President Ram Niwas Mirdha
Executive President V. S. Mani
Vice Presidents V. C. Govindaraj
R.K.P. Shankardass, Veena Bakshi
Treasurer J.S. Gill
Secretary-General & Editor C. Jayaraj
Editor-in-chief, IJIL Rahmatullah Khan
Assistant Editor Manoj Kumar Sinha


INSIDE
 

From the President's Desk
 
For over two years the United States of America (USA) has kept more than 600 detainees of 40 nationalities in detention at Guantanamo naval base in Cuba. Most of the detainees were captured during the international armed conflict in Afghanistan in January 2002, but a large number were also taken into custody from other countries, including Pakistan, Iran, Zambia, and Bosnia-Herzegovina. Many of the detainees are held in isolation in small cells, without access to any court, legal counsel or family visits. Sporadic transfers and releases from the base continue, but the precise numbers, identities and nationalities of those held has never made available to public.

None of the detainees have been granted prisoner of war status or brought before a "competent tribunal" to determine their status, as required by Article 5 of the Third Geneva Convention of 1949- The US government refuses to clarify their legal status, despite  requests from International Committee of the Red Cross (ICRC). According to the US government these detainees are "enemy combatants" or "terrorists", thus not entitled for protection accorded to the prisoners under various human rights and humanitarian law instruments. Although some individuals have been released from Guantanamo, the remaining detainees have been given no indication of when they will be released.

The cases of the few detainees who have been singled out by the executive for possible prosecution by military commissions, willcertainlyflout international standards because convicts will have no right to appeal. Acquittal will not necessarily mean release, but may be followed by further legal limbo in military custody if the US executive deems that the defendant remains a security risk.

The US administration tried to keep its own courts and lawyers away from the Guantanamo Bay detainees. It argued that the Guantanamo Bay is the sovereign territory of Cuba and therefore out of reach of the US courts. On 10th November2003, the US Supreme Court agreed to consider the question of "whether US courts lack jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at the Guantanamo Bay Naval base, Cuba. The Court is expected to announce its decision in June 2004. The international community believes that the US Supreme court will restore the rule of law.

All persons under any form of detention, including individuals detained in law enforcement operations, persons suspected of "terrorist' offences or detained in connection with an armed conflict, are entitled to respect for and protection of their fundamental rights. These rights include, the right to life, the right to be free from torture and other cruel, inhuman or degrading treatment or punishment, the right not to be arbitrarily detained and the right to a fair trial. These rights can not be defeated by any mechanism that seeks to undermine the fundamental protections accorded to individuals under international law. The US has an obligation when taking security measures to deal with threats to public safety to ensure that such measures comply with international law and do not compromise fundamental rights.
 
An INDO-US Panel Discussion on Challenges to International Humanitarian Law
The Indian Society of International Law (ISIL) organised an Indo-US panel discussion on Challenges to International Humanitarian Law in the Contemporary Context, on 3rd March 2004, at the Society's premises. Shri Ram Niwas Mirdha, President, ISIL, welcomed the gathering. Justice Mrs. Sujata V. Manohar, Member, National Human Rights Commission (NHRC) chaired the discussion. The  delegation from the USA comprised, Captain James Crawford, Col. Paul P. Holden, Maj.Albert Rees, Maj. Greg Winston and Lt. Col. Mike Isacco participated in the session. Mr. Justice Rajinder Sachar, Former Chief Justice of Delhi High Court, Shri B. Sen, Former Secretary-General, AALCO; Prof. V. S. Mani, Executive President, ISIL; Shri C. Jayaraj, Secretary-General, ISIL, Shri Y.S.R. Murthy, Deputy Secretary, NHRC, Dr. Manoj Kumar Sinha, Assistant Professor, ISIL; Wing Com. Praful Bakshi, Consultant, ICRC, New Delhi, were on the Indian panel. Distinguished diplomats, international law teachers and practitioners, students and representatives from various organisations were present in the audience. 

Shri Ram Niwas Mirdha in his welcome address introduced the Society and its activities to the visiting US delegation. Justice Mrs. Sujata V. Manohar in her remarks on the problems relating to international humanitarian law (IHL) highlighted the issues relating to terrorism and protection of human rights, and  rged upon the implementing authorities to address these basic issues in an urgent manner.

Shri B. S. Prakash emphasised on the concepts of just war and dharma in a broader sense, rights and wrongs of human behaviour. He summarized his views by referring to The Hague and Geneva Conventions and the other humanitarian law aspects with regard to the questions relating to the identity of humanitarian workers and humanitarian agencies.

Capt. James Crawford, leader of the US delegation shared his experiences, being a witness of the attacks on Pentagon and world trade centre on 11th September 2001. He spoke on the issues relating to new approaches to deal international terrorism after 11th September attacks and the relevance of international law to deal this growing menace of terrorism.

Prof. V. S. Mani, spoke on International Humanitarian Law and Marten's Clause and highlighted the issues of basic consideration for humanity and dictates of public conscience, which is guiding features of international humanitarian law. He also  emphasised on the Article 1 and Common Article 3 of the Geneva Conventions 1949. While discussing the Article 3 of the Conventions he mentioned that, Common Article 3, is a Mini Convention and it is generally recognized as the minimum threshold of international humanitarian law, irrespective of any distinction between international armed conflict or noninternational armed conflict.

