Cultural Property & ICRC
Saturday, March 30, 2013
IHL- Second Assignment
IHL Second Assignment
BACHELOR OF LAWS EXAMINATION – YEAR III 2012/2013
International Humanitarian Law
Second Assignment
Take Home
(15 Marks)
You are an
intern at a Colombo-based NGO working on International Humanitarian Law. Your
supervisor has asked you to prepare a file on THE PROTECTION OF CULTURAL
PROPERTY DURING WAR for the NGO staff to refer to for upcoming workshops and
training programs on the same topic.
You have been
asked to include the following items and documents in this file:
- The international legal framework on the protection of cultural property during war
- Whether Sri Lankan domestic law is in accordance with the international standards
- Information on the work of the international and local organizations on this area of law
- Information on recent publications and reports on the topic (A bibliography)
- Examples of both the protection of and the failure to protect cultural property during war.
= 10 Marks
You supervisor
also requires that your file include
- A contents page
- A summary of the contents of the file (not more than 3 pages) which provides a brief overview of this area of IHL.
Summary = 3
Marks
The contents
page and systematic organization of the material in the file = 2 Marks
Date of Submission: Monday 13th of May 2013
Wednesday, March 27, 2013
Tuesday, March 26, 2013
Thursday, March 21, 2013
The ICC - Kenyan president-elect Uhuru Kenyatta
The ICC will not drop the crimes against humanity charges against Kenyan president-elect Uhuru Kenyatta, the court's chief prosecutor has said
The chief prosecutor of the
International Criminal Court (ICC) (SANG- HYUN-SONG) said on Wednesday that Kenya
president-elect Uhuru Kenyatta would face a trial on charges of crimes against
humanity but when that would happen was unknown.
Kenyatta,
whose election earlier this month is being challenged by his rival, faces
charges at the ICC over bloodshed in the aftermath of Kenya's 2007 election.
However,
his lawyers said on Monday that the charges against him should be dropped after
the case against a co-accused collapsed when an important witness's testimony
was retracted.
"We will not drop
the charges," Fatou Bensouda told reporters in Paris, saying it was only a
question of when, not if, he goes to trial.
Kenyatta (51) stands
accused of orchestrating deadly violence that followed disputed polls five
years ago. He was named Kenya's new president in a closely-fought election this
month, though his main rival has filed a legal challenge against the win.
Bensouda said she deplored
the lack of co-operation from the Kenyan government in the International
Criminal Court cases related to the East African country, which she said
suffered from witness intimidation.
"Kenya is the most
challenging situation our office has had to deal with," she said.
Lawyers for Kenyatta on
Monday urged the ICC to dismiss the case against him after prosecutors last
week dramatically dropped all charges against Kenyatta's co-accused after a key
witness withdrew testimony.
It was the first time ICC
prosecutors decided to drop a case since the world's first permanent
independent war crimes court began operating in 2002.
Should the charges against Kenyatta stand, he will become the first-ever president to have to fly off to The Hague to face a trial that could last at least two years shortly after taking office.
Kenyatta, one of Africa's
richest and most powerful men, was declared the president just over a week ago following the
first elections after the African country's post-poll unrest five years ago in
which ICC prosecutors say some 1 100 people were killed.
Prosecutors suspect Kenyatta
of having paid the Mungiki, a sect-like criminal gang notorious for beheading
its victims, to lead reprisal attacks and defend the Kikuyu community when
violence ripped through the country.
Kenyatta denies the
allegations.
His trial is scheduled to
begin in July and he has repeatedly vowed to co-operate with the legal
proceedings.
Francis Muthaura
The evidence against Kenyatta's co-accused, top civil servant Francis Muthaura, was critically undermined when a key prosecution witness, known as "OTP-4", recanted earlier testimony.
Lawyer Steven Kay on Monday
said the five charges against Kenyatta, including rape and murder, should now
also be reconsidered.
Because of the withdrawal of
that witness "this matter has to go back for reconfirmation by the
pre-trial chamber", Kay told the court, saying this
witness' statement "is the backbone of the prosecution's case from
the beginning to end".
"To a certain extent we
have lost faith in the decision-making as we warned the pre-trial chamber of
the quality of the evidence and we were ignored," Kay said.
More than 663 000 people were
displaced in Kenya's Rift Valley five years ago after fights between rival
supporters, prosecutors said, when politically motivated riots soon turned into
ethnic killings, which in turn sparked further reprisals.
The clashes destroyed Kenya's
image as a beacon of stability in the region, hurt its tourism industry and
exposed long-simmering ethnic rifts among its population. – Sapa-AFP
Resolution on Sri Lanka adopted at the UNHRC
Resolution on Sri Lanka adopted at the UNHRC with the votes of 25 countries
Thu, Mar 21, 2013, 07:18 pm SL Time
Mar 21, Geneva: The United Nations Human Rights Council (UNHRC) on Thursday adopted the resolution sponsored by the United States with 25 votes in favor, 13 against and 8 abstentions.
Adopting the resolution, the 47-member UNHRC reiterated its call made in the resolution adopted last year for Sri Lanka to effectively implement the constructive recommendations made in the report of the Lessons Learnt and Reconciliation Commission (LLRC) and to take all necessary measures to initiate credible and independent actions to ensure justice, equity, accountability and reconciliation for all Sri Lankans.
Tabling the resolution Promoting reconciliation and accountability in Sri Lanka which is a follow up of last year's resolution 19/2, the United States said Sri Lanka must take meaningful action on reconciliation and accountability and address the growing concerns over the deteriorating human rights situation.
The resolution welcomed and acknowledged important progress that has been made in certain areas in Sri Lanka, but also recognized that much has to be done. The U.S. said it stands ready to assist Sri Lanka with this "vital work".
India along with 24 other countries voted for the resolution while Japan and Malaysia abstained from voting. Congo, Ecuador, Indonesia, Kuwait, Maldives, Mauritania, Pakistan, Philippines, Qatar, Thailand, Uganda, United Arab Emirates and Venezuela voted against the resolution.
Angola, Botswana, Burkina Faso, Ethiopia, Kazakhstan, and Kenya also abstained from voting.
The resolution adopted today welcomed the report of the Office of the United Nations High Commissioner for Human Rights (OHCHR) on advice and technical assistance for the Sri Lankan government on promoting reconciliation and accountability in Sri Lanka and its recommendations and conclusions, in particular on the establishment of a truth-seeking mechanism as an integral part of a more comprehensive and inclusive approach to transitional justice.
The resolution called for the Sri Lankan government to cooperate with special procedures mandate holders and to respond formally to their outstanding requests, including by extending invitations and providing access. It encourages the OHCHR and relevant special procedures mandate holders to provide, in consultation with and with the concurrence of the Government of Sri Lanka, advice and technical assistance on implementing the measures recommended. The resolution also requests the OHCHR, with input from relevant special procedures mandate holders, as appropriate, to present an oral update to the Human Rights Council at its 24th session, and a comprehensive report followed by a discussion on the implementation of the present resolution at its 25th session.
See Further:
http://www.colombopage.com/archive_13A/Mar21_1363873729CH.php
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