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Remarks by Dinah Shelton

Published online by Cambridge University Press:  28 February 2017

Dinah Shelton
Dinah Shelton*
Affiliation:
George Washington University Law School
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Abstract

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Type
The Status of the Individual in International Law
Information
Proceedings of the ASIL Annual Meeting , Volume 100 , 2006 , pp. 249 - 252
Copyright
Copyright © American Society of International Law 2006

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References

* Ms, La Rosa did not contribute remarks.

1 L. Oppenheim, International Law (2d ed. 1912).

2 Convention (No. IV) Respecting the Laws and Customs of War on Land, with annex of Regulations (The Hague, Oct. 18, 1907), 36 Stat. 2277, Ts No. 539, Pmbl.

3 Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties, Report Presented to the Preliminary Peace Conference, reprinted in 14 AJIL 95, 115 (1920).

4 Id. at 117. The two U.S. members of the commission took a more positivist view and dissented from the statement that individuals could be tried for having violated the “laws of humanity.” Id. at 134.

5 Garner, James W. Punishment of Offenders Against the Laws and Customs of War, 14 AJIL 70, 91 (1920)CrossRefGoogle Scholar. The government of the Netherlands refused to extradite the emperor, and he was never tried.

6 See Practice Direction XII of the International Court of Justice, adopted July 30, 2004, on submissions by nongovernmental organizations in advisory proceedings.

7 ICCPR, General Comment No. 26 (Continuity of Obligations), Sixty-first Session 1997, A/53/40/annex VII.

8 Inter-Am. Comm’n Hum. Rts., Annual Report of the Inter-American Commission on Human Rights, Victims of the Tugboat ‘13 de marzo’ v. Cuba, Rep. No. 47/96, Or OEA/Ser.L/V/II.95/Doc. 7, rev (1997) at 146.

9 Inter-Am. Ct. Hum. Rts., Juridical Condition and Rights of the Undocumented Migrants, Advisory Opinion OC-18/03, Sept. 17, 2003.

10 Id., 73.

11 Id., 100.