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construct lighthouses “to materialize the parallel of the maritime frontier” originating at the first marker of the land boundary, about 200 miles directly westward of the Peru-Chile border. The Court found the 1968-1969 lighthouse arrange- ments to be compelling evidence that the agreed maritime boundary begins at that first marker.


With respect to the course of the maritime boundary, the Court applied the usual three-stage methodology by (1) constructing a provisional equidistance line; (2) considering relevant cir- cumstances to adjust the line; and (3) applying a disproportionality test to assess the effects of the line upon both Parties. Finding no relevant cir- cumstances or significant disproportion to adjust a provisional equidistant line, the Court ruled that the maritime boundary extends 80 nautical miles along the parallel of latitude from the coastline, then 200 nautical miles southwest, reflecting the character of both coasts.


Ultimately, Chile lost control over part of its for- merly claimed maritime territory, but the Court’s ruling left rich coastal fishing waters under Chile’s control.


* Submitted by Steven Wu


Possible ICC Investigation into South Sudan Conflict


South Sudan became the newest member of the United Nations in 2011. Since 2013, it has seen deadly conflicts. The clashes started as a political dispute between President Salva Kiir and his for- mer deputy Riek Machar, but escalated into full- scale conflict with ethnic tensions. The president accused Machar of launching a coup, an allegation Machar has strongly denied. Thousands of people have died and more than 800,000 have fled their homes since the conflict began. A ceasefire was brokered in January of 2013, but sporadic fighting continues in the north of the country. United Na- tions Secretary General Ban Ki-Moon has called


for the prosecution of human rights violations in South Sudan, and some observers are calling on the International Criminal Court (ICC) to investi- gate and prosecute the perpetrators.


The jurisdiction of the ICC does not technically reach the country of South Sudan since it has not ratified the Rome Statute. The Rome Statute is the charter of the ICC and requires any investiga- tion by the Chief Prosecutor to satisfy the jurisdic- tional requirements. One of these jurisdictional requirements is for the party to be a signatory to the Statute. In addition, the prosecution can only prosecute the claims that have exhausted domestic remedies.


Since South Sudan never signed or ratified the Rome Statute, it is not a party to the ICC. How- ever, the UN Security Council can investigate hu- man rights violations in South Sudan if it invokes Chapter VII of the UN Charter, which gives it the authority to start prosecutions even if a country is not a party to the Rome Statute. ICC spokes- person, Fadi El-Abdallah stated that despite ex- pressed concerns from the Secretary General, the ICC does not have separate prosecutor ca- pabilities. He further noted that the ICC would be violating Sudan’s sovereignty if it launched its own separate investigation.


So far, there has been no UN resolution autho- rizing such an investigation. It is anticipated that some of the human rights crimes could consti- tute crimes against humanity. The ICC has the au- thority to prosecute crimes of genocide, crimes against humanity, war crimes, and certain crimes of aggression.


There is some criticism regarding the ICC only prosecuting African nations and violators. In a re- cent meeting with the Kenyan president, Presi- dent Kiir, stated, “it seems that this thing has been meant for African leaders, that they have to be humiliated”. Nonetheless, the validity of his statement is questionable. Many of these cas- es have been referred to the ICC by the African


ILSA Quarterly » volume 22 » issue 4 » May 2014


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