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Volume 8, Spring 2008

Court/Tribunal: International Criminal Court
Cases: Prosecutor v. Thomas Lubanga Dyilo (update) & Prosecutor v. Germain Katanga
Written by: Moshe Zvi Marvit & Michelle Olson

            The case Prosecutor v. Thomas Lubanga Dyilo is scheduled to commence on March 31, 2008 at the International Criminal Court (ICC) in the Hague after two years of pre-trial determinations. Mr. Lubango Dyilo allegedly founded the Union des Patriotes Congolais (UPC) and the Forces Patriotiques pour la Liberation du Congo (FPLC) in the Democratic Republic of Congo during the Second Congo War.  The Second Congo War was the largest in modern African history and directly involved eight African nations and 25 different armed groups. By 2008 the war and its aftermath had killed 5.4 million people, many from disease and starvation. Millions more were displaced from their homes or sought asylum in neighboring countries. Read more...

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Court/Tribunal: European Court of Human Rights
Case: Saadi v. United Kingdom
Written by: Gabriel Siehr

            Mr. Shayan Baram Saadi (“the applicant”), an Iraqi national, brought an individual application claim in the Grand Chamber of the European Court of Human Rights (“Grand Chamber”) against the United Kingdom of Great Britain and Northern Ireland (“UK”) alleging illegal detention in violation of Article 5(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”).  The applicant further claimed that he was given inadequate reasons for the detention in violation of Article 5(2) of the Convention.  On January 29, 2008, the Grand Chamber held eleven votes to six that the UK had not violated Article 5(1).  The Grand Chamber, however, held unanimously that there had been a violation of Article 5(2). Read more...

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Court/Tribunal: International Court of Justice
Case: Territorial and Maritime Dispute (Nicaragua v. Colombia)
Written by: David Pustilnik

            The International Court of Justice (“ICJ”) is currently hearing the case of Nicaragua v. Colombia regarding a territorial and maritime dispute over islands off the coast of Central America.  On December 6, 2001, Nicaragua instituted proceedings against Colombia asserting title to several coastal reefs and disputing the maritime delimitation of the reefs.  On December 13, 2007, Colombia filed its Preliminary Objections to Nicaragua's Application with the ICJ. Read more...

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