DATE DOWNLOADED: Mon Nov 20 12:27:09 2023

SOURCE: Content Downloaded from HeinOnline

Citations:
Please note: citations are provided as a general guideline. Users should consult their preferred
citation format's style manual for proper citation formatting.

Bluebook 21st ed.

Look at the Economic, Political, and Social Events That Shape International Law
around the World, A, 22 ILSA Quart. 14 (2013).

ALWD 7th ed.

, Look at the Economic, Political, and Social Events That Shape International Law
around the World, A, 22 ILSA Quart. 14 (2013).

APA 7th ed.

(2013). Look at the economic, political, and social events that shape international
law around the world, a. ILSA Quarterly, 22(1), 14-20.

Chicago 17th ed.

"Look at the Economic, Political, and Social Events That Shape International Law
around the World, A," ILSA Quarterly 22, no. 1 (October 2013): 14-20

McGill Guide 9th ed.

"Look at the Economic, Political, and Social Events That Shape International Law
around the World, A" (2013) 22:1 ILSA Quart 14.

AGLC 4th ed.

'Look at the Economic, Political, and Social Events That Shape International Law
around the World, A' (2013) 22(1) ILSA Quarterly 14

MLA 9th ed.

"Look at the Economic, Political, and Social Events That Shape International Law
around the World, A." ILSA Quarterly, vol. 22, no. 1, October 2013, pp. 14-20.
HeinOnline.

OSCOLA 4th ed.

'Look at the Economic, Political, and Social Events That Shape International Law
around the World, A' (2013) 22 ILSA Quart 14 Please note: citations are
provided as a general guideline. Users should consult their preferred citation
format's style manual for proper citation formatting.

-- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and
Conditions of the license agreement available at
https://heinonline.org/HOL/License
-- The search text of this PDF is generated from uncorrected OCR text.
-- To obtain permission to use this article beyond the scope of your license, please use:
Copyright Information
Country Watch
A Look at the Economic, Political, and Social Events that Shape
International Law Around the World

Former Chad President Hissene Habre mated at around 40,000. The killings that Habrb
Charged With Crimes Against Humanity is charged with include massacres against ethnic
groups in southern Chad (1984), against the Had-
On July 1, 2013, Senegalese prosecutors charged
jerai ethnic group (1987), and against the Zagha-
Chad's former President Hissene Habr6 with
wa ethnic group (1989). Despite this display of
war crimes, torture, and crimes against human-
force, Habre's government remained weak, and
ity. Habre replaced F6lix Malloum as the Prime
was frequently opposed by the Zaghawa ethnic
Minister of Chad on August 29, 1979. However,
group. In response, the Habr6 regime periodically
Habre's term ended a year later, when Malloum's
conducted ethnic cleansing campaigns against
government ended. Although Goukouni Cued-
ethnic Chadian groups, such as the Zaghawa.
dei was elected to the presidency, Habr6 ousted
Queddei on January 7,1982 and became the new Habre was overthrown in 1990, after which
President. he fled to Senegal where he remained in exile.
He was placed under house arrest in 2005. Al-
Known as "Africa's Pinochet' the former dictator
though Habr6 was indicted in Senegalese courts
was accused of committing war crimes during
in 2000, the previous Senegalese President, Ab-
the Chadian-Libyan conflict between 1978 and
doulaye Wade, continually delayed the execution
1987 Under Muammar al-Gaddafi's rule, Libya in-
of Habre's sentence. After four separate requests
vaded Chad in 1980 by occupying the Aozou Strip.
for extradition, the International Court of Justice
In the years that followed, Libya and Chad fought
(ICJ) ruled on July 20, 2012 that Senegal must try
over occupation of Chadian territory. It was not
Habre or extradite him to Belgium for trial. The
until 1987 that Habr6, backed by support from the
ICJ's binding order was premised upon Senegal's
United States and France, prevailed and ended
inaction to prosecute Habrb.
the conflict.
On August 22, 2012, Senegal and the African
After usurping power from Oueddei, Habre cre-
Union agreed to create a special criminal tribu-
ated the Documentation and Security Directorate
nal known as the Extraordinary African Cham-
(DDS), which actively sought, tortured, and exe-
bers (Chambers) to try Habr6. The Chambers are
cuted opposition members. Documented torture
structured to address each element of Habrb's
methods included burning with incandescent
alleged crimes: Article 5 details genocide; Ar-
lights, forced asphyxia, electric shocks, forced
ticle 6 details crimes against humanity; Article 7
consumption of water, forced inhalation of auto-
details war crimes; and Article 8 details torture.
mobile exhaust fumes, and a torture technique
The Senegalese National Assembly formally es-
of squeezing prisoners' heads between sticks
tablished the Chambers on December 19, 2012.
known as "supplice de baguettes." Although the
In 2013, Senegalese officials formally arrested
exact number of people that the Habre regime
and charged Habre with war crimes, torture, and
killed remains unknown, Human Rights Watch
crimes against humanity. Thus far, 1,015 victims
estimates that he authorized tens of thousands
have registered as civil parties with the Cham-
of political murders and instances of psychologi-
bers.
cal torture. The death toll under his reign is esti-

