*** HANS KOCHLER: Global Justice or Global Revenge ? International Criminal Justice at the Crossroads. Springer-Verlag (4-6 Sachsenplatz, P. O. Box 89, A-1201 Vienna. Tel: (43-1) 3302415-0 - Fax: 3302426 - e-mail: springer@springer.at - Internet: http://www.springer.at ). 2003, 449 pp, 39 euros. ISBN 3-211-00795-4.
Certain prisons in the world, like Guantanamo Bay and Abu Ghraïb, unfortunately make this book highly topical. The author was appointed by the United Nations Secretary General as an observer at the Lockerbie trial. He makes philosophical reflections on principles of international global justice as it has developed until the present day, based on his work on the ground dealing with the ins and outs of the issue, working for an NGO working closely with the UN, the 'Organisation du progrès international', which recently celebrated thirty years of existence.
Firstly, Hans Köchler notes that since the First World War, international affairs have been imbued with the gradual recognition that national sovereignty could not longer be pursued without restriction as an absolute power of states. In the aftermath of the Second World War, the United Nations Organisation embodied this changed paradigm, wanting states to no longer be able to wage war at will. From that moment on, progress has been made in the direction of a fairer, more human world order, with human rights being seen as the foundation of any legal system, including international law. This change generated a series of conflicts between people defending international law based on sovereign nation states and people defending the idea of the primacy of human rights, the latter group being seen as the international community's 'common responsibility'. These conflicts have generally not been resolved, particularly since a new avenue of discord has come to light since the end of the Cold War. The question is now being asked, whether individual states or groups of states have the right to intervene outside their borders in order to protect human rights in another country or whether this 'exceptional right' should remain in the hands of the international community represented by the United Nations and, more specifically, its Security Council. In the view of Hans Köchler, the war waged in the Federal Republic of Yugoslavia in 1999 was the most tragic distillation of this dilemma. Had the book been written at a later date, it would surely not have failed to mention the Iraq war…
From this starting point, the author makes a series of convincing theses, converging in the aim of seeing a more effective international law emerge that is more autonomous of the good will of states. In his opinion, it should not only rest on universally recognised legal standards, but these standards have to be applied, which implies the existence of an effective system of international criminal law. In this connection, Hans Köchler explains that the current double standards prevailing in the pursuit of serious cases of international crime can only increase international tensions and demoralise people aspiring to a 'fair transnational order'. He sees the missing link between the doctrine of humanitarian intervention and international law (aspiring to become universal law) being the lack of any 'universal jurisdiction' covering all states and their citizens without granting immunity to some. In this connection, the establishment of the International Criminal Court is described as a 'major change of paradigm' in that it establishes as king of supranational entity representing a new type of authority vis-à-vis individual states and intergovernmental organisations. A convincing argument is made in this book, but it will no doubt fail to convince everyone on this planet given the current state of affairs …
Michel Theys
*** JEAN-FRANCOIS FLAUSS (Ed.): Les nouvelles frontières du droit international humanitaire. Etablissements Bruylant (67 rue de la Régence, B-1000 Brussels. Tel: (32-2) 5129845 - Fax: 5117202 - e-mail: info@bruylant.be - Internet: http://www.bruylant.be ). "Droit et justice" series, No. 52. 2003, 219 pp., 50 euros. ISBN 2-8027-1828-2.
The proceedings of a conference organised by the Institut d'études de droit international of Lausanne University - the institute has since fallen victim to 'bureaucratic restructuring' - this book dedicated to Prof. Mathias-Charles Krafft considers international humanitarian law and how it could change in the future. In his introductory remarks, Nicolas Michel states point blank that international humanitarian law these days is composed, as often was the case in the past, of frustration, success and question marks. The frustrations arise from the all too frequent cases of violation of conventions that have virtually become universal. Frequent areas of success are noted, the most spectacular being the International Criminal Court which Nicolas Michel says will help strengthen respect of international humanitarian law. The question marks arise from the terrorist attacks of 11 September 2001 (and since then on 11 March 2004) and the United States' intervention in Afghanistan - not to mention the case of Iraq (which arose after the conference had taken place). Initially, the authors consider the application of international humanitarian law to new types of conflict, with Yves Sandoz specifically looking at terrorism and Prof. Georges Abi-Saab studying the two additional protocols to the Geneva Convention adopted 27 years ago.
The second part of the book considers the judicial application of international humanitarian law. Prof. Christian Dominicé weighs up the way the International Court of Justice acts, while Salvatore Zappalà, a researcher at Pisa University, assesses the action of the United Nations international courts of the former Yugoslavia and Rwanda. Jean-François Flauss, lecturer at Lausanne University and editor of this book, takes a look at international humanitarian law before control bodies of the European and Interamerican Conventions of Human Rights, following which Prof. Eric David (Université libre de Bruxelles) considers international humanitarian law as it is dealt with by national courts. (MT)
*** Les Nations Unies et l'Afghanistan. Editions A. Pedone (13 rue Soufflot, F-75005 Paris. Tel: (33-1) 43540597 - Fax: 46340760)."Rencontres internationales d'Aix-en-Provence" series. 2003, 214 pp, 28 euros. ISBN 2-233-00432-9.
