamhttps://www.blogger.com/profile/00406442932147092365noreply@blogger.comtag:blogger.com,1999:blog-1874869649906953718.post-84742466847745984642017-04-15T06:56:16.180-07:002017-04-15T06:56:16.180-07:00Thanks for the post , that issue of humanitarian i...Thanks for the post , that issue of humanitarian intervention , is far greater more complicated of course , just sufficient will be to mention , that the UN charter , provides clearly so ( article 1 (3 )) : <br /><br />" To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and " <br /><br />End of quotation : <br /><br />So we read clearly , that one of the constitutional purposes of the charter , is to solve problems having humanitarian character , respecting human rights and fundamental freedoms for all . Moreover : <br /><br />We deal , within the frame of humanitarian character , with " jus cogen" ( chemical attack on civilians ) while , there is a total , undisputed , prohibition on such violation of crimes , having in no way , no justification ( like : crimes against humanity , and genocide ) . <br /><br />It must be emphasized : sovereignty in such cases , is subordinated to prohibition of jus cogens violation and duty to intervene . That is how , we have that doctrine of " Universal jurisdiction " where clearly , a state intervenes in the sovereignty of other state , and strip of even , official or heads of states immunity , and judge perpetrators , although , no territorial connection established with the crime committed . Endless cases of such , took place in the world : <br /><br />Pinochet in the house of lords , here : <br /><br />http://star.worldbank.org/corruption-cases/sites/corruption-cases/files/documents/arw/Pinochet_UK_R_v_Bartle_Ex_Parte_Pinochet_Extradition.pdf<br /><br />And , in the court of appeal for Ontario , Bouzari V. Islamic republic of Iran , action against Iran for damages for assault and torture , by an employee / consultant in the oil and gas industry in Iran , the commission of torture took place in Iran , while the plaintiffs was an Italian resident as such ( No connection at all to Canada ) . here <br /><br />http://www.ccij.ca/content/uploads/2015/07/Bouzari_v._Iran_2002_O.J._No._1624.pdf<br /><br />Besides it , scholars , tend to confuse ordinary state , with superpowers , it is not the same , neither the same rights , nor the same obligations , but I am falling short ….. maybe later . <br /><br />Thanks <br /><br />el roamhttps://www.blogger.com/profile/00406442932147092365noreply@blogger.com