ILSA Quarterly ) volume 22 ) issue I October 2013

 I Country Watch
The international support for Habr6's prosecution
demonstrates the advancements made and pro-
cedures taken in trying war criminals. Habr6 is
the first African leader to face charges of crimes
against humanity in a fellow African country, and
he could face life in prison if convicted. The cre-
ation of the Chambers is especially noteworthy
because it demonstrates the continued efficacy
of ad hoc tribunals as a means of prosecuting war
criminals that have since fled their home coun-
try. Despite Senegal's initial pushback against re-
peated extradition requests and the ICJ's ruling,
Habr's arrest signifies continued resilience and
international cooperation in upholding the rule of
law. Indeed, President Barack Obama's recent en-
dorsement of Senegal's efforts is recognition of
"the case's importance for African justice."
* Submitted by Steven Wu
New Ugandan Law Imposes Restrictions on
Public Meetings
OnAugust6, 2013, the Ugandan parliament passed
the Public Order Management Bill which imposes
wide-ranging restrictions on public meetings and
makes staging public political protests against the
government nearly impossible. The bill requires
that meetings of a political nature with at least
three people must gain prior authorization by the
police. Authorization must be sought seven days
in advance and meetings may only take place be-
tween 6am and 6pm. Police are given great power
to turn down authorization requests if the request-
ed venue is unavailable, if the venue is considered
unsuitable, or for "any other reasonable cause."
Police are also given the power to stop public
meetings of a political nature, which includes the
power to use firearms in self-defense, in defense
of others, or against those resisting arrest. Police
can even break up meetings involving political is-
sues in people's homes. Organizers of unauthor-
ized assemblies might face criminal penalties and
financial liability.
ILSA Quarterly ))volume 22 ) issue 1 )) October2013
The bill was put forth by the ruling party that domi-
nates parliament, PresidentYoweri Museveni's Na-
tional Resistance Movement (NRM).The bill's pas-
sage follows months of debate between Ugandan
proponents and opponents of the bill. Five days
prior to its passage, opposition groups attempted
to have the legislation jettisoned by attempting to
filibuster its passage.
The bill comes amid increasing protests calling for
political change staged against the long-serving
President Museveni, who has held power since
1986 when he took office by force. Some believe
he intends to serve as president his entire life,
while others believe he is grooming his son, who
is currently in charge of Uganda's special forces,
to become the country's next president. A four-
star army general, demanded an inquiry into al-
legations that government officials that opposed
the rise of Museveni's son were at risk of assassi-
nation.This General has fled from Uganda and fac-
es arrest if he returns. Two newspapers and two
radio stations closed in May after they reported on
alleged government plots to assassinate opposi-
tion politicians.
Since 2011, there has been a protest movement
criticizing corruption and high cost of living. Police
have responded with a crackdown on street pro-
tests. Security forces routinely use tear gas and
ammunition to disperse protesters. They killed at
least nine people during confrontations in April
2011. Police have made "preventative arrests"
of protest leaders. Additionally, in July, police re-
stricted the movement of Kampala's mayor, who
is an opposition politician and a critic of the presi-
dent, as well as the movement of Kizza Besigye,
a three-time president candidate. Museveni has
defended the police's tactics on the grounds that
the protests threaten economic stability.
