Archbishop Desmond Tutu will participate by video, along with Yasmin Sooka of the Foundation for Human Rights, South Africa, Susan Bissell, Global Chief of Child Protection for UNICEF, Sharanjeet Parmar of Global Rights, and Jens Meierhenrich of the Harvard University Department of Government.

Harvard Law School Dean Martha Minow will moderate.  The event will take place in the Ames Courtroom in Austin Hall from 12:00 – 1:00 pm.

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The clothing mandated by Aczimendi tarikatÿ religious order includes a turban, baggy pants, a tunic, and a stick. Applicants had been arrested in 1996 while walking to the Kocatepe Mosque in Ankara, and filed their petition with the ECtHR in 1997.

For more information, see here and here.

However, less than two weeks after the signing of the treaty, there are reports that the Sudanese government has begun an offense against other rebel groups in Darfur. These clashes have given weight to demands by NGOs and other international observers that the central government include other militant groups in the peace treaty process. It is unclear whether such a proposal would be feasible, as Jem has threatened to leave the peace talks if other rebel groups are included. As a result, despite the new treaty, the prospects for peace in Darfur remain uncertain.

For further information, please see here, here, and here.

In Guluyeva, Russia’s investigation into the abduction of Ramzan Guluyev, taken from his home in Chechnya on the night of Jule 12-13 2002, was suspended numerous times for Russia’s failure to identify the perpetrators. The Court awarded Mr. Guluyev’s mother 10,800 euros, and 65,000 euros to Mr. Guluyev’s mother and two sisters jointly, plus expenses. Mr. Guluyev remains missing.

Dubayev was brought by the father of Islam Dubayev and the mother of Roman Bersnukayev. Their respective sons disappeared after submitting to a Russian Amnesty Act exculpating them from criminal liability based on their involvement in an illegal anti-Russian group. The Russian government maintains that the two men have been released. The families filed missing person reports, but the government has denied them access to case-files, despite numerous suspensions of the investigations, because it claims that revealing case-files while the investigation is in progress would violate Russian rules of criminal procedure. The Court awarded 60,000 euros to each of the applicants, plus expenses.

The applicants in Guluyeva were represented by the International Protection Centre, and in Dubayev by the NGO EHRAC/Memorial Human Rights Centre.

The judgments will become final pending the procedural protocol of the Court.

For further information, see here. For the Court’s opinion in Guluyeva and Others v. Russia, see here. For the opinion in Dubayev and Bersnukayeva v. Russia, see here.

The prosecution, led by Luis Moreno-Ocampo, had produced statements of anonymous witnesses. However, the Chamber found the statements to be of diminished probative value as they could not be directly challenged by the defense. The Chamber further found them to be “weak and unreliable due to the many inconsistencies,” and held that they failed to establish substantial grounds to believe that Mr. Abu Garda participated in any common plan to attack the AMIS mission. Further allegations that Mr. Abu Garda was himself involved in the attacks were found insufficient as the witness statements did not establish that he was present at the time of the attacks.

The Chamber’s decision not to confirm the charges presents yet another setback to the ICC’s efforts regarding the Darfur situation. The issue of Darfur was first referred to the Court by Security Council Resolution 1593 on March 31, 2005, following an International Commission of Inquiry on Darfur. Of five defendants indicted in four separate cases relating to the region, four remain outside of the Court’s custody, including Sudanese President Omar Hassan Ahmad al-Bashir. The charge of genocide against Mr. al-Bashir’s also failed to gain confirmation by the pre-trial Chamber, although the appeals Chamber recently ordered lower court to reconsider its decision in light of additional and previously disregarded evidence.

It is expected that, as in the al-Bashir case, the ICC prosecutor will again seek to appeal the pre-trial Chamber’s decision on Mr. Abu Garda.

For more information, please see the Court’s press release (here) and the Chamber’s decision (here).

