International Court Of Justice Essay Example For Students

International Court Of Justice Essay Michelle Gowka04/26/01PL SC 14HS. BremerOverviewThe issue of international terrorism is one that has engulfed the global community. With terrorism on the increase, we have seen that its importance has increased. Whether domestic or international in nature, terrorism is having an ever-increasing impact upon the international community. The United States has fallen victim to acts of terrorism recently, most notably the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, OK, and the 1998 bombings of U.S. Embassies in Kenya and Tanzania. Upon investigation, it was revealed that the embassy bombings were linked to Osama Bin Laden, a former Saudi Arabian National whose excessive bank accounts fund a worldwide terrorist operation. Further investigation revealed that Bin Laden was living in Afghanistan in a camp protected by his own 200-man private army and a sub-unit of the Taliban, a quasi-religious organization operating within Afghanistans borders (MSNBC, 10/12/99). T he United States, backed by other nations who have had terrorist attacks related to Bin Laden, appealed to the United Nations Security Council to call for the extradition of Osama Bin Laden for trial. In response to the request, the United Nations Security Council unanimously adopted resolution 1267 on October 15, 1999. The resolution called for sanctions to be placed on Afghanistan effective November 14, 1999 unless the Taliban turned over suspected terrorist Osama Bin Laden to the appropriate authorities. Bin Laden is currently a suspect in financing terrorist activities in nation-states such as Algeria, Jordan, Egypt, Israel, Kenya, and even the United States of America. Worldwide intelligence networks have been attempting to maintain constant surveillance of him in order to help deter further acts. However, he is still free, protected by the Taliban, who share many of the same fundamentalist beliefs with him. International Law has established several procedures for the extradition and trial of international terrorists. Currently, there are eleven documents of international law, which address the issue states responsibility for combating terrorism (USIA, Feb. 1999). Bearing in mind the precedence established in international law as well as the nature of these activities that have been associated with Osama Bin Laden, it is appropriate to impose sanctions upon the Taliban for the surrender of Osama Bin Laden to the proper authorities. I.History of International TerrorismInternational terrorism has changed in structure and design over the centuries. Jewish zealots conducted campaigns against the Romans in the first century AD, and the Hashshashin, a Shiah Muslim group who gave us the word assassin, systematically murdered those in positions and leadership during the 19th century (CSIS, July 1999). The modern age of terrorism began in the 1960s. International terrorism in its current form began in 1968. As the 1970s passed by, the explosion of extremist groups and related incidents sparked a new awareness of the dangers of terrorism. In the 1980s, Canada was the victim of several terrorist attacks carried out by Armenian and Sikh extremists, including a bombing of an Air India flight originating in Toronto, which exploded off the coast of Ireland, killing 329 people (CSIS, July 1999). The 1995 Sarin gas attack by the Aum Shinrikyo Cult in a Tokyo subway marked a new threshold in international terrorism. For the firs t time, people began to realize that similar groups could use weapons of mass destruction or plan attacks to inflict maximum casualties. The long-term effects of exposure are yet to be determined, but preliminary tests of eighteen victims conducted in January 1998 showed that their sense of balance was affected by the nerve gas (ACOEM, January 1998). II. Status of Bin LadenAt present, Bin Laden controls a comprehensive international terrorist network, all financed through Bin Ladens personal fortune. His headquarters are located in Afghanistan, and are protected by numerous Taliban soldiers. While tensions between Bin Laden and Taliban members have become strained since August 1998, he nonetheless has remained free from capture to this point. However, Security Council Resolution 1267 does indeed call for Afghanistan to turn him over to the proper international authorities. Bin Laden is officially a man without a country, as Saudi Arabia pulled his passport in 1994 amidst allegations of financing subversive activities in Egypt, Algeria, and Yemen. Bin Laden fled to Sudan, where he began working with the National Islamic Front (NIF), led by Hassan al-Turabi. While in the Sudan, he financed three terrorist training camps in cooperation with the NIF (ERRI, June 1998). After May 1996, his exact whereabouts have been unknown, with rumors placing him in places such as Yemen, in Saudi Arabia with a false passport, even captured by the Afghanistan government. Bin Laden issued three Fatwas calling for a Holy War against U.S. Forces in April 1996, February 1997, and February 1998. He is currently suspected in acts including the World Trade Center bombing, a Saudi Arabian National Guard base in Riyadh, Saudi Arabia, and U.S. embassies in Kenya and Tanzania (MSNBC, 10/12/99). III. Applicability of International LawCurrent international law, even precedence established by this very court, indicates that the process of bringing Osama Bin Laden to trial is legal. Numerous conventions and treaties support this action, both globally and regionally as well. The first convention which applies is the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, brought into effect on February 20, 1977, with 26 signatories and 126 parties to it. This convention can be applied specifically to the 1998 bombings of the U.S. embassies in Kenya and Tanzania. Article I of the Convention defines internationally protected persons as any representative or official of a State or any official or other agent of an international organization of an intergovernmental character who, at the time when and in the place where a crime against him, his official premises, his private accommodation or his means of transport is committed, is