* Adam Isaac Hasson is the Editor-in-Chief of the Boston College International & Comparative Law Review.
1 746 F. Supp. 1506 (S.D. Fla. 1990), aff’d, 117 F.3d 1206 (11th Cir. 1997).
1 Separation of Powers-Head of State Immunity-Eleventh Circuit Holds that the Executive Branch’s Capture of Noriega Exempts Him from Head of State Immunity-United States v. Noriega, 117 F.3d 1206 (11th Cir. 1997), 111 Harv. L. Rev. 849, 849 (1998) [hereinafter Separation of Powers].
2 Id.
3 Nathaniel Sheppard Jr. & Linda P. Campbell, Noriega Challenges U.S. Court-Lawyers Contest Jurisdiction, Say Client is a Political Prisoner, Chi. Trib., Jan. 5, 1990, at C1.
4 Noriega Gives Up Leader in Panama, Leaves Embassy, Flown to Florida, St. Louis Post-Dispatch, Jan. 4, 1990, at 1A [hereinafter Dispatch].
5 United States v. Noriega, 746 F. Supp. 1506, 1510 (S.D. Fla. 1990) [hereinafter Noriega I].
6 John M. Goshko, Bush Confronts Dilemma Over Panama; President Must Choose Between Actions Likely to Fail or to Endanger U.S. Interests, Wash. Post, May 10, 1989, at A23. The PDF was approximately 15,000 in strength. Id.
7 Noriega I, 746 F. Supp. at 1510.
8 Id.
9 Id. at 1511.
10 See id.
11 See id.
12 United States v. Noriega, 117 F.3d 1206, 1210 (11th Cir. 1997) [hereinafter Noriega II]. Noriega also had a long tenure as a Central Intelligence Agency informer prior to the indictment. See Dispatch, supra note 5. The United States later publicly acknowledged that the CIA and the U.S. Army had paid Noriega approximately $320,000 over his career. Larry Rohter, More Than an Ex-Dictator’s Future at Stake as Trial of Noriega Begins, N.Y. Times, Sept. 5, 1991, at D24 [hereinafter Rohter I].
13 Noriega I, 746 F. Supp. at 1211.
14 Id.
15 Id.
16 Id.
17 Id. at 1209.
18 Noriega II, 117 F.3d at 1209–10. The United States continued to recognize Delvalle as the leader of Panama until the election of Guillermo the following year. Id. at 1210.
19 Rohter I, supra note 13.
20 Goshko, supra note 7.
21 Id.
22 Id.
23 See generally id. (citing that American sanctions had not had any effect upon Noriega, who was independently wealthy as a result of his dealings with the Medellin Cartel).
24 Noriega I, 746 F. Supp. at 1511; Communication from the President of the United States Transmitting a Report on the Development Concerning the Deployment of United States Forces to Panama on December 20, 1989, H.R. Doc. No. 101–127 (1990) [hereinafter President’s Letter].
25 Abraham D. Sofaer, The Legality of the United States Action in Panama, 29 Colum. J. Transnat’l L. 281, 285 (1991).
26 Noriega I, 746 F. Supp. at 1511. Endara had won the Panamanian presidential election held several months earlier, the results of which were nullified by Noriega. Id.
27 President’s Letter, supra note 25.
28 Noriega I, 746 F. Supp. at 1511.
29 President’s Letter, supra note 25.
30 Noriega I, 746 F. Supp. at 1511.
31 Noriega Gives Up to U.S. Military, Toronto Star, Jan. 4, 1990, at A1 [hereinafter Toronto].
32 Sheppard & Campbell, supra note 4.
33 Toronto, supra note 32.
34 Id. The playing of music was discontinued after Embassy staff complained of harassment. Id.
35 See id.
36 Sheppard & Campbell, supra note 4.
37 Toronto, supra note 32.
38 Id.
39 Dispatch, supra note 5.
40 Rohter I, supra note 13.
41 Toronto, supra note 32.
42 Dispatch, supra note 5.
43 Toronto, supra note 32.
44 See generally Sofaer, supra note 26.
45 President’s Letter, supra note 25.
46 President’s Letter, supra note 25. Bush stated several objectives, including: (1) protection of American lives; (2) defense of democracy in Panama; (3) ensuring the integrity of the Panama Canal Treaties; and (4) the apprehension of General Noriega to bring him to trial on drug related charges in the United States. Id.