The bill is not in compliance with constitutional
and international legal guarantees of the right to
free expression and assembly. The bill seriously
harms individuals' rights in a country where po-
litical discourse is already limited. It gives the
 Country Watch
Ugandan police dictatorial powers to decide who
can stage a protest. Police now have the power
to criminalize spontaneous peaceful protests of
even three people. Independent politician Moses
Kasibante has vowed to challenge the law in the
constitutional court.
On August 9, 2013, Maina Kiai, the UN Special
Rapporteur on the rights to freedom of peaceful
assembly and of association, declared several
provisions of the bill to be in violation of individu-
als' rights to public assembly. He stated that "[r]
equiring prior authorization from the authorities to
hold an assembly may result in an effective ban
on certain gatherings, which violates Uganda's
international obligations" and that "the require-
ment to list the names of all participants serves
only to frighten people from expressing their right
to peaceful assembly'
Margaret Sekaggya, UN Special Rapporteur on
the situation of human rights defenders, asserted
that "police intimidation has no place in a free,
open and democratic society'" She noted, "The
Law fails to limit firearm use; it must ensure they
can only be used after exhausting all other pos-
sible means, in compliance with the UN Basic
Principles on the Use of Force and Firearms by
Law Enforcement Officials."
Frank La Rue, UN Special Rapporteur on the right
to freedom of opinion and expression, warned
that "the requirement for public statements not
to contravene any laws is excessively vague. In
fact, it may be used as a tool for censoring all sort
of critical statements, undermining a crucial guar-
antee for democratic governance."
Increasing threats faced by anti-corruption groups
expose the need for the government to repeal the
Bill on grounds of incompatibility with internation-
ally-recognized human rights and to redraft the
bill in a manner that complies with the country's
international human rights obligations. The three
UN Special Rapporteurs have all maintained that
the bill must be revoked unless it is amended to
ILSA Quarterly ) volume 22 )) issue 1) October 2013
comply with Uganda's international legal obliga-
tions.
*Submitted by Pinky Mehta
Dispute Between Spain and Britain
Continues Over Developments in Gibraltar
Gibraltar is commonly referred to as the "Rock,"
not only for its only landmark, but also because
it symbolizes "British imperial resilience captured
by the phrase 'as solid as a rock."' According to an
August 2013 report from Reuters, Spain is study-
ing retaliatory measures against the British ter-
ritory of Gibraltar in an escalating situation over
Gibraltar's actions near fishing grounds in a dis-
puted area that was being used by Spanish fish-
ing boats. This appears to be a modern day con-
tinuation of the three-century dispute between
Spain and Britain.
Background
Gibraltar has a population of about 30,000 and
is connected to the Iberian Peninsula by a nar-
row, low-lying isthmus. The Strait of Gibraltar is
the "only natural entrance to the semi-enclosed
Mediterranean Sea." Gibraltar's economy is
"dominated by off-shore banking, internet gam-
bling operations, and tourism." While technically
a British colony, it is debatable whether it is truly
colonized in the traditional sense of the word. Gi-
braltar has its "own language called yanito, which
is a mix of English and Spanish, politics, and type
of nationalism."
The dispute over Gibraltar between Spain and
Britain commenced during the War of the Span-
ish Succession, when Gibraltar was "seized in
1704 by Anglo-Dutch forces from Spain and then
transferred to Britain under the 1713 Treaty of
Utrecht." In 1908, British military authorities con-
structed "the fence on neutral ground" creating
