Yale Law Library - Foreign and International Blog : international law

After Genocide - Rwanda & Beyond

Teresa Miguel — Wed, 15 Apr 2009 01:39:00 GMT

Our very own Zachary D. Kaufman, YLS JD Candidate '09, will be giving a book talk this Friday, April 17, 2009, at 4:00pm, in the Law Library's L3 Periodical Reading Room. Zach, an Olin Fellow and editor-in-chief of the Yale Law & Policy Review edited After Genocide: Transitional Justice, Post-Conflict Reconstruction, and Reconciliation in Rwanda and Beyond with Philip Clark, research fellow at the Centre for Socio-Legal Studies, University of Oxford, and co-founder of Oxford Transitional Justice Research.

In After Genocide, published by Columbia University Press, ". . . leading scholars and practitioners analyze the political, legal, and regional impact of events in post-genocide Rwanda within the broader themes of transitional justice, reconstruction, and reconciliation."

The book includes ". . . chapters from Rwandan academics and practitioners, such as Tom Ndahiro, Solomon Nsabiyera Gasana, and Jean Baptiste Kayigamba—all of whom are also survivors of the 1994 genocide—and draws on their personal experiences. After Genocide constitutes the most comprehensive survey to date of issues related to post-genocide Rwanda and transitional justice." Read a more complete description of the book.

After Genocide is not on our shelves yet, but it will be very soon!

On a related note, to start researching the domestic law of Rwanda, begin with our Country-by-Country guide. A nice portal to Rwandan legislation is Lexadin's World Law Guide. Also, a simple Morris "Call Number" search for Rwanda -- KTD --will return a list of titles that have been assigned to Rwandan law. Other human rights materials related to Rwanda are found elsewhere in the library collection. A Morris Subject Heading" search, human rights rwanda, will return more resources cataloged primarily under human rights rather than strictly Rwandan law.

Treaty Research with Flare

Teresa Miguel — Fri, 03 Apr 2009 00:15:00 GMT

The Institute of Advanced Legal Studies has released a new easy-to-use treaty index: FIT, the Flare Index to Treaties.

FIT is searchable by any one or a combination of the following:

keywords drawn from the official, popular and alternative titles which have been used for each treaty
additional keywords relevant to the subject matter or organisations associated with the treaty
the date on which the treaty was concluded
the place where the treaty was concluded

For example, a free-text search for "genocide" will redirect you to the Convention on the Prevention and Punishment of the Crime of Genocide. When you click on the Convention, you'll discover that the treaty was concluded on 9/12/1958 in New York, and is published at 78 UNTS 277 (and many other places). There are also several links that will take you to the full-text of the convention.

For more resources related to treaty research, including a drafting history (travaux preparatoires) research guide and an annotated list of databases, see the Yale Foreign and International Resources page.

Treaties and Other International Acts Series (TIAS)

Teresa Miguel — Thu, 06 Nov 2008 19:27:00 GMT

The State Deparment recently began publishing online the Treaties and Other International Acts Series (TIAS). This website is open-access and a work-in-progress. As of today there are only treaties from the years 1996 - 1998. The treaties are available in pdf. UPDATE: TIAS is now available up to 2001.

You can find scanned pdfs of the TIAS print volumes on HeinOnline from 1982 - 1996. UPDATE: TIAS is now available up to 2000.

The print volumes of TIAS are available on L1 (KZ235.32 .U55) but have only been published up to 1998.

War Crimes Research Portal and Webcasts

Teresa Miguel — Tue, 04 Nov 2008 02:03:00 GMT

The Frederick K. Cox International Law Center at Case Western Reserve law school has developed an exiting new War Crimes Research Portal. The portal has four features:

the portal contains over a thousand links to websites related to international humanitarian law, arranged alphabetically by subject area and including a summary of the content of each site;
the portal contains the text of over 120 research memoranda on issues pending before the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, and the International Criminal Court. The memos can be searched by date published, title, or keywords. (Cites to the memos should take the following form: [Author’s name], [Title of Memo], Research Memorandum Prepared for the Office of the Prosecutor of the [Name of Tribunal], [Date].);
there is a Research Guide to international humanitarian law and tribunals, prepared by the Case Law School Law Library, which includes a bibliography of relevant articles and books, as well as links to international law journals on the Web;
the portal contains "instant analysis" articles, written each month by the members of the American Branch of the International Association of Penal Law, on the hottest topics in international criminal law.

