Zone 3- Telescopic Analysis:
The acceptability of the concept of Global justice has always enjoyed an exalted
position in view of its mass appeal as a universal ideology. The acceptability of global jurisdiction however has been in flux as its enforcement in the international community in light of other constitutive norms has been on the rise. Where the concepts of Democratic domestic governance and Human Rights enjoy a ‘legitimate appeal’ world wide, questions regarding enforceability through global jurisdiction of widely adhered to ‘norms’ are a more complex undertaking. Following are a few cases that highlight this disputed arena.
Goldstone Report- Israel
Last year following the issue of UN-sponsored Goldstone report, both Israel and the Palestinians were asked to investigate accusations of human-rights violations committed during the conflict in the Gaza Strip. In the wake of this development a British court issued an arrest warrant against Tzipi Livni, Israel’s former foreign minister, for her role in orchestrating Israel's military offensive against Hamas. The supporting legislation was under the controversial 1988 Criminal Justice Act, which gives courts in England and Wales universal jurisdiction in war crimes cases.
Previously Britain had abstained during the United Nations vote on the Goldstone report, which accused Israel and Hamas of committing war crimes in Gaza, and the Swedish proposal to recognize Jerusalem as a shared Israeli and Palestinian capital. In response to the warrant, Livni voiced affront at the comparison of Israel Defense Forces soldiers to ‘terrorists’. This incident was the latest in a string of attempts by pro-Palestinian activists to have Israeli officials arrested on British soil. Previous attempts include:
Oct 2009: Former military chief Moshe Yaalon cancelled a UK visit because of fears of arrest for alleged war crimes
Oct 2009: Failed attempt to raise warrant against Defence Minister Ehud Barak. Court ruled he had diplomatic immunity
Sept 2005: Arrest warrant issued for a former head of Israeli forces in the Gaza Strip, Gen Doron Almog. He received warning before disembarking from an aircraft at Heathrow Airport, and flew back to Israel
Though this latest warrant was subsequently annulled it has raised havoc in diplomatic and legal circles in its wake. Pro-Palestinian groups welcomed news of the abortive move as "long overdue". The Foreign Office however was deeply embarrassed by the episode, where David Miliband, UK’s Foreign Secretary stated that “The Government is looking urgently at ways in which the UK system might be changed in order to avoid this sort of situation arising again”.
Kosovo
Following Kosovo’s unilateral declaration of independence in February 2008, Serbia announced last year that it would seek an opinion from the International Court of Justice on the legality of the issue and that Belgrade would abide by the court’s decision, despite it being a nonbinding, advisory opinion. The question being pondered in the international Court simply seeks to confirm whether Kosovo’s declaration of independence accords with international law.
Kosovo, formerly a province of Serbia, unilaterally declared independence on February 17, 2008, after UN-brokered talks between Belgrade and ethnic-Albanian officials in Pristina broke down. Since then, more than 60 countries, including 22 of the EU's 27 members, have recognized Kosovo's independence. The judges are expected to issue their nonbinding opinions sometime during 2010.
Nigeria
Last year The International Criminal Court issued an arrest warrant against Sudan's president, Omar Hassan al-Bashir for atrocities committed in Darfur; the first international arrest warrant ever issued against a sitting head of state.
Though Sudan under the pretext of not being a signatory of the Rome Statute refused to hand over the accused president, the warrant did raise issues for nations such as Nigeria that was hosting the African Union summit on refugees, which Bashir subsequently declined to attend. Nigeria, though it announced it would not proceed with the arrest, faced pressures pertaining to its international legal obligations including under the Rome Statute of the International Criminal Court, which it has ratified.
Professor
Noah Weisbord is of the opinion that ICC’s first arrest warrant against a sitting head of state is an historic moment in international affairs. “They (ICC) may have discovered a way to leverage their force and advance the cause of international justice. States will enforce the warrant when they realize that going after Bashir is not going after Sudan.”
In light of these examples, the novel development in recent history of international law whereby national courts may act on global stimuli or conversely the acceptance of non binding international rulings in a national sphere, no matter how disputed, depicts a distinctive trend. Regardless of its potential enforceability, the fact of such stimuli being potent diplomatic arguments is in it self quite remarkable. §
position in view of its mass appeal as a universal ideology. The acceptability of global jurisdiction however has been in flux as its enforcement in the international community in light of other constitutive norms has been on the rise. Where the concepts of Democratic domestic governance and Human Rights enjoy a ‘legitimate appeal’ world wide, questions regarding enforceability through global jurisdiction of widely adhered to ‘norms’ are a more complex undertaking. Following are a few cases that highlight this disputed arena.Goldstone Report- Israel
Last year following the issue of UN-sponsored Goldstone report, both Israel and the Palestinians were asked to investigate accusations of human-rights violations committed during the conflict in the Gaza Strip. In the wake of this development a British court issued an arrest warrant against Tzipi Livni, Israel’s former foreign minister, for her role in orchestrating Israel's military offensive against Hamas. The supporting legislation was under the controversial 1988 Criminal Justice Act, which gives courts in England and Wales universal jurisdiction in war crimes cases.