an actual border between Spain and Gibraltar.
Miguel Primo de Rivera (1870-1930), Spain's dicta-
 Country Watch
tor during the Restoration, took significant steps
to secure its borders from smuggling, which was
the central trade to Gibraltar economy. Tensions
began to worsen between Gibraltarians and the
Spaniards with "Queen Elizabeth Il's visit in 1954
to Gibraltar." Shortly thereafter, World War II esca-
lated tensions between Gibraltarians and Span-
iards. According to Adolf Hitler, "actual Spanish
participation in the war was necessary and he re-
jected the notion of an attack on Gibraltar without
Spanish entry into the war" on the Axis powers'
side.
Francisco Franco y Bahamonde (1892-1975)
brought Spain's continuing claim of sovereignty
over Gibraltar and requested that Gibraltar was
decolonized to the United Nations in the 1960s.
Local opposition to the transfer to Spain was man-
ifest in a 1967 referendum, which was incorporat-
ed into the 1969 Constitution of Gibraltar. Under
Franco, Spain retaliated by closing "the border
with Gibraltar from 1969 to 1985." This resulted
in the "Spanish-UK Lisbon Agreement (1980) and
the Joint Brussels Communiqu6 (1984), but there
were no talks on Spain's claim to sovereignty."
From 1991 to 1997, Spanish fishermen entered
Gibraltarian waters, respecting Gibraltar's laws
and the authority of its law enforcement agen-
cies; however, after 1997, Spanish fishermen re-
fused to recognize the validity of Gibraltar's laws
and the authority of its police, claiming that it was
Spanish waters.
Then, in 2002, Britain and Spain reached a broad
agreement on the shared sovereignty of Gibral-
tar; however, the agreement was met with local
hostility expressed in the form of local rallies and
demonstrations. The result was the November 7
2002 sovereignty referendum of Gibraltar against
shared sovereignty"
InternationalImplications in the Modem Era
Spain contests British sovereignty over Gibraltar
and concludes that, as a colony, Gibraltar has no
right to territorial waters. Spain's approach is un-
ILSA Quarterly ))volume 22 )) issue 1
der "the UN Principal of territorial integrity of the
state saying that Gibraltarians can't have national
determination since they are not a nation and the
Treaty of Utrecht of 1713 gives Spain the right of
first refusal should Britain cede its claim to Gi-
braltar.'
Britain asserts that its continued "de facto pres-
ence in Gibraltar gives it a right to territorial wa-
ters in the Bay and Straight area around Gibraltar,
which is supported by both international custom-
ary law and conventional law."
Gibraltar retorts that, under "UN General As-
sembly Resolution 1541, the 'self-determination'
principal relates to the democratically expressed
wish of the people of Gibraltar to remain under
British rule and retain their links with the UK."
In September 2013, due to the developments in
the disputed waters, Spain has increased border
security.The European Commission officials have
recently begun inspecting border controls near
Gibraltar because of reports of excessive delays
caused by Spanish officials.
* Submitted by Tia Haywood
Western Leaders Question Recent Elections in
Zimbabwe
This August marked the start of yet another five-
year term for 89 year-old Zimbabwean President
Robert Mugabe. The July elections resulted in a
61 percent victory for Mugabe and the Zimbabwe
African National Union - Patriotic Front (Zanu-PF),
overcoming his much younger opponent Morgan
Tsvangirai who won 34 percent of the vote. When
compared to the 2008 election - which resulted
in the death of over 200 Zimbabweans and the
injury of thousands more - this election seems to
have been a great success.
The Southern African Development Community
(SADC), the African Union (AU), and various Af-
rican political leaders have already endorsed
O)
October2013
 Country Watch