Frederick K. Cox International Law Center also has webcasts available of recent events:

War Crimes Research Symposium: The International Criminal Court and the Crime of Aggression
Speakers: M. Cherif Bassiouni, Mark Ellis, Don Ferencz, William Schabas and many more
http://law.case.edu/lectures/webcast.asp?dt=20080926
Klatsky Seminar in Human Rights: The Future of Human Rights
Speaker Information: Geoffrey Robertson, Queen's Counsel, formerly of the SCSL
http://law.case.edu/lectures/webcast.asp?dt=20081106

When searching for books on war crimes and humanitarian law in Morris, try searching by the following Subject Headings:

war crime trials
war (international law)
guerillas (international law)

HeinOnline's new United Nations Law Collection

Teresa Miguel — Sat, 01 Nov 2008 18:52:00 GMT

HeinOnline is a subscription database collection available to the Yale community.*

HeinOnline's United Nations Law Collection will allow you to access UN research materials quickly and easily using the Finding Aids available from the collection home page. The Finding Aids include the ability to:

Find and retrieve a UN Treaty by entering the UNTS Citation
Search for a UN Treaty by treaty/registration number, country, short title, popular name and more
Search by subject, as all treaties have been assigned a Kavass Subject
Find and link directly to law review articles that cite a UN Treaty

Hein has also developed user guides, video tutorials, FAQ’s, and more. Training Resources Include:

Quick Reference Guide (PDF format): http://heinonline.org/HeinDocs/UN_QuickRefGuide.pdf
Video Tutorial: http://www.screencast.com/t/JN7N3S57
United Nations Law Collection Wiki Page: http://heinonline.org/wiki/index.php/HeinOnlineLibSpec:United_Nations

The United Nations Law Collection Wiki page contains links to the Quick Reference Guide, Video Tutorial, FAQs, How-To information, search examples, and more!

Hein further invites users to collaborate and join in discussions via HeinOnline’s 2.0 Community. Friend Hein on Facebook, collaborate on Hein's Wiki, subscribe to Hein's Blog, watch Hein on YouTube, or follow Hein on Twitter!

Visit Hein at http://www.heinonline.org/home/training/Educational_Resources.html to find out more about our virtual community.

*In order to access HeinOnline and other Yale subscription database from off-campus, you must be connected to the Yale network via VPN.

International Video Law Library

Teresa Miguel — Thu, 30 Oct 2008 01:39:00 GMT

The International Video Law Library is a fantastic place to find, listen to, and watch leading experts in the field discuss substantive international law issues. Also within the International Video Law Library is the Human Rights Video Library.

Some of the lectures in the library include:

Thomas Buergenthal, Judge at the International Court of Justice, speaks about reservations to treaties.

Philippe Kirsch, President of the International Criminal Court, for an interview in September 2005 in which he introduced himself, and went on to give the historical background of the creation of the International Criminal Court. President Kirsch then when on to explain how the Court functions, its structure, and finally gave a status report of the Court's activites as of 2005.
James Crawford , Whewell Professor of International Law, University of Cambridge, considers his time at the UN International Law Commission as part of the Working Group on an International Criminal Court and the drafting of the 1994 Draft Statute for an International Criminal Court. The 1994 ILC Draft was source of the drafting process which ultimately lead to the 1998 Rome Diplomatic Conference and the creation of the International Criminal Court.
Judge Navanethem Pillay, President of the International Criminal for Rwanda Tribunal (1999 - 2003) and later Judge of the International Criminal Court introduces herself and explains why the Rwanda Tribunal was established. Judge Pillay speaks about the legacy which the ICTR will leave in respect to the evolution of international jursiprudence, and discusses the means by which the ICTR will finish its work.
Christine Chinkin, Professor of International Law at the London School of Economics and Political Science (LSE), discusses the feminist approach to international law.