47 Id. Article 51 provides that, “[n]othing . . . shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations . . . .” U.N. Charter art. 51, para. 1.
48 President’s Letter, supra note 25.
49 Dispatch, supra note 5.
50 See Sofaer, supra note 26, at 282.
51 U.N. Charter art. 2(4), para. 1.
52 Sofaer, supra note 26, at 281. See generally T. Modibo Ocran, The Doctrine of Humanitarian Intervention in Light of Robust Peacekeeping, 25 B.C. INT’L & COMP. L. REV. 1, 32 (2001).
53 Sofaer, supra note 26, at 284 n.12. The following classified violations occurred between 1988–1989: (1) a U.S. Army sergeant, detained for allegedly fighting with a Panamanian citizen, was reported to have been beaten with a rubber hose; (2) a U.S. Army sergeant allegedly was attacked and forced into a car trunk by a Panamanian dressed in military uniform, who then proceeded to rape the sergeant’s wife; (3) PDF members allegedly fired shots through the window of a home occupied by a U.S. Army officer; (4) a member of the U.S. Navy was detained by the PDF for a parking violation and allegedly beaten after refusing to relinquish his watch and ring; and (5) a PDF member fired a shot into a vehicle carrying the children of U.S. Defense Department employees. Id.
54 See id. at 285.
55 Id. at 290. It is claimed that Noriega repudiated American rights in the Canal when he publicly declared, on December 20, 1989, “only one territory and only one flag.” Id.; see also Panama Canal Treaties, Sept. 7, 1977, U.S.–Pan., 33 U.S.T. 1–491.
56 Sofaer, supra note 26, at 290.
57 Id. at 287.
58 See generally Ved P. Nanda, Agora: U.S. Forces in Panama: Defenders, Aggressors or Human Rights Activists?, 84 Am. J. Int’l. L. 494, 494 (1990).
59 Id. at 497.
60 See id.
61 Id.
62 Id. at 498.
63 Dispatch, supra note 5.
64 Noriega I, 746 F. Supp. at 1510.
65 Id.
66 Steve Albert, The Case Against the General 137 (1993).
67 Id. at 137–38.
68 Id. at 138.
69 Id.
70 Id.
71 Albert, supra note 67, at 139.
72 See id. at 138. The defense argued that Noriega’s acts had no direct physical consequences in the United States, and in the alternative, the effects were at best ambiguous. Id. at 139. Furthermore, the defense reiterated the fears of the Caribbean Community and Common Market, who were wary that without a limit to American jurisdiction in this case there would be virtually no limit to a nation’s exercise of jurisdiction in the future. Id.
73 Id. at 141.
74 Id. The prosecution pointed out that Noriega was alleged to have arranged for the shipment of 2141 pounds of cocaine to be transported from Panama into Miami in June, 1984, and that Noriega had arranged for the purchase of a business class jet in Miami that would be used to fly proceeds of cash sales and drugs between Miami and Panama. Id.
75 See id.
76 Albert, supra note 67, at 141.
77 Noriega I, 746 F. Supp. at 1512.
78 Albert, supra note 67, at 141.
79 See id. at 142.
80 See id.
81 Id.
82 A brief overview of the motion is provided here to give the reader a broad framework of the action.
83 See Sheppard & Campbell, supra note 4.
84 Id.
85 Larry Rohter, The Noriega Verdict; U.S. Jury Convicts Noriega of Drug-Trafficking Role as the Leader of Panama, N.Y. Times, Apr. 10, 1992, at A1 [hereinafter Rohter II].