Mr. Justice Rajinder Sachar, spoke on international humanitarian law and its role in both internal and international armed conflict situations. He raised the question of the status of Prisoners of War (POWs) of Afghans who were captured by the US forces in Afghanistan during the war against terrorism. He also mentioned about the most worrying aspects, such as the US unilaterlaism in international politics and attitude of the developed countries. He questioned the authority of the US and its allies to attack countries like Afghanistan and Iraq without any mandate from the world body. He also mentioned about the International Criminal Court's jurisdiction and the US role in sidelining the ICC.

Shri B. Sen, emphasised on the various human rights and humanitarian law conventions such as The Hague and the Geneva Conventions, and the need of striking a balance between the protection of human rights and humanitarian law during the times of international and non-international armed conflicts and war on terrorism. Colonel Paul P Holden, of the US delegation, highlighted and supported the attack on Iraq by US and its allies. He also discussed the issues relating to the Prisoners of War in Guantanamo Bay in Cuba and US constitution and its applicability to the POWs.

Shri C. Jayaraj spoke on non-negotiability of human rights in various situations even after 11th September. He further added that, right to life is part of the jus cogens, and it has got several facets particularly the dignity of human existence. He also emphasised on issues relating to POWs and treatment with regard to different nationalities and pointed out the policies of US are regressive regarding Guantanamo bay prisoners.

Dr. Manoj Kumar Sinha, Shri Y. S. R. Murthy and Wing. Com. Praful Bakshi also shared their opinions about the protection of international human rights, international humanitarian law and the rale of International Criminal Court. Prof. V.S. Mani, Executive President, ISIL, proposed the vote of, thanks. Shri Ram Niwas Mirdha, President, ISIL, gave a gift, comprising a set of ISIL publications and memento to the visiting delegation, to its leader.

Special Lecture on Immigration and Refugee Policy in the United States
 
The Indian Society of International Law (ISIL) organised a special lecture on Immigration and Refugee Policy in the
United States on 27th February 2004, at the Society's premises. Prof. Peter H. Schuck of the Yale Law School delivered the lecture. Shri C. Jayaraj, Secretary-General, ISIL, introduced the guest and welcomed participants. Prof. Schuck described the historic evolution of immigration and refugee policy of the United States and its contemporary policies.

Special Lecture on Social Movements and Future of Human Rights
 
The Indian Society of International Law (ISIL) organised a special lecture on Social Movements and Future of Human Rights on 5th March 2004, at the Society's premises. Dr. Balakrishnan Rajagopal, Ford International Assistant Professor of Law and Development, Massachusetts Institute of Technology, delivered the lecture. Shri C. Jayaraj, Secretary-General, ISIL introduced the guest and welcomed the participants. Prof. (Mrs. br> Veena Bakshi, Vice President, ISIL chaired the session. Dr. Rajgopal spoke on the general aspects of human rights along with the challenges that it faces from the social movements. He emphasised on the linkages between globalisation and social movements and the implications for the human rights movement.

ISIL - Advocates-on-record Joint Function
 
The Indian Society of International Law (ISIL) organised a lecture by Hon'ble Mr.Justice Edward Evans-Lombe, Royal Court, London, in association with the Supreme Court Advocates-on-Record Association on 26th March 2004. The visiting Judge spoke on the organisation and structure of the judicial system in the United Kingdom (UK). He said that the several changes brought into the system have not affected the independence of judiciary. He highlighted the functions of each component of the justice delivery system in the UK. He further spoke about the implementation of human rights through the Human Rights Act by the UK Courts.

Hon'ble Mr. Justice Rajendra Babu, Judge, Supreme Court of India in his presidential remarks highlighted the question of justice in relation to public as well as private spheres. He also brought out the intricate historical linkages between the English and Indian legal systems leading to an innovative jurisprudence. The lecture by the visiting dignitary elucidated a sound response from the audience who were mostly advocates.

Prof. V. S. Mani, Executive President of ISIL welcomed the gathering and proposed that the interaction between the two associations is important in view of the fact the question of justice is a basic issue in our lives. Shri P.H. Parekh, President, Supreme Court Advocateson- Record Association, proposed the vote of thanks.

ISIL Launches its New Website

The Indian Society of International Law (ISIL) has launched its website which can be visited at www.isil-aca.org

ISIL Yearbook of International Humanitarian and Refugee Law

First and second volumes of the Yearbook are now available at http://www.worldlii.org/int/journals/ISILYBIHRL/

FORTHCOMING EVENTS
 
Annual Conference

The Indian Society of International Law (ISIL) will be organising its 33rd Annual conference on 10th and 11th of April 2004. The following are the tentative themes of Annual Conference:
  • The UN Charter, Unilateralism and International Law;
  • Trade, Human Rights and Environment; and
  • Teaching and Research in International Law For details contact: Secretary-General, the Indian Society of International Law

Third Summer Course on International law

The Third Summer course on international law will commence from 21st June to 2nd July 2004, to impart the current developments regarding important and contemporary areas of international law, such as principles of Public International Law, International Institutions, International Trade and Business Law, International Environmental Law, International Human Rights, Humanitarian and Refugee Laws. The course will comprise classroom lectures, discussions and library consultation. Those who need accommodation during the course may contact the ISIL much in advance and the rates would be Rs. 150/- per day per person on a sharing basis. The course fee would be Rs. 1000/- for students and Rs. 1500/- for teachers and lawyers. Those who are interested in enrolling for this course may send their bio-data to the Secretary-General of ISIL along with registration fee and accommodation charges.

