Chapter 7: Individuals and Corporations

*Page 283

New Council of Europe Conventions (not yet in force) provide further examples of treaties establishing crimes to be implanted into national legal systems:

Council of Europe Convention on the Prevention of Terrorism

Warsaw, 16 May 2005

http://conventions.coe.int/Treaty/EN/Treaties/Html/196.htm

Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

Warsaw, 16 May 2005

http://conventions.coe.int/Treaty/EN/Treaties/Html/198.htm

*Pages 291–5

International crimes of state officials

For further consideration and application of the Pinochet case see

Jones v. Ministry of the Interior of the Kingdom of Saudi Arabia

[2005] Q.B. 699

and for HL [2006] UKHL 26 (14 June 2006), see

http://www.bailii.org/uk/cases/UKHL/2006/26.html

*Pages 296–9

Civil and Commercial Disputes between individuals/companies and states

See analysis and application of bilateral investment treaty by the Court of Appeal in the UK in:

Occidental Exploration & Production Company v Republic of Ecuador

http://www.bailii.org/ew/cases/EWCA/Civ/2005/1116.html

See also Second Phase judgment of 3 March 2006 (Commercial Court):

http://www.bailii.org/ew/cases/EWHC/Comm/2006/345.html

and

Ecuador v Occidental Exploration & Production Co [2007] EWCA Civ 656 (04 July 2007)
http://www.bailii.org/ew/cases/EWCA/Civ/2007/656.html

Footnote links:

*31 Registrar’s Survey for 2006:

http://www.echr.coe.int/NR/rdonlyres/69564084-9825-430B-9150-A9137DD22737/0/SurveyofActivities2006.pdf

and for Section Activity and Grand Chamber reports:

http://www.echr.coe.int/ECHR/EN/Header/Reports+and+Statistics/Statistics/Statistical+information+by+year/

and for statistics for Jan-Aug 2007:

http://www.echr.coe.int/NR/rdonlyres/1378B206-4F40-4873-BF32-3BEA8FC4465B/0/Stats2007.pdf

35 see www.icrc.org/ihl

45 http://www.austlii.edu.au/au/other/dfat/treaties/2002/15.html

Latest developments at The International Criminal Tribunals for the Former Yugoslavia and for Rwanda can be found at:

http://www.un.org/icty/latest-e/index.htm

http://www.ictr.org/default.htm

The International Criminal Tribunals for the Former Yugoslavia and for Rwanda have been followed by the creation of the Special Court for Sierra Leone. This special court is different from the two created by the Security Council. It is established under a treaty between the United Nations and Sierra Leone and its Trial and Appeals Chambers are composed of judges some appointed by the Government of Sierra Leone and the balance by the UN Secretary General. The constitutive treaty, statute, other documents and indictments can be found at:

http://www.sc-sl.org/index.html

Information about hybrid courts generally, and about special arrangements for Sierra Leone, Cambodia, East Timor and Kosovo, is in the site of the Project on International Courts and Tribunals:

http://www.pict-pcti.org/courts/hybrid.html

For a review and database of national activity on war crimes and humanitarian law, see ICRC ‘National Implementation of International Humanitarian Law’:

http://www.icrc.org/web/eng/siteeng0.nsf/html/advisory_service_ihl!Open