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binding treaties and covenants, promoting rights through edUcatio 1, enhancing rights through advisory services in the field for those whn expanding activities to break the former culture of impunity. TOgetheo . raillions of people gain their independence and aSSlsted unknown nUm_ . by preventing abuses, securing freedom from torture or prison, acquir_ monitoring bodies and humanitarian aid, and obtaining national and legal protections for their rights. In addition, they inspired national Conlonal intergovernmental organizations, and states to use the observance f human rights by others as a criterion for their policies. In almost every endeavors, reference was made to the Universal Declaration of Human ;tomary international law and the power of its vision to change the ed, its impact led the British Broadcasting Corporation news to describe Declaration as nothing short of "our century's greatest achievement."Iy. these many actions, however impressive, most certainly did not complete I. The remarkable successes most certainly did not eliminate all gaps ry and practice, abolish all abuses, eradicate all resistance, or solve all r this reason, when ten million signatures were submitted to SecretaryAnnan from Ghana on the occasion of the fiftieth anniversary of the Uniation of Human Rights, they acknowledged honestly that the struggle ue.137 pter 9 Continuing Evolution I have walked that long road to freedom. But I have discovered that after climbing a great hill, one only finds that there are many more hills to climb. I have taken a moment here to rest, to steal a view of the glorious vista that surrounds me, to look back at the distance I have come. But I can only rest for a moment, for with freedom comes responsibilities, and I dare not linger, for my long walk is not yet ended. -Nelson Mandela of South Africa fiftieth anniversary of the Universal Declaration of Human Rights, like all anniverprovided a special opportunity for reflection. Many used the occasion to reflect the extraordinary achievements that had been gained, a number of which they never expected to see in their lifetime. Others chose to focus not on the accombut rather on the number and the magnitude of those problems not yet and thus saw little or nothing to celebrate. The most thoughtful and penetratobservers, however, attempted to see both: the successes in the light of centuries of experience and the abuses in the light of the tasks ahead. They realized that for human rights is-as it always has been-one that continues, requiring vision and perseverance in the face of persistent resistance, new variants of old !ftIblems, ever-changing conditions, mistakes, and unanticipated opportunities. nal Criminal Law and Challenges to Sovereignty of the most significant of these developments leading toward the future has been growing determination to hold some of the worst abusers of human rights individresponsible for their crimes. Recently created international criminal law, jurisand procedure emerging from human rights treaties increasingly have served to past and present dictators that the world is no longer willing to let them opercompletely within a culture of impunity. The arrest of Augusto Pinochet marked threshold in this development. Although released from Britain due to his _ medical condition, once he returned to Chile in 2000 he was stripped of immunity from prosecution, placed under house arrest, and formally charged in own homeland for crimes of kidnapping, torture, and murder committed by his Caravan of Death against political opponents.! This prompted President Wade of Senegal to announce that he was prepared to turn over former Chadian Ie Hissene Habn:;, widely known as "Mrica's Pinochet," for trial to answer charges of his responsibility for some forty thousand executions and the tOrture of llaJ haps as many as two hundred thousand people during his eight-year rule.2 These per. . . cases 10 turn, encouraged others. In 2002 SIerra Leone requested that the United Natio help it institute a new departure in international jurisprudence by creating a specins court with both national and international judges to prosecute those who conduct at serious human rights abuses during that country's brutal civil war. During the sa: year a human rights tribunal in Indonesia sentenced senior military commander L t. Col. Soejarwo to five years of imprisonment for atrocities committed in East Timor in 1999 when the former province voted for independence. The two international criminal tribunals created by the United Nations have pushed even further to bring the perpetrators of human rights abuses to justice. The Interna_ tional Criminal Tribunal for Rwanda, after its pathbreaking conviction of former Prime Minister Jean Kambanda for the crime of genocide, went on to tackle additional cases involving senior military commanders, government officials, prominent bUsinessmen, journalists, and other influential leaders. In the process, it created a unique and sophisticated witness protection program for Mrica, forged a substantial body of case law, and continues to contribute significantly to the development of international criminallaw.3 In 1999 the International Criminal Tribunal for the Former Yugoslavia sentenced Goran Jelisic, a Bosnian Serb who tortured and executed Muslims and Croats at the notorious Luka prison camp, to forty years of imprisonment. The next year, the court convicted Croatian General Tihomir Blaskic of crimes against human ity and sentenced him to forty-five years of imprisonment, and then began to hear cases specifical\y dealing with mass rape and systematic sexual violence, enabling women victims to finally testify publicly about their chambers of horrors. Then, in a dramatic development in 2001, Serbia extradited its former head of state and commander-in-chief Siobodan Milosevic to the tribunal under charges of grave breaches of the Geneva conventions, violations of the laws and customs of war, and, most seriously, genocide and crimes against humanity. Overwhelming documentary evidence and eyewitness accounts painful\y and emotional\y delivered during the trial of a defiant Milosevic have presented evidence of horrific abuses of expulsions, forced labor, mutilations, rape, torture, and executions in the name of "ethnic cleansing" in Bosnia, Croatia, and Kosovo, including the massacre of an estimated seven thousand Muslim men and boys at the Bosnian town of Srebrenica.4 For this reason, the chief prosecutor referred to the "savagery," "calculated cruelty," and "unspeakable suffering" Milosevic inflicted on others, observing that his policies were "not local affairs" but ones that affected the world: These crimes touch everyone of us, wherever we live, because they offend against our deepest principle of human rights and human dignity. The law is not a mere theory or an abstract COOcept. It is a living instrument that must protect our values and regulate civilized society and f?r that we must be able to enforce the law when it is broken. This tribunal, and this trial in partiCular, gives the most powerful demonstration that no one is above the law or beyond the reach of international justice. 5 applied to others as well, as seen with the 2003 sentencing of Biljana Bosnia's former "Iron Lady" president, to eleven years in prison for her crimes humani ty.continued growth and intensity of this conviction for the need of universal juristo deter future perpetrators can be seen in the number of ratifications of the Statute of the International Criminal Court. Even some of the most optimistic believed it would take decades for a sufficient number of states to ratify the It took less than four years. In fact, the treaty entered into force in April 2002, the creation of a permanent mechanism to try those individuals responsible most serious breaches of international humanitarian and human rights lawcrimes, genocide, and crimes against humanity-if and when national authorities Of will not prosecute. A leading spokesperson for Human Rights Watch this achievement as "a major historical development" that set the stage for JIlOst important human rights institution that has been created in fifty years. "6 others are likely to become state parties in the future as well. But the struggle wil\ IIPUllue, for any institution is only as strong as its constituent parts, and not all have to participate. In sharp contrast to this widespread support, some countries China and Iraq have not even signed the treaty, let alone ratified. Of particular the United States, which actively worked to create the criminal tribufor others in Yugoslavia and Rwanda, remains in adamant opposition for fear of its own sovereignty and the possibility of having its leaders or military subjected to international jurisdiction. One senator expressed the hope the International Criminal Court "shares the same fate as the League of Nations o\lapses without U.S. support, for this court truly, I believe, is the monster and the monster that we need to slay."7 In May 2002 the United States took the unpreceand deliberately provocative action of actual\y unsigning itself from the treaty, bluntly: "We do not intend to ratify it and therefore we are no longer in any way to its purpose and objective."s That claims of national sovereignty and domestic jurisdiction should be used to