There are many more. Enjoy!

Of course the Yale Law Library has a fantastic print and electronic international law library. For a list of our electronic international law resources, go to our webpage of Foreign, International and Transnational Law Resources. Our international law reference books, treatises, looseleafs, and monographs are in the compact and open shelving areas and reading room on L1 as well as the Upper East Side. The librarians are more than happy to assist you with your international legal research!

EU and Cuba Renew Relations

Teresa Miguel — Mon, 27 Oct 2008 01:52:00 GMT

The BBC recently reported that the EU and Cuba have formally renewed ties that were severed 5 years ago following "a mass arrest of dissidents." Cuba will now receive 2 million Euros of aid for the hurricanes that swept over the island this summer; aid will increase to 30 million Euros next year.

The Yale Law Library purchases Cuban legal materials whenever possible, in both English and Spanish. You can find Cuban materials on the Lower East Side (LES), Call No. KGN. See, for example:

The Role of the Judiciary in Post-Castro Cuba - KGH2545 .S26 2003
Instrumentos internacionales sobre derechos humanos ratificados por Cuba - KGN3003 .I57 2001
La protección del medio ambiente en Cuba - KGN3305 .A67 C66 2005

Of course we also collect interdisciplinary materials involving Cuba and the United States. Try a Subject Heading search in our Morris catalog:

Cuba - Foreign Relations - United States; or
Cuba - Foreign Economic Relations - United States
When you pull up an item record on Morris, click on any of the Subjects Headings to view other related Subject Headings. Click again on any of the Subject Headings to find related books.

For a compilation of treaties involving Cuba, try another Subject Heading search: Cuba - Foreign Relations - Treaties . Also check out the new and improved United Nations Treaty Collection database. It's open-access and easy to search.

We also have a few Cuban DVDs:

Lucia (1968) by Humberto Solas (one of my all-time favorites!)
Quien Diablos es Julietta? (1967) by Carlos Marcovich
Check IMDB for reviews: Lucia and Julietta

The Avalon Project also has documents pertaining to Cuba, specifically the Cuban Missile Crisis.

United Nations Treaty Collection

Teresa Miguel — Tue, 30 Sep 2008 21:49:00 GMT

The new and improved United Nations Treaty Collection database is up and running. In this fabulous open-access database, you can find the complete run of the United Nations Treaty Series (UNTS), League of Nations Treaty Series (LoN), Multilateral treaties deposited with the UN, Status of Treaties (MTDSG), Certified True Copies (CTCs) of treaties (pdfs), and Depositary Notifications (CNs). There is a UN legal research guide, cumulative index, and more. The database has been further refined to offer a variety of advanced search features including Popular Name search, Title search, and Participant search.

UNTS is also available in print in the tunnel between L1 and the UES. You can find all of Yale's subscription-based and some open-access international law databases and resources on our Foreign and International Law Resources page.

Guantanamo Bay Cases

Teresa Miguel — Thu, 31 Jul 2008 23:00:00 GMT

The U.S. District Court in the District of Columbia has created a webpage of public information on the Guantanamo Bay cases. Find the court schedule, court orders and opinions, and press releases and notices.

Meanwhile, back at the camp, the trial of Osama Bin Laden's driver, Salim Ahmed Hamdan, began about 10 days ago, as reported on NPR. In 2006, Yale law students worked closely with Mr. Hamdan's lawyer, Neal Katyal, a YLS grad, in his challenge of the use of military commissions; they were victorious. As a result, Congress passed the Military Commissions Act of 2006.

