Transnational Terrorism, Security and the Rule of Law

Book: Captive Institutions

What do Chileans think of the Armed Forces since the death of Augusto Pinochet?
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Forum Europe-Latin America

International Criminal Justice & post conflict

African mistrust of "Northern Justice"

By Vidal Martín (19/12/2008)

Recelos africanos ante la "justicia del Norte"
Stan Honda/AFP/Getty Images
International justice as a whole focuses primarily on the African continent: the International Criminal Court, various international tribunals and, more recently, universal justice too. Faced with this situation, while the West contemplates the role of the international community, Africa is protesting.

International Criminal Justice & post conflict

International justice and the diplomatic struggle over Darfur

By Isabelle Birambaux (19/12/2008)

In July 2008, the International Criminal Court accused the president of Sudan of fuelling the genocide in Darfur. Such an action could be a means of putting pressure on the Sudanese government to accept the presence of international forces in the area and to put an end to the attacks on the civilian population. At the same time, there are other interests at stake (concerning oil and geopolitics) which countries such as France and China are involved in, and which affect decisions made by the UN Security Council.

International Criminal Justice & post conflict

Accountability and complementarity between courts

By Mónica Martínez (21/10/2008)

 Getty Images
Since the beginning of the 1990s, a new culture of accountability and defence of
human rights has increasingly been established.
International will in favour of such a move serves to confirm the link between international systems of accountability and the maintenance of peace and security.

Terrorism & Rule of Law

The Afghanistan-Pakistán nexus

By Robert Matthews (20/10/2008)

Pakistan, a country that Newsweek headlined in late 2007 as “the most dangerous country on earth”, has become perceptibly more dangerous.

International Criminal Justice & post conflict

European efforts in transitional justice

By María Avello (03/09/2008)

J.Vrijdag/AFP/Getty Images

Over the last few years, Europe has reacted in different ways to the need for accountability that arises in countries and regions emerging from a conflict. This paper analyse the initiatives which have been undertaken by both the EU and the countries themselves in their internal legislation.

 

International Criminal Justice & post conflict

Seeking Accountability for Sexual Crimes in Post-Conflict Situations

By Fionnuala Ni Eigeartaigh (14/07/2008)

Spencer Platt/Getty Images
The systematic use of extreme violence, in particular sexual violence, in conflict and post-conflict situations raises the pressing question of how to end the cycle of impunity. On 13 and 14 May 2008, representatives of the International Criminal Court and the ad hoc tribunals, Office of the United Nations High Commissioner for Human Rights, human rights organisations, and the European Parliament were brought together.

 

 

 

Terrorism & Rule of Law

Legality and legitimacy in the use of force

By Natalia Alvarez Molinero (07/07/2008)

Jayel Aheram, Flick
This article analyses the juridical arguments and the international trends which have brought on the current reformulation of International Law since the terrorist attacks of the 11th of September 2001.

 

 

International Criminal Justice & post conflict

Paramilitary demobilisation in Colombia: between peace and justice

By Felipe Gómez Isa (25/04/2008)

Getty Images
As Colombia seeks to resolve its long-running internal conflict, the country finds itself performing a precarious balancing act between the need for peace and the need for justice.
This working paper explores the international legal framework with regards to justice, truth and reparation and asks to what extent Colombia’s very own tailor-made framework is in line with these parameters.

Terrorism & Rule of Law

Al Banna and Deghayes: were they innocent all along, or did Guantánamo make them so?

By Luisa Barrenechea (10/03/2008)

The return of these two refugees in Britain has focussed attention on Guantanamo, and the exceptional circumstances of some of the inmates there, once again. The case of Jamil Al Banna and Omar Deghayes, who were the subject of a European arrest warrant alleging their involvement in an Al-Qaeda cell in Spain, provokes important questions about the limitations of the fight against terrorism.

International Criminal Justice & post conflict

Transitional justice: a European perspective

By María Avello (18/12/2007)

ICC's President, Philippe Kirsch, and the EU's High Representative for CFSP, Javier Solana, in June this year
Gerard Cerles/AFP/Getty Images
The author examines the history of transitional justice and the way the concept has evolved over the years. It also explores the specific legal interpretations that have been applied to it and how these have played out in recent political contexts. Finally, it offers some recommendations for how it should be integrated into EU policies, both foreign and domestic.

International Criminal Justice & post conflict

The two faces of impunity: the EU and International Criminal Court

By Vidal Martín (05/12/2007)

Since its creation in 1998, the European Union has offered numerous gestures of support to the International Criminal Court, a fact which has been clearly manifested at the institutional level. The EU has also been criticised by a number of states over the same period, either because of the form its support has taken, because there is not enough of it, or finally, because it is seen as trying to “appropriate” the ICC for itself.

International Criminal Justice & post conflict

The Role of Women in the Northern Ireland Peace Process

By Vidal Martín (20/04/2007)

After several ups and downs, the Northern Ireland peace process represents an exception to the European norm. It is the only peace process with clear prospects of stability, and at the same time, the only long term conflict to which, after numerous decades, resolution seems possible.

Human rights

Cuenca Colloquium on International Refugee Law - Expert Meeting

By Luis Peral (29/09/2006)

On 18-21 April, 2006, the Cuenca Colloquium on International Refugee Law took place,with the objective of analysing the evolution of international refugee law and making proposals for action in this field, particularly taking into account the design and implementation of the European Union common policy on migration and asylum.

International Criminal Justice & post conflict

In no man's land. Internally displaced persons and refugees in Lebanon

By Vidal Martín (25/08/2006)

Almost a million people were affected by the Israeli offensive in Lebanon. Many of them are languishing in a legal vacuum since they cannot be classified as refugees or internally displaced people.

International Criminal Justice & post conflict

International humanitarian law and possible models of intervention in Lebanon

By Mariano Aguirre Ernst, Vidal Martín (17/07/2006)

The conflict in Lebanon is undermining a part of the State and seriously affecting civil society, which, at the start of the conflict, was already in a fragile long post-war situation, as the rest of the region was.