Second International Conference on International Law

The Indian Society of International Law (ISIL) is organising its 2nd International Conference on International Law from 14-17 November 2004, in New Delhi. The Second International Conference is being organized to provide a forum for in-depth discussion on the emerging trends in various branches of international law among the practitioners, teachers and scholars of international law from different nationalities. The following are the tentative themes of the International Conference:

  • International Investment Law, WTO, Intellectual Property Rights and International Trade Law
  • Space Law
  • Private International Law: Jurisdiction, Applicable Law and Enforcement
  • The United Nations and Emerging World Order
  • International Terrorism, Human Rights and Humanitarian Law
  • International Law of Environment and Sustainable Development
DELEGATE FEE    
Delegate Fee   Before15 June 2004 After 15 June 2004
A. Western Europe, North America,
Australia, New Zealand, Japan,
Republic of Korea (For Academics only
50% of the Delegate fee)		 US$ 400 US$ 500
B. Developing Countries
(Excluding SAARC Countries)		 US$100 US$ 150
C. SAARC (Excluding India) US$50 US$75
D. Indian Delegates (Advocates, Business
Executives and Diplomatic Corps in Delhi)		 Rs. 2500 Rs. 3000
E. ISIL Members Rs. 1200 Rs. 1500
F. Teachers Rs. 1200 Rs. 1500
G. Students Rs. 750 Rs. 750
Note: For accompanying persons, 50% of the delegate fee will be charged.
Delegate Fee Includes Lunch, Tea/Coffee, Conference Kit, Reception and Cultural Programmes.
Delhi Sightseeing (complementary for Foreign Delegates
Airport Reception (only for information)
Confessional Rates for Agra and Jaipur Tours
For details please contact Secretary-General or visit: www.isil-aca.org
 
New Acquisition      
Akyuz, Yilmaz. ed., Developing Countries and World Trade (Malaysia: TWN, 2003). Bell, Stuart and Donald McGillivray, Environmental
Law 5th ed. (First Indian Reprint, 200f)		 Benveversti, E., The Welfare State,
Globalization, International Law (Israel:
Springer, 2004).		 Cass, Ronald A. and M. S. Knoll, International
Trade Law (England: Ashgate Publications,
2003).
Cheria, Anita, A Human Rights Approach to
Development (Banglore: BFC Books, 2004).		 Cullet, Philippe, Differential Treatment in
International Environment Law (England:
Ashgate Publishing Limited Co., 2003).		 Finkelstein, Norman G., Image and Reality of
the Israel-Palestine Conflict2nd ed. (London:
Verso, 2003).Finkelstein, Norman G., Image and Reality of
the Israel-Palestine Conflict2nd ed. (London:
Verso, 2003).		 Hancock, Jan, Environmental Human Rights
(England: Ashgate Publishing Co., 2003).
Hutchinson, Robert, Weapons of Mass
Destruction (London: Weidenfeld and
Nicholson, 2003).
Jawara, F. and A. Kwatra, Behind the Scenes at
the WTO (New York: Zed Books, 2003).		 Kagan, Robert, of Paradise and Power {New
York: Vintage Books, 2003).		 Matsusnita, Nitsuo The World Trade
Organization: Law, Practice, and Policy (Oxford:
Oxford University Press, 2003).		 Mendes, E. P. and A. L. Roussy, Bridging the
Global Divide on Human Rights (England:
Ashgate Publishing Co., 2003).
Mitra B.B., Code of Criminal Procedure
(Vol. 1-2), 20th ed. (Calcutta: Kamal Law House,
2003).		 North, Peter and J.J. Fawcett, Cheshire and
North's Private International Law (Indian
reprint). (New Delhi: Butterworth, 2004).		 Petenesky, R.P., Global Prescriptions:
Gendering Health and Human Rights (New
York: Zed Books, 2003).		 Rajagopal, Balakrishnan, International Law form
Below: Development, Social Movements and
third World Resistance (U.K.: Cambridge
University Press, 2004).
Simmonds, N.E., Central Issue in
Jurisprudence, Justice, Law and Rights (New
Delhi: Eastern Book Company, 2003).		 W.T.O., Analytical Index: Guide to WTO Law
and Practice (vol. 1-2), (Geneva: WTO, 2003).		 Wadehra, B.L., Law Relating to Patents Trade
Marks Copyright Designs & Geographical
Indications 3rd ed. (Delhi: Universal Law
Publishing, 2004).		 William, Lucy and P. Robson, Law and Poverty
(New York: Zed Books, 2003).

Top