International Law Blog Postings
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Category: Human Rights
Peru Grants Transfer of U.S. Citizen Convicted of Terrorism from Prison to House Arrest But Might Deport Her
A Peruvian judge approved early release to house arrest for a U.S. citizen jailed since 1995 on terrorism charges of unlawful collaboration with the Marxist-Leninist Túpac Amaru Resistance Movement (MRTA) rebels during Fujimori's Presidency. Judge Maria Jessica León Yarango of the First Supra-Provincial Criminal Court of the Superior Court of Justice of Lima ordered Lori Berenson's release to house arrest, subject to several conditions, including that she neither leave Peru nor contact or visit inmates still in prison on terrorism charges. Berenson, originally sentenced to life imprisonment by a hooded military tribunal for violating anti-terrorism laws decreed by then-President Fujimori, has served almost 15 years of a 20-year sentence imposed at her retrial in a civilian court. Her conditional release to live in Miraflores, an upscale tourist district of Lima, however, has been greeted with concern by nearby businesses and residents who worry about post-release supervision and public safety, according to Peruvian media. Moreover, Peru's President Alan Garcia, former Justice Minister Aurelio Pastor, and the former president of the Superior Court Marcos Ibazeta, who rendered Berenson's 20-year sentence in 2002, are quoted in yesterday's media questioning whether Berenson, a convicted terrorist who has not made a public declaration of remorse, should have been granted parole. President Garcia called the law allowing her early release a mistake but expressed respect for the judicial decision and the independence of the judiciary. Today, Justice Minister Victor Garcia Toma posted his proposal of an Executive expulsion of Berenson and its legal justification on the Ministry's website. If President Garcia would commute her sentence, she could be immediately deported. Minister Garcia Toma indicated the President's Council of Ministers will consider this legal option next week.
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ASIL 104th Annual Meeting - Onsite and Online
The American Society of International Law 104th Annual Meeting will be held March 24-27, 2010 at the Ritz-Carlton hotel in Washington, D.C. This year's theme is "International Law in a Time of Change." The two keynote lectures will be delivered by Chief Justice Beverley McLachlin of the Supreme Court of Canada and Harold Hongju Koh, the Legal Adviser to the U.S. Department of State. Additional featured speakers include: Georgetown University Law School Professor Edith Brown Weiss; International Centre for the Settlement of Investment Disputes Secretary-General Meg Kinnear, and George Washington University Law School Professor Dinah Shelton. Onsite registration will be available. Select sessions will be available by live webcast.
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California Supreme Court Hears Death Penalty Appeals Based on International Law
Two weeks ago, the California Supreme Court heard oral arguments in a death penalty appeal. The defendant's legal arguments included, in part, that the death sentence must be vacated because the death penalty violates international law and that international law is binding on the California state court. Specifically, the defendant contends that the California death penalty statute violates the International Covenant on Civil and Political Rights (ICCPR) and evolving global norms against capital punishment. The Court has not yet ruled on the case and will be hearing similar legal arguments in another death penalty appeal before the Court on November 4, 2009. Should international human rights instruments and customary international law influence the Court's analysis of the death penalty statute, the defendant's due process rights, and what constitutes "cruel and unusual" punishment?
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Scholarships - Conflict Resolution, Peacebuilding, Global Security
The International Peace Research Institute in Oslo, Norway (PRIO) is accepting applications for 1-year scholarships for master’s degree students specializing in conflict resolution and peacebuilding, national security, global security, or the study of civil wars. Students worldwide may apply. The Institute particularly encourages students with non-Western backgrounds to apply. The deadline for applications is 16 November 2009.
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SOLON War Crimes Conference - Retrospectives and Prospects
The SOLON War Crimes Conference, themed "Retrospectives and Prospects," took place on 19-21 February 2009 at the Institute of Advanced Legal Studies, London University, in association with SOLON and The Institute of Historical Research. Reprinted here with permission is the conference report and transcript of the plenary talk by Lesley Abdela.
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Climate Finance: Regulatory and Funding Strategies for Climate Change and Global DevelopmentThis collection of 36 policy essays provides new proposals for financial, regulatory, and governance mechanisms, including how to create a comprehensive approach through greater public funds, private investment though carbon markets, and structured incentives for developing country innovations. It suggests that national and global regulation of cap-and-trade and offset markets will be required. Essays also address forest and energy policy, international development funding, international trade law, and coordinated tax policy.