86 Id.
87 Noriega II, 117 F.3d at 1210.
88 Id. at 1222.
89 Id.
90 Noriega I, 746 F. Supp. at 1511–12. The bases for the motion to dismiss were: (1) lack of jurisdiction; (2) claim of immunity; (3) prisoner of war status; (4) illegal military action; and (5) violation of due process. Id.
91 Id. at 1509.
92 Id. at 1512.
93 Louis Henkin et al., International Law 1046 (3d ed. 1993).
94 See Restatement (Third) of Foreign Relations Law of the United States � 401 (1987).
95 Id. � 401(a).
96 Henkin, supra note 94, at 1046.
97 Id.
98 Noriega I, 746 F. Supp. at 1512.
99 Henkin, supra note 94, at 1047.
100 See generally id. at 1049.
101 Christopher L. Blakesley, United States Jurisdiction Over Extraterritorial Crime, 73 J. Crim. L. & Criminology 1109, 1110 (1982).
102 Henkin, supra note 94, at 1049.
103 Blackmer v. United States, 284 U.S. 421, 438 n.2 (1932).
104 Blakesley, supra note 102, at 1111.
105 Restatement, supra note 95, � 403 reporter’s note 3. All nations of the world recognize that a person who intends to put into motion that which has effects in another state is answerable to the state where the evil is done. Noriega I, 746 F. Supp. at 1513 (citing Rivard v. United States, 375 F.2d 882, 887 (5th Cir. 1967)). The protective principle recognizes the right of a state to punish offenses committed outside the territory by non-nationals that are directed against the security of the state, or other offenses threatening the integrity of the governmental functions that are generally recognized as crimes by developed legal systems. Restatement, supra note 95, � 402 cmt. f.
106 United States v. Aluminum Co. of Am. et al., 148 F.2d 416, 443 (2d Cir. 1945).
107 Noriega I, 746 F. Supp. at 1513.
108 Blakesley, supra note 102, at 1111. The United States has recognized the passive personality principle at least where the state has a particularly strong interest in the crime. United States v. Fawaz Yunis, 924 F.2d 1086, 1091 (D.C. 1991).
109 Blakesley, supra note 102, at 1111. In February, 2001, the International Criminal Tribunal for the Former Yugoslavia, finding three Bosnian Serbs guilty of the rape and torture of women during the Bosnian War, for the first time ruled that rape was a crime against humanity, opening a whole new category of war crime that may be amenable under a more liberal basis of jurisdiction such as the universal principle. See Peter Finn, Watershed Ruling on Rape; Serbs Found Guilty of “Crime Against Humanity,” Wash. Post, Feb. 23, 2001, at A01.
110 See Fawaz Yunis, 924 F.2d at 1091.
111 See Case of the S. S. Lotus (Fr. v. Turk.), 1927 P.C.I.J. (ser. A) No. 10, at 21.
112 See generally Restatement, supra note 95, � 403.
113 Id. � 403(1).
114 Id. � 403(2).
115 See id., reporter’s note 1; see also Hartford Fire Ins. Co. v. California, 509 U.S. 764, 813-14 (1993) (Scalia, J., dissenting).
116 See Restatement, supra note 95, � 403 reporter’s note 8.
117 Timberlane Lumber Co. et al. v. Bank of Am. Nat’l Trust & Savings Ass’n, 549 F.2d 597, 610 (9th Cir. 1976).
118 Id. at 609.
119 See id. at 611.
120 Noriega I, 746 F. Supp. at 1512.
121 Id.
122 Id.
123 Id.
124 See id. at 1515–19 (providing that a statute is given extraterritorial effect where Congress intends so; in the absence of such intent, courts may infer the power to exercise extraterritorial jurisdiction under the statute).