Previously Britain had abstained during the United Nations vote on the Goldstone report, which accused Israel and Hamas of committing war crimes in Gaza, and the Swedish proposal to recognize Jerusalem as a shared Israeli and Palestinian capital. In response to the warrant, Livni voiced affront at the comparison of Israel Defense Forces soldiers to ‘terrorists’. This incident was the latest in a string of attempts by pro-Palestinian activists to have Israeli officials arrested on British soil. Previous attempts include:
Oct 2009: Former military chief Moshe Yaalon cancelled a UK visit because of fears of arrest for alleged war crimes
Oct 2009: Failed attempt to raise warrant against Defence Minister Ehud Barak. Court ruled he had diplomatic immunity
Sept 2005: Arrest warrant issued for a former head of Israeli forces in the Gaza Strip, Gen Doron Almog. He received warning before disembarking from an aircraft at Heathrow Airport, and flew back to Israel
Though this latest warrant was subsequently annulled it has raised havoc in diplomatic and legal circles in its wake. Pro-Palestinian groups welcomed news of the abortive move as "long overdue". The Foreign Office however was deeply embarrassed by the episode, where David Miliband, UK’s Foreign Secretary stated that “The Government is looking urgently at ways in which the UK system might be changed in order to avoid this sort of situation arising again”.Kosovo
Following Kosovo’s unilateral declaration of independence in February 2008, Serbia announced last year that it would seek an opinion from the International Court of Justice on the legality of the issue and that Belgrade would abide by the court’s decision, despite it being a nonbinding, advisory opinion. The question being pondered in the international Court simply seeks to confirm whether Kosovo’s declaration of independence accords with international law.
Kosovo, formerly a province of Serbia, unilaterally declared independence on February 17, 2008, after UN-brokered talks between Belgrade and ethnic-Albanian officials in Pristina broke down. Since then, more than 60 countries, including 22 of the EU's 27 members, have recognized Kosovo's independence. The judges are expected to issue their nonbinding opinions sometime during 2010.
Nigeria
Last year The International Criminal Court issued an arrest warrant against Sudan's president, Omar Hassan al-Bashir for atrocities committed in Darfur; the first international arrest warrant ever issued against a sitting head of state.
Though Sudan under the pretext of not being a signatory of the Rome Statute refused to hand over the accused president, the warrant did raise issues for nations such as Nigeria that was hosting the African Union summit on refugees, which Bashir subsequently declined to attend. Nigeria, though it announced it would not proceed with the arrest, faced pressures pertaining to its international legal obligations including under the Rome Statute of the International Criminal Court, which it has ratified.
Professor
Noah Weisbord is of the opinion that ICC’s first arrest warrant against a sitting head of state is an historic moment in international affairs. “They (ICC) may have discovered a way to leverage their force and advance the cause of international justice. States will enforce the warrant when they realize that going after Bashir is not going after Sudan.”In light of these examples, the novel development in recent history of international law whereby national courts may act on global stimuli or conversely the acceptance of non binding international rulings in a national sphere, no matter how disputed, depicts a distinctive trend. Regardless of its potential enforceability, the fact of such stimuli being potent diplomatic arguments is in it self quite remarkable. §
Discussion Question:· In your opinion is the concept of ‘Global Jurisdiction’ an asset in international law or an impediment to sensitive diplomatic dealings?
Bibliography/Related links:
http://www.nytimes.com/2009/02/12/news/12iht-edweisbord.2.20142838.html
http://www.amnesty.org/en/news-and-updates/news/nigerian-government-must-arrest-sudanese-president-during-visit-20091023
http://www.timeslive.co.za/news/africa/article166537.ece
http://www.haaretz.com/hasen/spages/1135207.html
http://www.guardian.co.uk/world/2009/dec/14/tzipi-livni-israel-gaza-arrest
http://www.guardian.co.uk/world/2009/dec/15/tzipi-livni-arrest-warrant-israeli
http://english.aljazeera.net/news/middleeast/2009/12/2009121591430318635.html
http://news.bbc.co.uk/2/hi/middle_east/8415161.stm
http://www.reuters.com/article/idUSN1547242720080815
http://www.rferl.org/content/Russia_US_Face_Off_In_Court_Over_Kosovos_Independence/1898584.html
http://www.nytimes.com/2009/02/12/news/12iht-edweisbord.2.20142838.html
http://www.amnesty.org/en/news-and-updates/news/nigerian-government-must-arrest-sudanese-president-during-visit-20091023
http://www.timeslive.co.za/news/africa/article166537.ece
http://www.haaretz.com/hasen/spages/1135207.html
http://www.guardian.co.uk/world/2009/dec/14/tzipi-livni-israel-gaza-arrest
http://www.guardian.co.uk/world/2009/dec/15/tzipi-livni-arrest-warrant-israeli
http://english.aljazeera.net/news/middleeast/2009/12/2009121591430318635.html
http://news.bbc.co.uk/2/hi/middle_east/8415161.stm
http://www.reuters.com/article/idUSN1547242720080815
http://www.rferl.org/content/Russia_US_Face_Off_In_Court_Over_Kosovos_Independence/1898584.html
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Business and Politics in the Muslim World (BPM)refers to the project entitled, "Globalized Business and Politics: A View from the Muslim World.' The blog development project has been undertaken and jointly developed by the Gilani Research Foundation and BPM as a free resource and social discussion tool.
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Business and Politics in the Muslim World (BPM)refers to the project entitled, "Globalized Business and Politics: A View from the Muslim World.' The blog development project has been undertaken and jointly developed by the Gilani Research Foundation and BPM as a free resource and social discussion tool.
Please Preview your comments before posting.
For the adherents of globalization, Global Jurisdiction is really an asset in international law but for the skeptics of Globalization it would be an impediment to diplomatic relations. In my opinion, this is an establishment of a tendency which would ultimately lead towards global order. But this is supposed to be conditioned with certain circumstances. Global jurisdiction is needed, in the sense; it will shape the future patterns of diplomatic relations. When each aspect of life, ranging from individuals to the nations, is going to be globalized, jurisdiction is also heading for globalization.
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