Previous talks have been derailed by a number of contentious issues; the most serious recent attempt at unification, in 2004, produced an agreement which was subsequently ratified in a referendum by the north but rejected, under the hard-line presidency of Tassos Papadopoulos, by the south. Papadopoulos has since been replaced by the more moderate Demetris Christofias, but the Turkish Cypriot leader, Mehmet Ali Talat, now faces a challenge in upcoming elections from a more hard-line candidate. This has ramped up the pressure for a solution, as has the fact that the ongoing stalemate has dimmed Turkey’s prospects in its own bid for EU accession.

Legal issues relating to the conflict stem originally from the question of whether the 1974 Turkish invasion was justified as a matter of international law. Greek Cypriots argue that the invasion was a clear violation of the UN Charter, which prohibits aggressive war; their argument is supported by the fact that no multilateral body authorized the action. Turkish Cypriots counter that Turkey’s response was justified, as a form of self-defense, by the prospect of the island’s annexation to Greece, and, as a form of humanitarian intervention, by longstanding intercommunal violence directed toward the Turkish-speaking minority. Going forward, both political and legal solutions will be needed to address issues including the division of contested territory, the presence of Turkish forces, reparations for lost property, and power sharing under a proposed federation.

For more information, please click here.

Speaking at the World Economic Forum in Davos, Switzerland, South African trade minister Rob Davies cited the presence of relatively junior American officials at an ongoing round of trade talks and American refusal to base its present bargaining positions on prior compromises reached as part of the Doha Development Round negotiations as evidence that the United States is unlikely to be part of any trade agreement reached this year.  Davies also noted domestic political opposition as a factor in American hesitancy to reach a trade deal.

Rachid Mohamed Rachid, trade minister of Egypt, also recently stated that he doubted that the United States would be part of a trade agreement this year.

Developing nations had been pressing the World Trade Organization for an agreement limiting industrialized nations’ ability to subsidize agricultural exports, among other provisions.  Such an agreement now appears unlikely.

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The program is sponsored by the Harvard Law School Office of the Dean, International Legal Studies Program, and Office of Public Interest Advising.

For more information, please click here.

Firstly, the Treaty of Lisbon opens the way for the European Union’s participation in the European Convention on Human Rights, strengthening the role of human rights in Europe. Dedicated “to enhancing the efficiency and democratic legitimacy of the Union and to improving the coherence of its action,” the treaty was written in 2007. It entered into force in December 2009, a month after it was ratified by the last remaining member of the European Union, the Czech Republic. The treaty amends the Treaty on the European Union and the Treaty Establishing the European Community into a constitutional-type document intended to strengthen and guide the European Union.

Secondly, in January Russia ratified Protocol 14 of the European Convention for the Protection of Human Rights, which is designed to overhaul the procedures of the ECHR. Russia was the last of the forty-seven members of the Council of Europe to ratify the Protocol, which has been on the table since 2006.

Finally, in February 2010 a conference on the future of the ECHR will be held in Interlaken, Switzerland. The conference will draw together member states to celebrate the 50^th anniversary of the ECHR and to reaffirm their commitment to the protection of human rights in Europe, while outlining a roadmap for the Court’s future development. Currently, more than 100,000 cases are pending before the Court.

For further information, please click here, here, and here.

Despite the concerns of members like Indonesia over the impact that the agreement will have on domestic industry, ASEAN is confident that China will act cooperatively in order to ensure mutual gains. The State Councilor of the People’s Republic of China, H.E. Dai Bingguo, recently met with the ASEAN Secretariat to discuss China’s commitment to aid in the transition process, confirming China’s position in a speech before more than 300 dignitaries. This was the first time that a high-level Chinese Diplomat visited the ASEAN Secretariat.

Further, as the Secretary General of ASEAN notes, there are mechanisms such as anti-dumping safeguards in the FTA to protect the domestic markets of ASEAN member states.

For further information, please click here.