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UN's global justice referee, the venerable ICJ, turns 70
By Jan HENNOP
The Hague (AFP) April 17, 2016


Mexican army makes rare apology over woman's torture
Mexico City (AFP) April 16, 2016 - The Mexican army made a rare public apology on Saturday over a scandal in which two soldiers and a policewoman tortured a terrified woman in a video that went viral.

It is just the latest allegation of abuse committed by security forces in Mexico, who are often accused of violent acts against civilians, including murder.

General Salvador Cienfuegos, the defense minister, read out the apology before 26,000 soldiers assembled at a military base in Mexico City.

"In the name of all of us who make up this great national institution, I offer my heartfelt apology to all in society wronged by this impermissible event," Cienfuegos said.

In the video, which went viral on social media this week, a barefoot woman is seen crying and screaming on the floor as a female soldier puts the muzzle of an assault rifle to her head.

A federal policewoman is then seen handcuffing the woman and proceeding to tightly wrap a plastic bag around her head while one of the officials demands threateningly: "Are you going to talk?"

The incident is reported to have taken place in February 2015 in the town of Ajuchitlan del Progreso, in the southern state of Guerrero.

The defense ministry says it only learned of the video in December.

The male army captain and the female soldier seen in the video were arrested in January and charged with disobeying orders.

Mexican authorities are investigating a policewoman to determine if she was the one in the footage.

"It's necessary to publicly express our outrage over the regrettable events that occurred nearly 14 months ago," Cienfuegos said.

"Bad members of our institution besmirch the honorable behavior of thousands of women and men in military uniform," he added.

"Although isolated, (such incidents) damage in a major way our image and the prestige we have worthily earned."

Cienfuegos told the soldiers they would continue to be on the frontlines of Mexico's war against drug cartels.

But he stressed: "We must not, nor cannot, confront illegality with more illegality. Crime is contained with the law in hand."

Federal prosecutors have been investigating the case officially since January 7 and they plan to try the three troops in a civilian court.

- Abuse allegations -

Human rights groups say police and troops have committed a slew of abuses since the military was deployed to combat drug cartels in 2006 in a massive federal reinforcement surge.

Over the past decade, the violence linked to the drug war has left 100,000 people dead or missing.

And this week, the National Human Rights Commission said two Mexican federal police officers allegedly participated in the disappearance of 43 students -- implicating national agents in that 2014 case for the first time.

The attorney general's office declared last year that police officers from Iguala and the neighboring town of Cocula abducted the students and delivered them to the Guerreros Unidos drug cartel.

The gang then killed the students, incinerated their bodies at a garbage dump in Cocula and dropped the remains in a nearby river.

But experts from the Inter-American Commission on Human Rights who conducted an independent investigation said there was no scientific evidence the students were incinerated at the dump.

The case is considered the biggest challenge faced by President Enrique Pena Nieto's administration, prompting protests and causing his approval rating to drop.

From ruling on nuclear testing to bitter border disputes or whether whales can be hunted in Antarctica, the UN's highest tribunal the International Court of Justice is celebrating 70 years of far-reaching global decision-making.

But after seven decades the respected court remains hamstrung in any bid to intervene in the 21st century's most pressing conflicts so far, analysts say.

The ICJ can only rule in disputes when both the countries involved have accepted its jurisdiction, thereby placing conflicts such as the fight by pro-Russian separatists in eastern Ukraine beyond its reach.

A special sitting of the court will be held on Wednesday in the presence of UN chief Ban Ki-moon to mark the 70th anniversary of its opening in the imposing Peace Palace in The Hague.

Set up in 1946 after World War II, the ICJ's 15-judge bench, elected for a term of nine years, is seen as the final word in rows between states and an impartial arbiter when quarrels erupt between neighbours.

"The ICJ has helped settle international disputes involving territorial issues, diplomatic relations, hostage-taking and economic rights," said Aaron Matta, senior researcher at the Hague Institute for Global Justice think-tank.

It has "also served, albeit to a limited extent, as an instrument to protect human rights, but also jurisprudence to meet challenges such as threats to the environment," Matta told AFP.

Because of jurisdictional issues however "in some ways, the court is arguably best suited to low-level or moderate conflicts -- these are the ones that more frequently come before it," said Cecily Rose, assistant law professor at Leiden University.

Also, unlike its younger relative the International Criminal Court, the ICJ does not rule on criminal cases arising out of conflicts.

- When states fight -

Back in 1947 when judges steeped themselves in the first case to be brought to the ICJ, the horrors and devastation of World War II were still uppermost in many people's minds.

Britain sued Albania after two destroyers hit sea mines laid during the war in the Corfu channel near the eponymous Mediterranean island, killing 45 sailors.

In its first judgement, the ICJ held Albania responsible for the explosions, but also ruled that Britain violated Tirana's sovereignty when it subsequently embarked on a mine-clearing operation.

Albania was ordered to pay London �843,947 in compensation -- some �29 million (36 million euros/$40 million) in today's money.

Many of some 200 decisions handed down by the ICJ since then were born out of bilateral tensions which the tribunal has helped resolve.

One of the ICJ's biggest achievements "is the number of conflicts that have been avoided thanks to the court," the court's deputy president, Somalian judge Abdulqawi Ahmed Yusuf said recently.

"I think this is something this court can be proud of," added ICJ president, French judge Ronny Abraham during a rare meeting with reporters.

They cited the example of a long-standing spat between Cambodia and Thailand over access to the ancient temple of Preah Vihear.

In 2013, the court ruled that most of the area around the flashpoint site on the Thai border belonged to Cambodia, ordering Thai security forces to leave.

Cambodia welcomed the ruling, while Thailand said it accepted and withdrew its troops.

The ICJ has also played a major role in hearing cases on global nuclear testing.

Recently the tiny Marshall Islands -- scene of US-led atomic tests -- sued the world's major nuclear powers aiming to shine a new spotlight on the nuclear threat. The case is ongoing.

- Limited jurisdiction -

In what was seen as a major symbolic victory for environmentalists, the ICJ ruled in 2014 that Japan's annual whale hunt in the Antarctic was a commercial activity disguised as science, after Australia brought a case against Tokyo.

Last month however, activists accused Japan of an "empty response" after Tokyo resumed its Antarctic chase, killing 333 whales.

"There certainly would be more festering, long-term disputes between states," had it not been for the ICJ, said Leiden University's Rose.

"It would of course be great to see more disputes about critical ongoing conflicts submitted to... third parties like the ICJ. But the states have to consent to this in some way," she said.

Olivier Ribbelink, senior researcher at the respected Hague-based Asser Institute, said "states respect the court's rulings because they have confidence in the ICJ's impartiality and its carefully-considered judgements."


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