Another Guantanamo prisoner, Omar Khadr, has been in the news recently as a result of the release of a videotaped interrogation conducted on the island. The video was released by Mr. Khadar's defense team, as explained in this story on NPR. An interesting history of Mr. Khadar's life and eventual detention at Guantanamo can be read in a 2006 article in Rolling Stone; a summary of his legal history can be found on Human Rights First.

The U.S. Dept. of Defense, Military Commissions, has a website with court filings and documents pertaining to Mr. Khadr's and Mr. Hamdan's cases, as well as other Guantanamo Bay detainees facing trial. The Military Commissions Act and Military Commissions Manual can also be found here.

The Yale Law Library has several recently published book on the Military Commissions Act of 2006 and the Guantanamo detainees:

Honor Bound: Inside the Guantanamo Trials by Kyndra Miller Rotunda (2008)
Bush, the Detainees, and the Constitution: The Battle over Presidential Power in the War on Terror by Howard Ball (2007)
Beyond the Law: The Bush Administration's Unlawful Responses in the "War" on Terror by Jordan J. Paust (2007)

We also have interesting historical works on military commissions in the U.S.:

Constitutional Limitation on Trials by Military Commissions by Harold Loeb (1943) (microfiche)
Military Commissions for the Trial of Citizens: A Letter to the Attorney General of the United States by John H. James, Jr. (1860) (microfiche and MOML)
An Argument to Establish the Illegality of Military Commissions in the United States, and Especially of the One Organized for the Trial of the Parties Charged with Conspiring to Assassinate the Late President, and Others, Presented to that Commission, on Monday, the 19th of June, 1865 by Reverdy Johnson, one of the counsel of Mrs. Surratt (1865)

There are several online, free research guides pertaining to the Military Commissions Act of 2006:

Recueil de Cours - online! Part II

Teresa Miguel — Tue, 29 Jul 2008 18:06:00 GMT

Recently I wrote that The Hague Academy of International Law's Recueil des Cours de l'Academie de la Haye was online with free browsing but at the time the Yale Law Library had not yet purchased a subscription to the full-text.

Today I am happy to write that we have subscribed and you can now browse, search and access all the full-text articles.

"The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law.

You can also access our complete print collection in the Yale Law Library on L1, Call No. KZ 3092 .R43.

Finders keepers? Spain claims sunken treasure

Teresa Miguel — Mon, 19 May 2008 14:23:00 GMT

NPR reported this morning on Spain's battle to reclaim the treasure from a sunken Spanish vessel recovered in international waters in the Atlantic Ocean by Odyssey Marine Exploration of Tampa, FL. The 19th century shipwreck contained some 17 tons in silver coins, cuff links and other personal items, and other artifacts; it may be the most valuable treasure ever discovered. Exact details of the discovery have yet to be revealed.

A Federal District Court in Tampa is reviewing Spain's claim to the treasure that Odyssey recovered. Spain insists that Odyssey's claim to the warship Nuestra Señora de las Mercedes is immoral and illegal. Spain compares the Nuestra Señora site to the grave sites of Gettysburg and the U.S.S. Arizona, as the sinking of Nuestra Señora precipitated Spain's entry into the Napoleonic wars. Odyssey maintains, however, that they found no vessel and no human remains, just the cargo, and there is nothing to prove that it is the cargo of La Senora. In PACER, the federal court's password-protected electronic filing database (which is available free to the public in several federal depository libraries), you can review court filings for this case (8:07-cv-00614-SDM-MAP) as well as several others in which the Kingdom of Spain has filed a claim (ask a reference librarian for assistance if needed).

So just what is the law pertaining to sunken treasures? Finders keepers? Return to rightful owner?

The Yale Law Library has several books pertaining to the law of sunken treasure and cultural patrimony. See, for example, Legal Protection of the Underwater Cultural Heritage: National and International Perspectives. This book compares the laws, traditions, and perspectives of various countries, including the United States and Spain. Note the Subject Headings at the bottom of the record: Cultural property -- Protection -- Law and legislation; Shipwrecks; Salvage; Treasure-trove; Underwater archaeology -- Law and legislation. Click on any of them to find more works pertaining to that topic.

