Court Watch
commit an error of law by failing to prove beyond a reasonable doubt certain convictions against Bi- zimungu. Therefore, the court had to evaluate all of the evidence pertinent to each event supporting the convictions of genocide, murder, and rape.
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Bizimungu also contested the Tribal Chamber’s finding of his “superior responsibility” for mas- sacres during the genocide. To be convicted of superior responsibility, the prosecution had to prove that Bizimungu had specific knowledge of the massacres and had direct control over the ac- tors involved in the criminal activity. The Appeal’s Chamber carefully reviewed his involvement in specific murders and upheld his conviction relat- ing to the criminal acts of soldiers but reversed his convictions relating to the actions of the mili- tant group, “Interahamwe.” The Appeals Chamber reached its decision by evaluating the evidence presented by the prosecutor and considering Bi- zimungu’s knowledge and participation in specific crimes that took place while Bizimungu was in power.
The prosecutor, Abdoulaye Seye, appealed many of the reversals made by the Appeals Chamber and argued for a tougher sentence. Despite the reversal of some of Bizimungu’s convictions, the affirmed 30-year sentence reflects progress that has been made in convicting individuals account- able for the Rwandan Genocide. Bizimungu now remains in the custody of the Tribunal, while he awaits transfer to the facility where his sentence will be served.
* Submitted by Cana Noel
Bolivia Files Claim in ICJ Regarding Coastline Dispute with Chile
Every March 23rd in Bolivia, crowds gather, chil- dren march, naval officers provide demonstra- tions, and politicians provide passionate speeches to commemorate the “Dia del Mar” or Day of the Sea. Similar events take place for Trafalgar Day in
the United Kingdom, Navy Day in Iran, and Marine Day in Japan. While the celebrations taking place across the world are generally joyous, Bolivia’s day takes a different turn. Bolivia commemorates its Day of the Sea by remembering the loss of its sea- port 135 years ago in the War of the Pacific.
The war started with a Chilean military occupation of what was then Antofagasta, Bolivia and a threat by the Bolivian government to auction seized prop- erty from Chile. The result was a war involving the two countries and Peru over a mineral-rich region between the Pacific Ocean and the Andes.
Earlier this year, in an effort to regain what was lost, Bolivia formally asked the International Court of Justice (ICJ) to intervene and force Chile to the negotiating table and, ultimately, to grant Bolivia sovereign access to the Pacific.
While Bolivia contends that Chile has an obligation to not only negotiate, but to provide Bolivia with direct access to the sea, Chile argues that the ICJ lacks jurisdiction to hear the case. Chile’s position is clear; the question of Bolivian access to the Pa- cific Ocean was settled when both sides signed the Treaty of Peace and Friendship. Chile argues it has honored its obligations under the treaty by providing a rail link to the coast, granting access to its port, and allowing Bolivian customs author- ity for goods destined to Bolivia through Chilean ports.
Bolivia meanwhile counters by pointing to a recent case involving Peru and Chile before the ICJ. In that case, the ICJ exercised jurisdiction despite the presence of a treaty between Peru and Chile. Bolivia therefore argues that if the ICJ had jurisdic- tion in the Peru v. Chile dispute, then the ICJ has jurisdiction in the present dispute. Both disputes stem from the same war and both include trea- ties that were signed prior to the creation of the ICJ. Bolivia will not only rely on the outcome from the Peru dispute, but also include past promises by the Chileans to negotiate with Bolivia in its ICJ application.
ILSA Quarterly » volume 23 » issue 1 » October 2014
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