Papers delivered at the ICJ Conference on “Human Rights and the Administration of Justice Through Military Tribunals”

by | Nov 9, 2004 | Events

The ICJ is pleased to make available the papers presented at the Conference “Human Rights and the Administration of Justice Through Military Tribunals” held in Geneva on 26-28 January 2004.

The ICJ is pleased to make available the papers presented at the Conference “Human Rights and the Administration of Justice Through Military Tribunals” held in Geneva on 26-28 January 2004.

This conference aimed at starting a discussion on the rules of international law applicable to military tribunals – especially human rights law and humanitarian law – so as to identify the international legal framework within which military tribunals have to operate. It was also intended to recall the already existing international corpus juris concerning military tribunals as a basis for this discussion.
The Conference heard from representatives of different military justice systems, government representatives, NGO’s representatives and academics.

Please find below the agenda of the conference. For further information, contact Isabelle Heyer at heyer@icj.org.

Human Rights and the Administration of Justice Through Military Tribunals
Geneva, 26-28 January 2004
AGENDA

Monday 26 January

9:30 – 10:00: Registration

10:00 – 11:00: Opening

–  General presentation on the Conference purposes and objectives: Ernst Lueber, Acting Secretary-General, International Commission of Jurists

–  General presentation underlining the basic principles of the administration of justice: Emmanuel Decaux, Expert of the UN Sub-Commission on the Promotion and Protection of Human Rights

  • Challenges and stakes for the administration of justice by military tribunals: Louis Joinet, Independent expert appointed by the Secretary-General on the situation of human rights in Haiti and former member of the UN Working Group on arbitrary detention

11:00 – 12:30: Different models of military jurisdiction and judicial guarantees

  • Major General Anthony Rogers, Former Director, Army Legal Services, United Kingdom
  • Federico Andreu, Senior Legal Adviser, International Commission of Jurists
  • Questions and debate

12:30 – 13:00: Military offences, common law offences and military jurisdiction

  • Major General David Howell, Director, Army Legal Services, United Kingdom
  • Rodolfo Mattarollo, Chief of Cabinet, Human Rights Department, Ministry of Justice, Security and Human Rights, Argentina

15:00 – 16:00: Military offences, common law offences and military jurisdiction (continued)

  • Questions and debate

16:00 – 18:00: Trial of military and police personnel for grave violations of human rights by military tribunals

  • Ariel Dulitzky, Senior Specialist, Inter-American Commission on Human Rights
  • Colonel Prudencio García, International consultant and researcher, National Institute of Science and Society, Spain
  • Questions and debate

 

Tuesday 27 January

9:30 – 10:00: Registration

10:00 – 12:00: Trial of civilians by military tribunals in light of international human rights law

  • Wilder Tayler, Legal and Policy Director, Human Rights Watch
  • Ibrahima Kane, Legal Officer for Africa, Interights
  • Carlos Vicente De Roux, Former Judge of the Inter-American Court of Human Rights
  • Questions and debate

12:00 – 13:00: Military criminal procedure and judicial guarantees of military personnel accountable for military offences

  • Brigadier Titus K. Githiora, Chief of Legal Services, Kenya Armed Forces
  • Sarah Burton, Lawyer, Service of the execution of judgments of the European Court of Human Rights
  • Roberta Arnold, Legal Adviser, Laws of Armed Conflict Section, Chief General Staff, Swiss Department of Defence

15:00 – 16:00: Military criminal procedure and judicial guarantees of military personnel accountable for military offences (continued)

  • Questions and debate

16:00 – 18:00: Armed conflicts and military tribunals

  • James Ross, Senior Legal Adviser, Human Rights Watch
  • Gabor Rona, Legal Adviser, International Committee of the Red Cross
  • Questions and debate

 

Wednesday 28 January

9:30 – 10:00: Registration

10:00 – 11:45: Armed forces abroad, peacekeeping operations and military tribunals

  • Françoise Hampson, Expert, UN Sub-Commission on the Promotion and Protection of Human Rights
  • Lieutenant-Colonel Michael R. Gibson, Director of Military Justice Policy and Research, Canadian Forces Office of the Judge Advocate General
  • Eric David, Professor, Center of International Law, Université Libre de Bruxelles, Belgium
  • Questions and debate

11:45 – 13:00: Conscientious objection and military tribunals

  • Rachel Brett, Representative, United Nations Quakers Office
  • Antonio Abate, Chief Lawyer of the Legal Department, Office of the Armed Forces Attorney General, Swiss Department of Defence
  • Marie-Claire Corminboeuf, Head of the Civil Service Regional Center, Suisse Romande (French-speaking part of Switzerland)
  • Questions and debate

15:00 – 17:45: Conclusions

  • Presentation of the final report: Cordula Droege, Legal Officer, International Commission of Jurists
  • General debate
  • Conclusions by Mr. Emmanuel Decaux, Expert of the UN Sub-Commission on the Promotion and Protection of Human Rights

17:45 – 18:00: Closing

  • Federico Andreu, Senior Legal Adviser, International Commission of Jurists

Monday Presentations [full text, PDF]

Tuesday Presentations [full text, PDF]

Wednesday Presentations [full text, PDF]

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