This book gives the proceedings of the eleventh international school organised in Aix-en-Provence by the Aix-en-Provence Institut d'études politiques, the Centre d'études et de recherches internationales et communautaires, and the United Nations Information Centre in Paris. Dedicated to head of faculty Ahmed Mahiou, the book is divided into three parts. The first considers the United Nations' response to the Afghan crisis of imposing sanctions on the Talibans and trying to block sources of funding for terrorism. The second looks at the United Nations' role in the world following September 11, while the third studies the role of radical Islam in international relations. These issues are considered by lawyers and political scientists and are set in a wider context than Afghanistan, looking at areas like balancing legitimate defence against collective security, and the process of state-building in the Muslim world, because the Afghan crisis and the United Nations' response to it reflect the new world set-up and are intimately connected with a whole series of issues in international politics.
(FRo)
*** Francophonie et Commonwealth: quelles missions d'avenir ? L'Harmattan 5-7 rue de l'Ecole-Polytechnique, F-75005. Tel: (33-1) 40467920 - Fax: 43258203 - E-mail: harmat@worlmdnet.fr - Internet: http://www.editions-harmattan ). 2003, 229 pp, 19 euros. ISBN 2)7475-4408-7.
This book gives the proceedings of a conference organised by the Conseil franco-britannique (jointly set up by President Pompidou and Prime Minister Edward Heath with the aim of helping to foster better understanding between the United Kingdom and France). Held at the Fondation Singer-Polignac, the conference aimed to assess the role of the French-speaking world (Francophonie) and the British Commonwealth in the international community, and the role the two organisations play in culture, business and politics. First, the origins and history of the two organisations are explained, followed by a consideration of their contributions to the rule of law and human rights (and other areas). Their business and trading dimensions are studied, followed by areas of cooperation. Former Romanian Prime Minister Petre Roman asks in this connection whether it is possible to set precise boundaries around the 'modern idea' of Francophonie. The work of the conference suggests that the Commonwealth is better structured, with the Francophonie undergoing a permanent state of change. In the conclusions, suggestions are made for improving the operating of both organisations. (OPa)
*** CHRISTOPHE SOLIOZ, SVEBOR ANDRE DIZDAREVIC (Eds.): La Bosnie-Herzégovine. Enjeux de la transition. L'Harmattan (see above). 2003, 137 pp, 13.75 euros. ISBN 2-7475-3928-8.
Analysing the situation in Bosnia Herzegovina after the signing of the Dayton agreement in 1995, this book is written by specialists, who use their personal experience and research to provide ideas and critical remarks about the path followed since 1995. They do not limit their reflections to Bosnia Herzegovina, but set out their view of the world following the fall of the Berlin Wall, considering the causes of the 'negative peace' in Bosnia Herzegovina and the Federal Republic of Yugoslavia after the recent wars and the root causes of the wars. The politically committed authors believe Bosnia Herzegovina is still a victim of genocide, democratic nationalism and racism. They aim to deepen the debate concerning the transition process in Bosnia Herzegovina and the international community's responsibility, particularly Europe's. The authors conclude that the country today stands between a democracy and an authoritarian regime and the international community should assume its responsibilities and play a constructive role by pushing Bosnia Herzegovina down the road of democracy.
(OPa)
*** MARIE MENDRAS (Ed.): Comment fonctionne la Russie ? Le politique, le bureaucrate et l'oligarque. Editions Autrement (77 rue du Faubourg-Saint-Antoine, F-75011 Paris. Tel: (33-1) 44738000 - Fax: 44730012 - Internet: http://www.autrement.com ). "CERI/Autrement" series. 2003, 114 pp, 13.95 euros. ISBN 2-7467-0380-7.
Edited by a researcher at the CNRS and the French Centre d'études et de recherches internationales, this book looks at governance in Russia from an unusual angle. The authors examine how Russian institutions operate and how they have been changed by the new political regime and economic system in recent years. Marie Mendras provides us with a picture of how daily life operates, focussing on the Russian province, which she sees as being more inventive (when it comes to dealing with financial and economic crises) than the capital. One of the conclusions of the book is that the behaviour of regional elites has not changed since Vladimir Putin came to power, which is seen as the proof of their ability to adapt. Marie Mendras points out that Russia does not function according to the rule of law, which is why change always goes hand in hand with corruption. Russia is described as not being plagued by an Italian style mafia arising outside and against the state machinery, but by the corruption of morals within public bodies themselves and in their relations with private stakeholders. Not so much a condemnation of deviance in the transformation process and errors in the democratisation process as a level-headed picture of how Russia is changing.
(OPa)
*** CLAUDIO GRAMIZZI, FELIX NKUNDABAGENZI, SOPHIE NOLET, FEDERICO SANTOPINTO: Enfants soldats, armes légères et conflits en Afrique. Groupe de recherche et d'information sur la paix et la sécurité (33 rue Van Hoorde, B-1030 Brussels. Tel: (32-2) 2418420 - Fax: 2451933 - E-mail: publications@grip.org - Internet: http://www.grip.org ). "Les rapports du GRIP" series. 2003, No. 3, 44 pp.