125 Noriega I, 746 F. Supp. at 1515–19.
126 See id. at 1512.
127 Id. at 1513 (citing United States v. Postal, 589 F.2d 862, 862 (5th Cir. 1929)).
128 Id. at 1513 (citing United States v. Wright-Barker, 784 F.2d 161, 168 (3d Cir. 1986)). International law does not prohibit jurisdiction in such circumstances subject to the principle of reasonableness. See Restatement, supra note 95, � 403(1). Such action in the absence of international prohibition is not illegal. See generally S. S. Lotus (Fr. v. Turk.), 1927 P.C.I.J. (ser. A) No. 10, at 21.
129 See Noriega I, 746 F. Supp. at 1513.
130 Id. at 1513–14.
131 Henkin, supra note 94, at 1049.
132 See generally Noriega I, 746 F. Supp. at 1514.
133 See Henkin, supra note 94, at 1049.
134 Noriega I, 746 F. Supp. at 1514.
135 See Joseph M. Sweeney, The International Law of Sovereign Immunity i (1963).
136 Id.
137 Id.
138 See id.
139 Id.
140 Sweeney, supra note 136, at ii.
141 Id.
142 Id. In Societe Anonyme des Chemins de Fer Liegeois Luxembourgeois v. The Netherlands, decided June 11, 1903, the Supreme Court of Belgium stated the difference between public and private acts as follows:
Sovereignty is involved only when political acts are accomplished by the state. . . . However, the state is not bound to confine itself to a political role, and can . . . buy, own, contract, become creditor or debtor, [become criminally liable], and engage in commerce. . . . In the discharge of these functions, the state is not acting as public power, but does what private persons do, and as such, is acting in a civil and private capacity.
Id. at ii–iii.
143 Id. at vii.
144 See id.
145 Sweeney, supra note 136, at 7.
146 See Restatement, supra note 95, � 451 cmt. a.
147 Id., reporter’s note 1.
148 Id., cmt. a.
149 Michael P. Davis, Accountability and World Leadership: Impugning Sovereign Immunity, 1999 U. Ill. L. Rev. 1357, 1367.
150 Id.
151 Id. at 1368.
152 See generally Chuidian v. Philippines Nat’l Bank, 912 F.2d 1095, 1099 (9th Cir. 1990).
153 Id.
154 John R. Stevenson et al., United States Law of Sovereign Immunity Relating to International Financial Transactions 13 (1983).
155 See id. at 13–14.
156 Id. at 15.
157 Id. at 14.
158 Id. at 15.
159 Chuidian, 912 F.2d at 1110.
160 28 U.S.C. �� 1602–1605 (1994 & Supp. 2000).
161 Chuidian, 912 F.2d at 1110; see also Stevenson et al., supra note 155, at 17. The FSIA became effective January 19, 1977. Id.
162 Chuidian, 912 F.2d at 1110.
163 Id.
164 Stevenson, supra note 155, at 18 (citing 28 U.S.C. � 1604).
165 28 U.S.C. � 1605 (a)(1),(2).
166 Noriega II, 117 F.3d at 1212; see Ved P. Nanda, Human Rights and Sovereign Immunities (Sovereign Immunity, Act of State, Head of State Immunity and Diplomatic Immunity)—Some Reflections, 5 ILSA J. Int’l. & Comp. L. 467, 470 (1999).
167 Noriega II, 117 F.3d at 1212.
168 See Noriega I, 746 F. Supp. at 1519.
169 See generally id. at 1519–25.
170 See generally Nanda, supra note 167, at 470.
171 Noriega I, 746 F. Supp. at 1519 (citing In re Grand Jury Proceedings, Doe #700, 817 F.2d 1108, 1110 (4th Cir. 1987)).