Mugabe's reelection. However, Western leaders election was free and fair. In 2008 Membe was
still doubt the credibility of the election. noted for saying that a runoff election between
Mugabe and Tsvangirai would never be free and
African media outlets and Western media outlets
fair because of violence against Tsvangirai's sup-
alike have sent very mixed reviews of Mugabe's
porters. The notoriously violent 2008 election
reelection. The United Kingdom, the United
also resulted in a showdown between Mugabe
States, and Australia have all voiced concerns
and Tsvangirai. Although neither candidate won
that Zanu-PF party officials influenced the results
a majority, Tsvangirai received more votes than
of the election to ensure a victory for Mugabe.
Mugabe. Violence against MDC supporters even-
However, lack of international observation during
tually led Tsvangirai to pull out of the runoff elec-
the election has left the world guessing whether
tion and settle for a negotiated position as Prime
the results are the will of the Zimbabwean peo-
Minister under Mugabe.
ple or, in the words of United States Secretary
of State John Kerry, "a culmination of a deeply As the media has noted, the 2013 election has
flawed process." not been as violent as the preceding election.
However, there are still doubts concerning the
Although little solid proof exists that the election's
election's fairness. Moreover, there is room for
results were influenced by government officials,
doubt that the SADC is a credible observer.
there are many irregularities. In a recent state-
ment to the U.S. Senate Committee on Foreign Malawian President Joyce Banda is the current
Relations, Acting Assistant Secretary Donald chair of the SADC. Banda is also an avid supporter
Tamamoto of the Bureau of African Affairs, refer- of Mugabe. At the recent SADC summit in Lilon-
enced reports of voter intimidation and illicit shap- gwe, Malawi, Banda led regional leaders in con-
ing of the election in favor of Zanu-PF officials. gratulating Mugabe on his victory - not only for
his reelection, but his appointment as the new
Wilf Mbanga, editor and founder of The Zimba-
2014 chairman for the SADC.
bwean, accused the Registrar General's Office of
disenfranchising young urban voters - the largest Implications for Zimbabwe
supporters of Tsvangirai and his party, the Move-
Mugabe has restated his intentions to pursue his
ment for Democratic Change (MDC). Mbanga
indigenisation programme, pledging to extend a
also refers to evidence of Zanu-PF officials bus-
51 percent local ownership minimum to corpo-
ing rural voters - which typically vote in favor of
rations within all major sectors of the economy.
Zanu-PF officials - into urban voting centers and
Companies like Impala Platinum Holdings Ltd.
giving them slips that allowed them to vote there
and Anglo American Platinum Ltd. have already
illegally. He alleges that this had a major role in
been forced to cede majority shares of their local
the MDC's loss of urban seats. Furthermore, vot-
assets to black Zimbabweans or the Zimbabwe-
ing in urban centers reportedly involved very long
an government. Mugabe also plans to continue
lines, mass confusion on voter rolls, and issues
with land redistribution from larger landowners to
with proper registration. One Zimbabwean moni-
peasants, However, there is very little evidence of
toring group estimated that 99.97 percent of rural
this redistribution having taken place.
voters were registered, compared to only 67.94
percent of urban voters. There are several likely policy implications that can
be drawn from five more years under Mugabe's
The head of the SADC Election Observer Mission
administration - a general discouragement of for-
to Zimbabwe, Bernard Membe, recently delivered
eign investment, rejection of Western aid, eco-
the final report verifying SADC's opinion that the
nomic stagnation, and potential human rights vio-