This information dossier is divided into four parts. The first looks at the proliferation of light arms, the second at child soldiers, the third at wars in sub-Saharan Africa, the part of the world where arms proliferation and the use of child soldiers is concentrated (almost half the world's 300,000 child soldiers are found in sub-Saharan Africa). The authors describe the situation and analyse the causes, while the final section looks at the European Union and Belgium's attempts to prevent conflict and consolidate peace through development cooperation aiming to both diminish the consequences of wars and also prevent them by establishing stability based on democracy and the rule of law.
(FRo)
*** Guide Pratique de la Mauritanie. Mauritania Consulting & Communications (BP 1590, Nouakchott, Mauritania. Tel.: (222) 5291362 - Fax: 5291422 - e-mail: guide_mauritanie@hotmail.com). 2003, No. 2, 98 pp, 12 euros.
Started by a journalist, Jamil Abada, who has created a circle of friends in Brussels pressrooms, this Practical Guide to Mauritania is in its second edition. It is more than ever the essential guide for any person wanting to have dealings with Mauritania, bursting with practical information to facilitate life. Note the astonishing lack of information from the European Union's delegation in Nouakchott, despite requests being made in the due form… (OPa)
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985 Luxembourg. Internet: http: //publications.eu.int) has published the following document:
*** Inforegio panorama. DG Regional Policy, Unit 01 - "Information and Communications" (41 av. de Tervuren, B-1040 Brussels. Fax: (32-2) 2966003 - e-mail: regio-info@cec.eu.int - Internet: http: //europa.eu.int/comm/dgs/regional_policy/index_fr.htm). April 2004, No. 13, 28 pp.
Europe has got bigger, and so has Inforegio! As the new European Commissioner for Regional Policy, Jacques Barrot, explains, the magazine has been redesigned and expanded to be able to cover regional events and news in both the old European Union and the new Members. A new special dossier of a dozen or so pages has been introduced, this issue's dossier focussing on enlargement, the future of economic and social cohesion in the EU and the use of the various EU programmes by regions which have just joined the Community, like Podlachie in Poland, which is part of the Ispa, Phare and Sapard programmes, among others.
*** Evropaiki Ekfrassi. "European Society, Politics, Expression, Institution” non-profit making association (54 Omirou st., GR-10672 Athens. Tel: (30-210) 3643223 - Fax: 3646953 - e-mail: ekfrasi@ekfrasi.gr - Internet: http//http://www.ekfrasi.gr ). 1st quarter 2004, No. 52, 12 pp, 5 euros. Annual subscription: 21 euros.
Evropaiki Ekfrassi - Greek for "European Expression" - is a European studies journal in which academics, well informed citizens and young people believing in European ideals can express themselves. Articles are written in French and English, and look at issues like the role of the European Ombudsman in the future, the EU's democratic performance and legitimacy, and the motivations behind the Schuman Plan. Other articles look at the future of Europe and how knowledge-based Europe and citizens' aspirations mesh with the Lisbon targets. There is a special dossier comparing Greece, Bulgaria and France entitled "From a different past to a common future”.
*** La lettre de Confrontations Europe. Confrontations Europe (41, rue Emile-Zola, F-93107 Montreuil Cedex. Tel: (33-1) 49881194 - Fax: 49881184 - Internet: http://www.confrontations.org - E-mail: Confrontations@wanadoo.fr). April-May 2004, No. 67, 24 pp, 4.60 euros. Annual subscription: 23 euros.
This newsletter discusses the political lessons of the European Parliament's 1999-2004 term of office and the future of the European Union. It starts with an interview with Philippe Herzog, President of Confrontations Europe and outgoing MEP, where he speaks about the challenges underlying the elections, the real reasons for the EU's democratic deficit, the Lisbon strategy and Turkey's application to join the EU. Other articles look at the Franco-German engine, utilities, the Constitution and the Lisbon strategy (again).
***Economia Exterior. Estudios de Politica Exterior SA (6 Padilla. E-28006 Madrid. Tel: (34-91) 4312628 - Fax: 5777252 - E-mail: revista@politicaexterior.com). Spring 2004, No. 28, 184 pp, 13 euros. Annual subscription: 66.50 euros.
Immigration is the central theme of this issue and is at the heart of much political debate and electioneering. It is very present in Spain, a country of migration. As shown by experience in Germany, France and the USA, controlling as complex a phenomenon as immigration is extremely problematic, which is why the articles in this issue aim to provide better understanding of immigration. How many immigrants do Spain's economic prospects suggest it will need? How do immigrants interact with the economy? Over a dozen articles cast a wide spotlight on the issue, looking at migrants moving between Mexico and the United States and how immigration impacts on concentrations of population.
Reviews in brief
*** Airport Business. Airports Council International - European Region. May 2004, Brussels. Published by an umbrella group representing more than 450 airports, this magazine looks at various subjects of concern to airport operators. *** Activity Report 2003. Union of the Electric Industry. 2004, Brussels. This report focuses on 2003 and outlines prospects for 2004.