172 Id.
173 Id.
174 Id.
175 Ian Brownlie, Principles of Public International Law 92 (4th ed. 1990).
176 Noriega I, 746 F. Supp. at 1519.
177 Noriega II, 117 F.3d at 1212.
178 Noriega I, 746 F. Supp. at 1520 (citing Schooner Exchange v. M’Faddon, 11 U.S. (7 Cranch) 116 (1812)).
179 Noriega II, 117 F.3d at 1212.
180 Id.
181 844 F. Supp. 128 (E.D.N.Y. 1994).
182 Nanda, supra note 167, at 476. Cases such as these are more common than one might expect. For example, in the winter of 2001, two such cases made headlines in the international press. In a French case, a French prosecutor urged France’s highest court to protect Libyan leader Muammar Gaddafi from prosecution for the 1989 bombing of a French DC-10 airliner over Niger in which 170 people died, fearing that such a prosecution would open a “Pandora’s box” of possible suits against France. Reuters, French Prosecutor Urges Immunity for Gaddafi, N.Y. Times, Feb. 27, 2001, available at http://www. nytimes.com/reuters/world/international-france.htm. In another case, the Bush Administration moved to grant President Mugabe of Zimbabwe immunity from a civil suit accusing him of torture, ordering murders, and terrorism, citing the principle of reciprocity. Jim Wolf, U.S. Seeks to Shield Mugabe from Suit, Boston Globe, Feb. 26, 2001, at A6. Additionally, a Belgian court also sought to test the limits of universal jurisdiction, attempting to indict Israeli Prime Minister Ariel Sharon for allegedly allowing the massacre of Palestinians during the Lebanon invasion. Victors’ Justice, Newsday, July 8, 2001, at B1–B2.
183 Noriega I, 746 F. Supp. at 1521.
184 See Restatement, supra note 95, � 443(1); see also Underhill v. Hernandez, 168 U.S. 250, 250 (1897).
185 Noriega I, 746 F. Supp. at 1521.
186 Id. (citing Alfred Dunhill of London, Inc. v. Republic of Cuba, 425 U.S. 682, 694 (1976)).
187 Id. at 1523.
The text of the Constitution does not require the act of state doctrine; it does not irrevocably remove from the judiciary the capacity to review the validity of foreign acts of state. . . . [The doctrine’s] ‘constitutional’ underpinnings . . . [arise] out of the basic relationship between branches of government in a system of separation of powers.
Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 423 (1964).
188 Id. at 1522.
189 Noriega II, 117 F.3d at 1212.
190 Noriega I, 746 F. Supp. at 1528.
191 Id.
192 See id. at 1529.
193 Id.
194 See Ker v. Illinois, 119 U.S. 436, 444 (1886).
195 Id. at 438.
196 Id. at 442.
197 See Noriega I, 746 F. Supp. at 1532.
198 United States v. Toscanino, 500 F.2d 267 (2d Cir. 1974).
199 Id. at 275.
200 Id. at 270. The defendant was forced to walk up and down a hallway for several hours at a time, had alcohol flushed into his eyes, his fingers pinched with pliers, and was severely beaten. Id.
201 Noriega I, 746 F. Supp. at 1531 n.27.
202 See Noriega II, 117 F.3d at 1212–14.
203 See id. at 1513.
204 504 U.S. 655 (1992).
205 Noriega II, 117 F.3d at 1213. In Machain, the Court rejected the argument that an extradition treaty prohibited the United States from abducting a criminal defendant from Mexico. Alvarez-Machain, 504 U.S. at 662.
206 Separation of Powers, supra note 2, at 846.
207 Id. at 852.
208 See generally id.
209 Id.
210 Id.
211 Separation of Powers, supra note 2, at 854.
212 Id.
213 Nanda, supra note 167, at 477.
214 See Curtis A. Bradley & Jack L. Goldsmith, Federal Courts and the Incorporation of International Law, 111 Harv. L. Rev. 2260, 2270 (1998).
215 See generally Jamison G. White, Nowhere to Run, Nowhere to Hide: Augosto Pinochet, Universal Jurisdiction, the ICC and a Wake-Up Call for Former Heads of State, 50 Case W. Res. L. Rev. 127, 144 (1999).
