Browsing by Author "Andreau, Emma"

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A Constitutional Order at a Global Level
(Te Herenga Waka—Victoria University of Wellington, 2011) Andreau, Emma
Since the end of World War II, the international legal order has considerably changed. This is due to the incredible increase of international organisations that are aiming at responding the new challenges the world encounters. States are not anymore the only actors on the international stage. This paper analyses the new international order and aims at proposing potential solutions to the problems the new order creates. The thesis of the paper is that the actual international order needs to be changed into an international constitutional order. The first section provides the reader with a definition of global governance and argues that such governance, in practice, already exists. The second section introduces the concepts of international constitutionalism and international constitution. This section will claim that world constitutionalism is needed to frame global governance, creating, among others, a system of checks and balances. Also, the paper will describe the potential consequences of an international order. The final section of the essay focuses on the United Nations arguing that this organisation acts already like an international government. However, this section proposes a new design for the United Nations that would make the institution more efficient, more democratic and fairer. The conclusion of this paper is that only international institutions are able to respond to the urgent challenges the world encounters. Word
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The ECHR and the Right to Remedy for the Victims of Extraordinary Renditions: The Case of Khaled El-Masri
(Te Herenga Waka—Victoria University of Wellington, 2011) Andreau, Emma
In 1995, United States President Bill Clinton enabled the Central Intelligence Agency to use rendition to bring suspected terrorists in front of a United States Court. After 9/11 this policy shifted from bringing suspected terrorists to justice to bringing suspected terrorists to ‘black sites’, where they are interrogated and abused. Khaled El-Masri is a victim of the CIA rendition programme. He was abducted in Macedonia after being mistaken for Khalid Al-Masri, a suspected member of Al-Qaeda. El-Masri was held for five months in Afghanistan where he was submitted to ill-treatment. When they realised that El-Masri was innocent, the CIA released him in the middle of the night, in a forest in Albania. El-Masri lodged a complaint before the Federal Courts of the United States but his claim was dismissed in the name of the ‘state secret’ doctrine. El-Masri lodged an application in front of European Court of Human Rights (ECHR) which accepted to consider the case. The thesis of this paper is that the ECHR could put an end to the absence of remedies for the victims of extraordinary renditions and encourage European states to stop participating in such a practice, by condemning them to compensate the victims. The first part of the paper will analyse the evolution of the rendition programme. The second part of the paper will analyse the right to liberty and security. The paper will then focus on the prohibition of torture and establishes to what extent the state of Macedonia could be held responsible for the ill-treatment El-Masri was subjected to. The last section will analyse the right to remedies. The conclusion of the paper is that the analysis of the Convention and the ECHR jurisprudence shows that it is possible to hold Macedonia responsible for the violation of human rights committed against El Masri. With this case the Court has the opportunity to put an end to the impunity of states accomplice to the CIA rendition programme.
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Proving the Intent to Commit Genocide in the Case of Omar Al Bashir
(Te Herenga Waka—Victoria University of Wellington, 2010) Andreau, Emma
On 12 July 2010 the Pre-Trial Chamber of the International Criminal Court issued a second warrant of arrest against the Sudanese President Omar Al Bashir. The warrant of arrest contains, among other crimes, three counts of genocide. This paper ponders whether President Al Bashir and the Government of Sudan acted with intent to commit genocide. The first section of this paper analyses whether there are protected groups targeted by the government in Darfur. The author proposes the use of a subjective criteria to determine whether the groups could be considered as ethnic groups. The second section of this paper concentrates on the definition of the intent to commit the crime of genocide, addressing the difficulties of proof the Prosecutor will encounter in such a trial against Al Bashir. The author concluded that, according to the information available to date, there is no evidence that the Sudanese government acted with genocidal intent in Darfur. Nevertheless, that should not stop the international community from taking action against the atrocities committed in Darfur.
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Targeted Killings: A Lawful Practice of Counter-Terrorism or Extra-Legal Execution?
(Te Herenga Waka—Victoria University of Wellington, 2011) Andreau, Emma
This paper analyses whether or not the counter-terrorism practice of targeted killings is legal under international human rights law. The paper gives an in depth analysis of the practice of targeted killings and examines the human rights at stake. In the second part the paper ponders if a state’s inherent right to self-defence legitimises the practice of targeted killings. The conclusion is that the practice of targeted killings is not compatible with the “imminence” element essential to the right to self-defence and, as a result, does not constitute a legitimate derogation to fundamental rights. Accordingly, the last section will examine alternatives to the use of targeted killings as a counter-terrorism method.