entitled pursuant to international law to special protection from any attack on his person, freedom or dignity, as well as members of his family forming part of his household. Bearing in mind the fact that these bombings did occur at official buildings, these acts fall under this convention. Article 7 further states that the nation-state which houses the alleged offender shall either extradite him for trial or hold a trial on their own soil. This treaty lays out the definition of protected persons and establishes a code of conduct for bringing such criminals to trial. In the play Macbeth by William Shakespeare, Lady M Essay2.Who has jurisdiction over Bin Laden?This question was also interesting in that it called into question who should be responsible for trying Bin Laden if he is brought up for trial. Since the bombings in question took place in Kenya and Tanzania, the committee thought that they would have had first opportunity to try him. However, the fact that these bombings took place at United States Embassies meant that the US also had jurisdiction. This fact, although unimportant in the end, was largely ignored after brought up briefly in the beginning of the session. Another question affecting the jurisdiction issue was the question of whether or not the Taliban was the de facto government of Afghanistan. The fact that the Afghan representatives were not from the Taliban clouded this issue amidst questions of command, control, and recognition. This question was ultimately split, as the voting members of the committee (Kenya/Tanzania, Saudi Arabia and Afghanistan excluded) could not reach consensus on whether the Taliban or the United States should have jurisdiction in this case. The Taliban had apparently made overtures to United States officials regarding a deal, but the US refusal to come to terms left questions. The answer to this question was ultimately determined with the next question. 3.Should Osama Bin Laden be extradited?The question of whether Osama Bin Laden should be extradited was yet another point of contention. Since the Taliban was receiving little or no cooperation from other nations in terms of gathering evidence from which to begin court proceedings, it was determined that the Taliban should not be forced to extradite him at the present time. However, the members of the committee were quick to point out that while Bin Laden should not be extradited at this time, measures should be taken to extradite him if the Taliban fails to begin court proceedings within a reasonable timeframe of undetermined duration. This question took into account the previous two questions, which when combined led to the final question of the evening. 4.Was the decision to impose sanctions on the Taliban legal?The question at hand is the one the International Court of Justice Special Advisory Committee was asked to answer. Whether or not this action was legal under international law could mean the difference between success and failure in terms of finding a way to bring Osama Bin Laden to trial for these bombings. The committee decided by a 5-1 margin that the sanctions were not legal under international law. As an interested party, I was unable to vote, but I felt that the committee had made the proper decision given the available information with a few exceptions. The committee, prodded by the Justice from Afghanistan, considered Article 33 to be above and beyond anything outlined elsewhere in the Charter. This meant that the question was only considered from the one perspective, and not from the perspective of Article 44, which was also brought up for discussion.Additionally, the fact that we had no clear information regarding whether or not Kenya and Tanzania had given up their right to try Bin Laden left the committee with questions regarding who had jurisdiction over the case if it was ever brought forth. Finally, the fact that most of the justices agreed that there was insufficient information to determine whether all other measures were taken first was troublesome. I felt that without sufficient information either confirming or denying that other steps has previously been taken, the decision to rule on the question at all would set a dangerous precedent if carried out in the real international Court of Justice. Therefore, I felt that any decision should have been made only after information was found clearly outlining what measures had and had not been taken by the United States and the Taliban in resolving this dispute. In conclusion, I felt that while the ICJ members did an exceptional job in disseminating information and utilizing international law to make a determination regarding the legality of imposing sanctions, there should have been more information available to make this determination. In most legal systems, attempts are made to obtain all available evidence before making judicial decisions, and I believe that more information was needed, because I still have numerous questions regarding this issue on the whole. BibliographyAmerican College of Occupational and Environmental Medicine. Tokyo Subway Gas Victims Experience Balance Damage. Chicago: ACOEM, 1998. http://www.acoem.org/news/news20.htmCanadian Security and Intelligence Service. Counter-Terrorism.Ottawa: CSIS, 1999. http://csis-scrs.gc.ca/eng/backgrnd/back8e.htmlEmergency Response and Research Institute. ERRI Terrorist Group Profile Special Report: Usamah Bin Mohammed Bin Laden (Osama bin-Laden). Chicago: ERRI, 1998. http://www.emergency.com/bldn0798.htmOrganization of the Islamic Conference. Convention of the Organization of the Islamic Conference on Combating International Terrorism. Tehran: OIC, December 1997. MSNBC. Life on the Run With Osama Bin Laden. New York: MSNBC, June 30, 1999. http://www.msnbc.com/news/284591.asp?c1=1United Nations Security Council. Security Council Resolutions 1189, 1193, 1214, 1267, 1269. New York: United Nations, 1998-1999. United Nations. Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents. New York: United Nations, 1977. United Nations. International Convention for the Suppression of Terrorist Bombings. New York: United Nations, 1997. United Nations. United Nations Charter. San Francisco: United Nations, 1945. http://www.un.org/aboutun/charter