lISA Quarterly ) volume 22 ) issue 1 O

0ctober2013

lations. Regardless of whether the 2013 election
is a legitimate reflection of the will of the Zim-
babwean people, the results are going to have a
profound effect for the Zimbabwean people.
* Sumbitted by Joshua Ash
Pakistan and India: Current Developments
Between Two Nuclear-Armed Rivals
In 1858, India, then comprising modern-day In-
dia, Pakistan, and Bangladesh, officially fell under
the rule of Great Britain. The beginning of Indian
nationalism is best illustrated by the foundation
of the Indian National Conference in 1885 by the
Western-educated Hindu upper-caste members
who sought to share power with the British rul-
ers in India.
Even in the quest for independence from Great
Britain, India was far from unified. By 1940, the
Muslim League had gained enough traction to be
relevant in the region. The group began calling not
only for the independence of India, but also for
the partition of India and the creation of a Muslim
state.The latter would come to be known as Paki-
stan. In July of 1947, Great Britain officially hand-
ed over control to an independent India and to
an independent Pakistan. Each princely state was
allowed to choose for itself whether it wished to
join Pakistan or India.
A majority of the population of Kashmir was Mus-
lim and thus desired by Pakistan. However, the
Maharaja, or ruler, was Hindu. Moreover, many of
the Muslims in Kashmir did not favor joining Paki-
stan.The Maharaja's indecision led to a Muslim re-
bellion in October of 1947, as well as an offensive
by the Pakistani military. Facing early successes
by Pakistani forces, the Maharaja asked for assis-
tance from the Indian army, which agreed to help
on the condition that Kashmir join India. A U.N.-
brokered cease-fire went into effect on January 1,
1949, with Pakistan gaining control of the west-
ern and northwestern two-fifths of Kashmir.
ILSA Quarterly
Country Watch
Emboldened by China's defeat of India in 1962
and by a belief that tribal forces in Kashmir would
join Pakistan, roughly 30,000 Pakistani forces dis-
guised as Kashmiri citizens snuck into Kashmir on
August 5, 1965. India successfully repelled the
Pakistani military, which lost almost 4,000 troops
and the United States as a strategic ally. The Unit-
ed Nations once again brokered a cease-fire.
1971 saw a secessionist movement begin to
grow in East Pakistan. Angered by India's sup-
port of the Mukti Bahini, or freedom fighters,
Pakistan launched attacks on targets in western
India on December 3, 1971. The next day, India
suppressed Pakistan's advances in western In-
dia, gained and maintained air superiority, and
launched a full invasion of East Pakistan. Due to
India's overwhelming success, Pakistan surren-
dered on December 16, leading to the formation
of an independent Bangladesh.
In 1998, India conducted nuclear tests, citing its
concerns over Pakistani involvement in terrorist
activities in Kashmir and Pakistan's relationship
with China. One month later, Pakistan tested a
nuclear device.
In 1999, nuclear-armed Pakistan and India fought
a brief war, known as the Kargil Conflict, which
was instigated by Pakistan. The Indian military
response, coupled with international opinion in
favor of India, quickly led to Pakistan's retreat.
India and Pakistan signed a cease-fire along the
Line of Control, the effective border between the
two countries, in November of 2003. While the
cease-fire has prevented major conflicts, cross-
border fighting has continued and the peace is
still fragile. Tensions rose to their highest level
after the November 2008 bombings and subse-
quent small arms attacks by Pakistani terrorists in
Mumbai, which lasted for three days and caused
166 deaths. Pakistan is currently holding trials
for seven Pakistanis believed to have taken part
in the massacre. On September 21 of this year,
the Pakistani anti-terrorism court sent a team to
volume 22 ) issue 1 )O ctober2013
 Country Watch

Kashmir to interview witnesses to the massacre.
The team's March 2013 report was denied by the
court for lack of evidence.
On July 18, Indian soldiers killed four and wound-
ed 25 Muslim protestors in Kashmir. On August
8, India accused the Pakistani Army of direct in-
volvement with the August 6 deaths of five Indian
soldiers along the Line of Control (LoC), which led
to days of cross-border firing from both sides.
On September 22, Pakistani and Indian forces
ar payload 5,000 km. While this new missile does
now allow India to strike Beijing, it is unlikely to
change India's relationship with Pakistan as Paki-
stan was already well within reach of India's mis-
sile systems.
The relationship between India and Pakistan is
possibly the most volatile of any between two
nuclear-armed powers. While most security ex-
perts do not believe a nuclear war between the
two countries is likely, international observers

traded gunshots for two hours across the LoC. must continue to watch the two countries. This
India claims that Pakistani soldiers, despite being is especially important given that neither country

unprovoked, fired first. India claims that Pakistan
has violated the cease-fire over 100 times this
year.
On September 16, India successfully tested an
Agni-V missile that is capable of carrying a nucle-
is a state party to the 1968Treaty on the Non-Pro-
liferation of Nuclear Weapons, and neither allows
full access to inspectors from the International
Atomic Energy Agency.
*Submitted by Blake Evans U

LLM PROGRAM FOR INTERNATIONAL LAWYERS LOYOLA

IMMERSION INU.S. LAW - INTERNATIONAL LAW WITH FOCUS OPTION UNIVERSITY CHICAGO

Advance your legal skills while enjoying a vibrant law school community in a world-class city. Loyola
University Chicago's Master of Laws program for international students offers you the flexibility to study U.S.
law or private and public international law. You may choose an additional focus in arbitration, mediation,
and negotiation; business and tax; child and family; competition; health; intellectual property; and trade
law-or design your focus specialty to match your interests and professional goals.
January andAugust enrollment . Tuition scholarship program - ESL on campus

intl-IIm-admissions@LUC.edu • 312.915.7091 • LUC.edu/law/InternationalLLM S CHOOL of LAV

ILSA Quarterly Y) volume 22 ) issue 1 October 2013