216 See id. at 145.
217 See generally Michael Byers, The Law and Politics of the Pinochet Case, 10 Duke J. Comp. & Int’l. L. 415, 415–16 (2000).
218 White, supra note 216, at 145.
219 William J. Aceves, Liberalism and International Legal Scholarship: The Pinochet Case and the Move Towards a Universal System of Transnational Law Litigation, 41 Harv. Int’l. L. J. 129, 160–61 (2000). Pinochet led a military coup against the socialist government of Salvador Allende on September 11, 1973. After seizing power and declaring himself President, Pinochet engaged in a brutal crackdown of opposition groups in an attempt to consolidate political power by torturing and killing both Chilean citizens and foreign nationals. Id.
220 Id.
221 Id. at 162.
222 Byers, supra note 218, at 416–17, 422.
223 See Aceves, supra note 220, at 162–63.
224 Id. at 164.
225 White, supra note 216, at 144–45.
226 Byers, supra note 218, at 415.
227 Aceves, supra note 220, at 165.
228 Id. at 165–66.
229 Id. at 166–67.
230 Ruth Wedgwood, 40th Anniversary Perspective: International Criminal Law and Augosto Pinochet, 40 Va. J. Int’l. L. 829, 831 (2000).
231 Ariel Dorfman, Chilean Courts Finally Ready to Face Pinochet, The Times UniON (Albany, NY), Aug. 10, 2000, at A15.
232 Isabel Hilton and Jeevan Vasagar, Pinochet to Stand Trial: Ex President Arrested and Indicted for Alleged Crimes, The Guardian (London), Dec. 2, 2000, at 1.
233 Clifford Krauss, Judge Reinstates Pinochet Case With New Order For House Arrest, N.Y. Times, Jan. 30, 2000, at A3.
234 Marc Cooper, As Bush Heads South: Chile and the End of Pinochet, The Nation, Feb. 26, 2001, at 11.
235 Id. The medical examiners found that Pinochet suffered from “light to moderate vascular dementia”—clinical language for a type of arteriosclerosis. Id.
236 Krauss, supra note 234.
237 See Chilean Appeals Court Will Not Tender Pinochet Ruling this Week, Agence Fr. Presse, Feb. 21, 2001, at 1.
238 See generally Patrice M. Jones, Charges Against Pinochet Tossed Out; Court Voids Homicide Counts but Rules Trial for Cover-Up is OK, Chi. Trib., Mar. 9, 2001, at N3.
239 Id.
240 Brian Winter, Judge is Said to Allow Bail for Pinochet, Boston Globe, Mar. 13, 2001, at A8.
241 See generally Jones, supra note 239.
242 See id.
243 See id.
244 Clifford Krauss, Court in Chile Rules Against Trial for Pinochet, N.Y. Times, July 10, 2001, available at http://www.nytimes.com/2001/07/10/world/10CHIL.html.
245 See Byers, supra note 218, at 417. The alleged crimes of torture were believed to have come under the purview of universal jurisdiction, while the alleged murder of Spanish citizens in Chile was based on the passive personality principle. Id.; see also Aceves, supra note 220, at 162–63; White, supra note 216, at 145.
246 Byers, supra note 218, at 434.
247 Krauss, supra note 245.
248 William Miller, Slobodan Milosevic’s Prosecution by the International Criminal Tribunal for the Former Yugoslavia: A Harbinger of Things to Come for International Criminal Justice, 22 Loy. L.A. Int’l. & Comp. L. J. 553, 554–55 (2000).