In comparison, see, The Protection of the Underwater Cultural Heritage: National Perspectives in Light of the UNESCO Convention 2001, for an international law focus and analysis. Under the Subject Heading, underwater archaeology - law and legislation, you will find books in several languages other than English, including French German, Spanish, Russian and Italian. Admiralty law also comes into play, specifically the Supplementary Admiralty Rules. See also, Admiralty and Maritime Law, available in print and electronically.

There are several international law databases you might try as well to find case law and law review articles. See our Foreign and International Resources page for the plethora of electronic resources at your fingertips, or ask a reference librarian for assistance.

Israel Turns 60

Teresa Miguel — Wed, 14 May 2008 14:42:00 GMT

Joe Hodnicki, Associate Director for Library Operations at the University of Cincinnatti Law Library, has written and excellent and informative documentary history of Israel on his Law Librarian Blog

Myanmar

Teresa Miguel — Thu, 08 May 2008 16:38:00 GMT

Cyclone Nargis has thrust Myanmar into the public spotlight, as pressure increases to allow foreign aid to help cyclone victims.

In February, Myanmar had announced its intention to hold a democratic referendum on a draft constitution this month, and to hold democratic elections in 2010. Immediately prior to the cyclone, on May 2, 2008, the U.N. had taken official notice of Myanmar's intent and encouraged an open process. However, today the U.N. is urging Myanmar to delay this process.

Myanmar is being monitored by the United Nations for human rights violations. On March 18, 2008, the UN Security Council held a meeting during which Ibrahim Gambari, the Secretary-General's Special Envoy to Myanmar, reported on his March 6 - 10, 2008 visit to Myanmar. Mr. Kyaw Tint Swe, the government representative from Myanmar, was present and also spoke at the meeting. The meeting was transcribed in S.PV/5854, the provisional record of the public briefing.

The United Nations Human Rights Council has spoken many times to the human rights situation in Myanmar. Most recently, on March 28, 2008, the Council adopted resolution A/HRC/7/L.36 wherein the Council strongly deplored the "ongoing systematic violations of human rights and fundamental freedoms of the people of Myanmar" and extended the mandates of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance. In a separate but related resolution A/HRC/7/L.37, the HRC, in accordance with Commission on Human Rights resolutions 1992/58 and 2005/10 of 14 April 2005, extended for one year the the Special Rapporteur's mandate, and urged, inter alia, the Government of Myanmar to "cooperate fully with the Special Rapporteur and to respond favourably to his requests to visit the country and to provide him with all information and access to relevant bodies and institutions necessary to enable him to fulfill his mandate effectively."

Watch the U.N. Human Rights Council, 7th Session UN Webcast on the two resolutions: the "Situation of Human Rights in Myanmar" (A/HRC/7/L.36), and "Mandate of the Special Rapporteur on the Situation of Human Rights in Myanmar" (A/HRC/7/L.37). both from March 28, 2008 at the Palais de Nations in Geneva. See also, an archived video of "The Situation of Human Rights in Myanmar" from October 2, 2007 at the Palais de Nations in Geneva.

Find Security Council and other UN documents related to Myanmar on the website of the Security Council Report - Myanmar. SCR is an NGO headquartered in New York City.

The Yale Law Library collects human rights and interdisciplinary materials pertaining to Myanmar; they are cataloged and located with other human rights publications or social science materials on the Upper East Side rather than in the Myanmar/Burmese legal collection (KNL) on the Lower East Side. If you conduct a Morris Subject Heading search: Human Rights - Burma, you'll return 26 hits. You can then sort Newest First and you'll find several books written in the last few years, including a 2008 publication entitled Promoting Human Rights in Burma: A Critique of Western Sanctions Policy.

