International Justice and Human Rights
The Institute of Law in collaboration with the Faculty of Law and Public Administration and in partnership with the Konrad Adenauer Stiftung, held on October 28, 2009 a legal encounter on "International Justice and Human Rights", in which the International Expert and Judge at the International Court of Justice, Professor Ahmad Mahiou, have participated. He addressed human rights from the perspective of international justice, and how to pursue the prosecution of states that commit war crimes and crimes against humanity.
Professor Mahiou focused on the importance and status of human rights in the world, and the states' commitments in that respect. In case of failing to fulfill its obligations on human rights, the problem reflects the lack of an effective judicial system, to make those states rectify their wrong doings and implement binding international norms.
He also addressed the historical emergence of the International Court of Justice, and the consequent presence of different types of international judiciary. He referred to the permanent international tribunals, transient or situational (ad hoc) courts, mixed special courts (hybrid) such as the courts in Sierra Leone, Iraq and Cambodia, ending with the Special International Tribunal related to the assassination of President Rafiq Hariri in Lebanon.
Prof. Mahiou pointed to the Goldstone Report and the possibility of the Israeli war criminals to be sued for crimes committed in the Gaza Strip, where he stressed the importance and the need to report to the Security Council to endorse the Goldstone report and the need to be adopted and raised to the International Criminal Court, so that further action can be taken, in accordance with the facts established in the report.
He explained that the presentation of the report to the General Assembly of the United Nations may get a positive vote, nonetheless the report must go through the Security Council, knowing that the United States and possibly other countries will use the veto, which would hinder and prevent the prosecution of the war criminals. He added that once the Security Council debates the Goldstone report, this is in itself a great accomplishment.
Prof. Mahiou pointed to the Goldstone Report and the possibility of the Israeli war criminals to be sued for crimes committed in the Gaza Strip, where he stressed the importance and the need to report to the Security Council to endorse the Goldstone report and the need to be adopted and raised to the International Criminal Court, so that further action can be taken, in accordance with the facts established in the report.
He explained that the presentation of the report to the General Assembly of the United Nations may get a positive vote, nonetheless the report must go through the Security Council, knowing that the United States and possibly other countries will use the veto, which would hinder and prevent the prosecution of the war criminals. He added that once the Security Council debates the Goldstone report, this is in itself a great accomplishment.
Prof. Ahmed Mahiou is Director of Research Emeritus at the National Center for Scientific Research, Aix-en-Provence, member of the Institute of International Law and Judge ad hoc at the International Court of Justice.
He is the author of numerous articles on constitutional law, administrative law and international law and international relations. His major publications include: La formation des normes en droit international du développement (1983), La codification du droit international (1999), Droit international et développement (2000), La sécurité alimentaire (2006).