249 Indictment, Prosecutor of the Tribunal v. Milosevic et al., �� 90–100 (Int’l Crim. Trib. For the Former Yugoslavia 1999), available at http://www.un.org/icty/indict-ment/english/mil-ii990524e.htm (last visited June 26, 2001) [hereinafter Indictment]; Miller, supra note 249, at 562. The conflict in Kosovo began in 1989, when then President Milosevic ordered the Kosovo Assembly to surrender its autonomous status. Id. Throughout 1998, Serbians continued raids and offensives against Albanians in Kosovo. Id. In 1999, the conflict escalated into a full-scale attack, resulting in the exodus of 20,000 Albanians from Kosovo per day. Id. By May, 1999, over 491,000 Kosovo Albanians had fled, were murdered, or were deported. Id. at 561. See also Slobodan Milosevic: Reversal of Fortune (June 28, 2001), available at http://www.cnn.com/SPECIALS/2001/milosevic/ stories/milosevic. A warrant for Milosevic’s arrest and freezing of assets was reissued on January 22, 2001. Archive for the Milosevic et al. Case (Jan. 26, 2001), available at http://www.un.org/icty/ news/Milosevic/milosevic-cd.htm.
250 Deborah Tedford, Head of War Crimes Tribunal Seeking Evidence of Atrocities, Houston Chron., Apr. 9, 1999, at A4.
251 Carlotta Gall, Serbs Seem to Tighten Noose Around Milosevic, N.Y. Times, Feb. 26, 2001, available at http://www.nytimes.com/2001/02/26/world/26YUGO.htr.
252 Indictment, supra note 250; Charles Trueheart, Hague Indictment Names Serb Chiefs; Milosevic and Four Others Face Kosovo War Crimes Charges, Int’l. Herald Trib., May 28, 1999, at 1.
253 Indictment, supra note 250; Milosevic et al. Case Facts, available at http://www. un.org/icty/milosevic/mil-fact.htm (last visited Aug. 1, 2001).
254 See Misha Savic, Milosevic Soon to Face his Interrogators, The Guardian (London), Feb. 26, 2001, at 13.
255 Katarina Kratovac, Law Change Could Mean Milosevic Extradition, Boston Globe, Feb. 14, 2001, at A13.
256 Janine di Giovanni, Milosevic Aides to be Arrested Within Days, The Times (London), Feb. 24, 2001, at 1.
257 Kratovac, supra note 256.
258 Savic, supra note 255.
259 Reuters, Judicial Source: Court Could Summon Milosevic Soon, N.Y. Times, Feb. 27, 2001, available at http://www.nytimes.com/reuters/world/international-yugosla.htr.
260 See Savic, supra note 255. Markovic was detained in connection with a 1999 attempted assassination of Vuk Draskovic, an opposition leader, the murder of newspaper publisher Slavko Curuvija, id., the assassination of the warlord Arkan and defense minister Pavle Bulatovic, and the disappearance of former President Ivan Stambolic. Vesna Peric Zimonjic, Milosevic Likely to be Arrested Within Days, Independent (London), Feb. 26, 2001, at 2.
261 Savic, supra note 255.
262 di Giovanni, supra note 257.
263 Press Release, The Hague (Apr. 4, 2001), available at http://www.un.org/icty/ pressreal/p584-e.htm.
264 di Giovanni, supra note 257.
265 See Alan Sipress, Yugolsavia Vows Arrest of Milosevic, Int’l Herald Trib., Mar. 8, 2001, at 4.
266 Id.; Bill Glauber, What to do about Milosevic?; Though Trial Seems Likely, Big Questions are Where and When, Balt. Sun, Mar. 14, 2001, at 1A.
267 Zimonjic, supra note 261.
268 Anton La Guardia, Milosevic Broods as Pressure for his Arrest Grows, Daily Tel., Mar. 9, 2001, at 18.
269 Steven Erlanger, Serb Authorities Arrest Milosevic to End Standoff, N.Y. Times, Apr. 1, 2001, at A1.
270 Id.
271 Id.
272 Id.
273 Carlotta Gall, Yugoslavs Act on Hague Trial for Milosevic, N.Y. Times, June 24, 2001, available at http://www.nytimes.com/2001/06/24/world/24YUGO.html.
