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The Seventh Annual Chautauqua Declaration
Published online by Cambridge University Press: 20 January 2017
Extract
From August 25 to 27, 2013, the Seventh Annual International Humanitarian Law Dialogs were held at the Chautauqua Institution in Lake Chautauqua, New York. Primarily organized by the Robert H. Jackson Center and cosponsored by other institutions and organizations including the American Society of International Law, the Dialogs bring together international criminal prosecutors, practitioners of international justice, scholars, NGO leaders, human rights activists, students, and members of the public to discuss pressing issues of international peace and justice.
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- Copyright © American Society of International Law 2014
References
* This text was reproduced and reformatted from the text provided by the Robert H. Jackson Center (April 17, 2014).
1 7th Annual International Humanitarian Law Dialogs, Aug. 25–27, 2013, 7th Chautauqua Declaration (Aug. 27, 2013) [hereinafter Declaration].
2 Syria Chemical Arms ‘Probably Used’ in Five Cases, UN Finds, BBC NEWS MIDDLE EAST (Dec. 12, 2013), http://www.bbc.co.uk/news/world-middle-east-25360088.
3 Egypt Crisis: Army Ousts President Mohammed Morsi, BBC NEWS MIDDLE EAST (July 4, 2013), http://www.bbc.co.uk/news/world-middle-east-23173794.
4 ICC: Libya’s Bids to Try Gaddafi, Sanussi, HUMAN RIGHTS WATCH (May 13, 2012), http://www.hrw.org/news/2013/05/13/qa-libya-and-international-criminal-court.
5 Harriet Sherwood, Israeli Settlements Approval Raises Tensions Before Middle East Peace Talks, THE GUARDIAN (Aug. 9, 2013), http://www.theguardian.com/world/2013/aug/09/israel-settlements-middle-east-talks.
6 The Aftermath of the Unrest in Turkey: Tear Gas as a Dangerous Weapon, THE ECONOMIST (July 5, 2013, 2:04 PM), http://www.economist.com/blogs/charlemagne/2013/07/aftermathunrest-turkey; Shaun Waterman, Syrian Contagion: Unrest and Violence Spread to Lebanon as Prime Minister Resigns,THEWASHINGTON TIMES (Mar. 25, 2013), http://www.washingtontimes.com/news/2013/mar/25/syrian-contagion-unrest-and-violence-spreadlebano/; Iraq Unrest: Deadly Blast at Baquba Political Rally, BBC NEWS MIDDLE EAST (Apr. 6, 2013), http://www.bbc.co.uk/news/world-middle-east-22051123.
7 Declaration, supra note 1, at 2.
8 INT’L CRIM. TRIB. FOR THE FORMER YUGOSLAVIA, The Mechanism for International Criminal Tribunals, available at http://www.icty.org/sid/10874.
9 The judgment was rendered later in the fall. See Prosecutor v. Charles Taylor, Case No. SCSL-03-01-A-1389, Appeals Judgment (Oct. 4, 2013).
10 Remington Whitcomb, Seventh Annual International Humanitarian Law Dialogs Conclude, THE POST-JOURNAL (Aug. 28, 2013), http://www.post-journal.com/page/content.detail/id/627369/Seventh-Annual-International-Humanitarian-Law-Dialogs-Conclude.html?nav=5057.
11 Bridget Kendall, Syria ‘Chemical Attack’: Distressing Footage UnderAnalysis,BBCWORLDNEWSMIDDLEEAST(Aug. 23, 2013), http://www.bbc.co.uk/news/world-middle-east-23806491.
12 Organisation for the Prohibition of Chemical Weapons, Note by the Technical Secretariat, Status of Participation in the Chemical Weapons Convention as at 21 May 2009, OPCW Doc. S/768/2009 (May 27, 2009), http://www.opcw.org/index.php?eID=dam_frontend_push&;docID=13069http://www.opcw.org/index.php?eid=dam_frontend_push&;docID_13069.
13 United Nations Office for Disarmament Affairs, Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, http://disarmament.un.org/treaties/t/1925 (last visited, Dec. 16, 2013).
14 Rule 74: Chemical Weapons, in 1 CUSTOMARY INTERNATIONAL HUMANITARIAN LAW: RULES 259 – 63 (Jean-Marie Henckaerts &; Louise Doswald-Beck, eds., 2005).
15 Id. at 263.
16 Id. at 260. The ICRC study is less categoric as regards prohibition of retaliatory uses, noting that a handful of states which entered reservations to the Geneva Gas Protocol stating that if an adverse party does not respect the Protocol, the ratifying State will no longer consider it bound by it, have not ratified the CWC which prohibits all uses of chemical weapons. Three of those states, however, have asserted that they will never use chemical weapons or are strongly committed to their elimination.
17 Declaration, supra note 1, at 1.
18 Prosecutor v. Tadić, Case No. IT-94-1-AR72, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, ¶ 124 (Appeals Chamber) (Int’l Crim. Trib. for the Former Yugoslavia Oct. 2, 1995).
19 Leila Sadat, The Interpretation of the Nuremberg Principles by the French Court of Cassation: From Touvier to Barbie and Back Again, 32 COLUM. J. TRANSNAT’L L. 289, 300–302 (1994) (formerly Leila Sadat Wexler).
20 S.C. Res 2118, U.N. Doc. S/RES/2118 (Sept. 27, 2013).
21 Of the 18 countries in the Middle and North African region, only 2 have ratified the ICC Statute: Jordan and Tunisia. U.N. TREATY COLLECTION, ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT, https://treaties.un.org/pages/ViewDetails.aspx?Src=TREATY&;mtdsg_no=XVIII-10&;chapter=18&;lang=en (last visited, Dec. 16, 2013).
22 S.C. Res 1970, U.N. Doc. S/RES/1970 (Feb. 26, 2011); S.C. Res 1973, U.N. Doc. S/RES/1973 (Mar. 17, 2011).