Court Watch court in the land.
In its report, IACHR declared that the Costa Rican law violated articles of the American Convention on Human Rights; the Additional Protocol to the American Commission on Human Rights in the Area of Economic, Social and Cultural Rights; and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women. For example, the Commission held that the ban on IVF violated Article 16.1 of the Ameri- can Convention of Human Rights which states, “All man and woman have right, without restriction for reason of race, nationality, or religion to marry and found a family” and Article 25 states “everyone is entitled to the benefit of the highest possible level of physical and mental health.”
During the Commission’s determination of the case, the government proposed a new law regu- lating IVF in Costa Rica. However, this law’s restric- tions made obtaining IVF in Costa Rica practically impossible, and several individuals and human rights groups petitioned the Commission to find Costa Rica still guilty of violating human rights laws.
After the Commission issued its final ruling, Costa Rica was granted three extensions to correct its ban on IVF in the country. On June 14, 2011, Costa Rican legislators failed to pass a revised law. On July 29, 2011, the Commission informed Costa Rica that it would file a lawsuit against the country in the Inter-American Court on Human Rights if it did not meet the Commission’s deadline of com- pliance. The government’s final extension expired two days later on July 31.
The lawsuit before the Inter-American Court on Hu- man Rights is Artavis Murillo and Gretel N.12.361. The plaintiffs are 50 couples who had to travel out- side of Costa Rica for IVF treatments. Costa Rica is the only country in the Americas that bans IVF, but there are several countries that restrict the use of IVF and other assisted reproductive technolo- gies. The Inter-American Court on Human Rights,
based on the Commission’s findings and Costa Rica’s submissions will most likely find Costa Rica in violation of its international obligations.
If the Court rules against Costa Rica, it will be interesting to see how the country will comply with the Court’s binding judgement since it has already failed to comply with the Commission’s report. Costa Rican legislators have been reluctant to pass a law authorizing IVF because the Catho- lic Church, religious groups, citizens’ groups, and several legislators believe IVF violates human life. Regardless, Costa Rica will be obligated to comply with the ruling issued by the Inter-American Court on Human Rights.
* Submitted by Dominique de Vastey Iraqi National To Be Tried in U.S. District Court
On September 27, 2011, Chief Judge Thomas Rus- sell ruled that Waad Ramadan Alwan, an Iraqi citi- zen, can be tried in the United States District Court for the Western District of Kentucky. In May, Al- wan and another Iraqi national, Mohanad Shareef Hammadi, were arrested and indicted in Bowling Green, Kentucky. Alwan allegedly provided mate- rial support for al-Qaeda and has manufactured, distributed, and planted improvised explosive de- vices targeted toward U.S. troops in Iraq.
Alwan has argued that he can only be prosecuted in Iraq because the Fourth Geneva Convention, rel- ative to the Protection of Civilian Persons in Time of War, extended protection over him. He also claimed that he was charged with violating a fed- eral law that only protected diplomatic personnel overseas and not troops in nations under military occupation. Judge Russell rejected Alwan’s argu- ment and held that the federal law applies in areas under U.S. military control and includes the murder of any American abroad. He ruled that the Fourth Geneva Convention does not bar concurrent juris- diction and allows for U.S. and foreign courts to try nationals of other countries. Judge Russell deter-
ILSA Quarterly » volume 20 » issue 2 » December 2011 7
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