The Yale Law Library has a 2005 volume of Myanmar Laws, our most current compilation of laws from Myanmar. This is an English translation of the yearbook of Myanmar laws originally published in Burmese. You will find older materials if you do a Subject Heading search on Morris: Laws - Burma. Note that the laws of Myanmar are still cataloged by Library of Congress using Burma rather than Myanmar. Why is that? During a 2006 interview, Barbara Tillett, chief of the Library of Congress Cataloging Policy and Support Office, explained: "The Library of Congress is the national library for the United States and to some extent we reflect US policy (for example using Burma not Myanmar)." Read the BBC's take on this issue. You will see that our collection of law from Myanmar is quite small; there is not a lot being published nor do we heavily collect from this country. See our Country-by-Country guide to foreign legal research: Myanmar, for more print and electronic resources.

For assistance researching Myanmar law, please contact the reference team.

Brandeis Institute for International Judges

Teresa Miguel — Fri, 02 May 2008 13:46:00 GMT

The Brandeis Institute for International Judges (BIIJ) "provides international judges with the opportunity to meet and discuss critical issues concerning the theory and practice of international justice. Institutes are held approximately every 18 months, bringing together judges serving on international courts and tribunals around the world to reflect on both the philosophical aspects and practical challenges of their work. The most recent Institute was held from July 23-28, 2007, in Bretton Woods, New Hampshire, USA. The next Institute is scheduled for January 4-9, 2009, in Trinidad."

The BIIJ website has reports for each of the previous institutes along with a group photo of each year's participants. The BIIJ is just one of the Brandeis Programs in International Justice and Society, which is part of the The International Center for Ethics, Justice and Public Life at Brandeis University.

The Supreme Iraqi Criminal Tribunal

Teresa Miguel — Tue, 29 Apr 2008 14:58:00 GMT

NPR reported this morning that Tariq Aziz, former Iraqi Foreign Minister under Saddam Hussein, begins trial today for the execution of forty-two food merchants in 1992. Aziz, 72, has been in prison for over 5 years and is challenging the charges. In the Anfal Campaign Trial, Gen. Ali Hassan Majeed, aka Chemical Ali for his use of poisonous gas against villagers, has already been sentenced to death by hanging for the mass killings of Kurds during the Sadaam era. Here you can find an English translation of the Anfal Campaign Judgment. Of course, Saddam Hussein was convicted, sentenced to death, and executed by the Iraqi Special Tribunal on December 30, 2006.

The Iraqi Special Tribunal, also known as the Iraqi High Tribunal or the Special Iraqi Criminal Tribunal (SICT), was initially created in 2003 by the Statute of the Iraqi Special Tribunal (also found here), issued by the now-dissolved Coalition Provisional Authority and enacted by the Iraqi Governing Council. Due to legitimacy questions raised as a result of the Tribunal being established by an occupying force, the Iraqi Interim Government passed a new statute (pdf) in 2005 creating the current Supreme Iraqi Criminal Tribunal (SICT). The SICT, like its predecessor, is an independent tribunal located in Baghdad devoted to the prosecution of Saddam Hussein and the leaders of his regime for war crimes, crimes against humanity, genocide, and other crimes committed between 1968 and 2003.

The Law Library of Congress has an excellent website on the trial of Saddam Hussein. The site includes primary documents and secondary resources pertaining to Saddam Hussein's trial, the creation of the Special Tribunal and appeal, and the laws, treaties, and resolutions related to the Tribunal and relevant trials.

The Yale Law Library has many books written on the Hussein trial, the Tribunal, and Iraq generally. See, for example, Saddam on Trial: Understanding and Debating the Iraqi High Tribunal. Also try a Subject Heading serach: Hussein, Saddam. All Iraqi foreign law is classified under KMJ and can be found on the Lower East Side. For electronic resources pertaining to Iraqi law, see our Country-by-Country guide to legal research. Finally, for research assistance, don't hesitate to contact the reference team.