274 Marlise Simons & Carlotta Gall, Milosevic is Given to U.N. for Trial in War-Crime Case, N.Y. Times, June 29, 2001, available at http://www.nytimes.com/2001/06/29/world/ 29CND-HAGUE.html. Following the extradition, the indictment against Milosevic was expanded to charge him with additional atrocities. See Amended Indictment, Prosecutor of the Tribunal v. Milosevic et al. (Int’l Crim. Trib. for the Former Yugoslavia 1999), available at http://www.un.org/icty/indictment/english/ mil-ai010629e.htm (last visited Aug. 15, 2001).
275 Press Advisory, The Hague (June 29, 2001), available at http://www.un.org/icty/ pressreal/ADV00629.htm; Associated Press, Text: Milosevic Court Appearance, N.Y. Times, July 3, 2001, available at http://www.nytimes.com/aponline/world/AP-Milosevic-Text.htm. Illustrating his belief that the Tribunal was an illegal entity, Milosevic refused to retain an attorney. Press Briefing, The Hague (Aug. 1, 2001), available at http://www.un.org/icty/ briefing/PB010801.htm.
276 Prosecutor v. Milosevic, No. IT-99-37-PT (Nov. 8, 2001), available at http://www.un. org/icty/milosevic/decision-e/011108e.htm.
277 Id.
278 Id. �� 26-34 (quoting the Statute, which provides, “the official position of any accused person, whether as Head of State or Government . . . shall not relieve such person of criminal responsibility”).
279 Id. � 28.
280 Id. �� 29-34.
281 See generally Tightening the Net, Japan Times, Mar. 8, 2001.
282 See generally Miller, supra note 249, at 564.
283 See generally Blakesley, supra note 102, at 1111.
284 Victors’ Justice, supra note 183.
285 See generally Trueheart, supra note 253.
286 See generally id.
287 See generally Wedgwood, supra note 231, at 845.
288 See Edith Brown Weiss, The Robert L. Levine Distinguished Lecture Series: The Rise or the Fall of International Law?, 69 Fordham L. Rev. 345, 345 (2000).
289 Mike Cooper, Milosevic Indicted by U.N. Tribunal; Belgrade Rejects Court Ruling, Chattanooga Times and Free Press, May 28, 1999, at A1.
290 See Christine M. Chinkin, Editorial Comments: NATO’s Kosovo Intervention: Kosovo: A “Good” or “Bad” War? 93 Am. J. Int’l. L. 841, 846 (1999).
291 Byers, supra note 218, at 419. As of November 8, 2001, 139 states have signed the Rome Statute, and forty-three out of sixty ratifications exist for its entry into force. Prosecutor v. Milosevic, supra note 277, � 31. On an academic level, a group of leading international scholars and jurists, convinced that more public international figures could face trial for their crimes in the future, proposed the Princeton Principles on Universal Jurisdiction. Barbara Crossette, Guidelines Issued for Trials of Rogue Leaders, N.Y. Times, July 23, 2001, available at http://www.nytimes.com/2001/07/23/ international/23COUR.html. These guidelines do not advocate head of state immunity. Id.
292 See id.
293 Aceves, supra note 220, at 134.
294 Byers, supra note 218, at 420.
295 See Wedgwood, supra note 231, at 834.
296 See Aceves, supra note 220, at 169.
297 Shahram Seyedin-Noor, The Spanish Prisoner: Understanding the Prosecution of Senator Augosto Pinochet Ugarte, 6 U.C. Davis J. Int’l. L. & Pol’y. 41, 43 (2000).
298 Id. at 44.
299 Victors’ Justice, supra note 183.
300 Id.
301 Id.
302 Seyedin-Noor, supra note 298, at 43–44.
303 Id.
304 Davis, supra note 150, at 1358.
305 Victor’s Justice, supra note 183.