October 17, 2017

The Magnitsky Act: A Bold Step Forward, but Changes Needed

CCIJ Commentary The Canadian Centre for International Justice applauds the Government of Canada and the Canadian Parliament for unanimously consenting to the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) on October 4. The Act enables the government to take measures against foreign nationals who are responsible for or complicit in corruption...

September 27, 2017

The Value of Assurances in Extradition Proceedings

India recently requested the extradition of Surjit Singh Badesha and Makit Kaur Sidhu who are Canadian citizens suspected of having conspired to murder Jaswinder Kaur Sidhu, the niece of Badesha and daughter of Sidhu, in an “honour killing”.1India v. Badesha, 2017 SCC 44. See the post-script for developments immediately following the decision. The case reached...

September 15, 2017

Reparations for the Destruction of the Precious Past

This article will explore the procedures and principles applied by the International Criminal Court (ICC) in ordering reparations for damage done to World Heritage sites. The case is remarkable because it was the first international trial concerning the destruction of historical and religious monuments alone and reparations for a war crime that was aimed at...

September 1, 2017

Judges as Perpetrators of War Crimes and Crimes Against Humanity

While it is uncommon, judges have been subject to disciplinary proceedings or even criminal trials. Often these criminal charges dealt with corruption but at times they have also involved more serious offences, such as murder.1In Canada, judge Jacques Delisle had been convicted of this crime, see http://montrealgazette.com/news/quebec/retired-quebec-judge-convicted-of-murder-to-remain-in-prison-pending-case-review. However, it almost unheard of to have the...

September 1, 2017

New Arrest Warrant at the International Criminal Court

On August 14, 2017, the Pre-Trial Chamber (PTC) of the ICC issued a warrant for the arrest of Mahmoud Mustafa Busayf Al-Werfalli in the situation, pertaining to Libya after the fall of the Gaddafi regime, referred to the Prosecutor by the Security Council.1See https://www.icc-cpi.int/CourtRecords/CR2017_05031.PDF. This is the 33rd person against whom proceedings have started by...

August 24, 2017

The Reach of an ICC Arrest Warrant

An earlier article in this Journal considered the attempt by the executive of the Government of South Africa to cut its ties with the ICC out of concern about the warrants issued by the Court for the arrest and surrender of Omar Hassan Ahmad Al-Bashir and the ruling of the High Court that the attempt...

August 9, 2017

Potential Corporate Liability in Transnational Law

An earlier article in this Journal1Pearl Eliadis, “Forum non Conveniens and Liability for Alleged Human Rights Violations: The Nevsun Resources Ltd. Case” (2017) 1 PKI Global Just J. The author noted that there would be a follow-up article discussing the issues of transnational law. discussed a preliminary application made by Nevsun Resources Ltd., a British...

July 31, 2017

Transnational Law and Canadian Courts: The Issue of Forum non Conveniens

Canadian extractive corporations do business around the world. Sometimes protest and conflict surround their activities or labour might be procured in less than humane ways and locals become victims. Can relief be sought where the parent corporation resides in Canada for what might amount to breaches of human rights norms? A story from Guatemala wanting...