Michael J. Matheson

United Nations Governance of Postconflict Societies

Since the end of the Cold War a decade ago, the United Nations has exercised authority in significant new ways to address various aspects of resolving conflicts and dealing with their consequences. These new approaches have included the use offeree to end interstate and internal violence, the resolution of boundary issues and other disputes that might prolong the conflict, the elimination of threatening weapons capabilities, the prosecution of violations of international humanitarian law, and the compensation of victims of the conflict. These actions have been taken either with the consent of the state or states involved, or pursuant to the authority of the Security Council under Chapter VII of the UN Charter, or both.

The Fifty-Seventh Session of the International Law Commission

The International Law Commission held its fifty-seventh session in Geneva from May 2 to June 3, and from July 11 to August 5, 2005. The Commission continued its work on shared natural resources, reservations to treaties, responsibility of international organizations, unilateral acts of states, and fragmentation of international law. It began work on the effect of armed conflict on treaties and expulsion of aliens, and decided to begin work next year on the obligation to prosecute or extradite. It took no further action for the time being on diplomatic protection or on international liability for transboundary harm, pending the receipt of comments from governments on the texts adopted on first reading in 2004.

International Civil Tribunals and Armed Conflict

International Civil Tribunals and Armed Conflict explores the greatly increased involvement of the International Court of Justice and other international civil tribunals in conflict situations during the past three decades, and assesses their impact on the law relating to armed conflict.

The Fifty-sixth Session of the International Law Commission

The International Law Commission held its fifty-sixdi session in Geneva from May 3 to June 4, and from July 5 to August 6, 2004, under the chairmanship of Teodor Melescanu of Romania. The Commission completed its first reading of draft principles on international liability for transboundary harm and draft articles on diplomatic protection, which have now been submitted for comment by states with a view to their completion in 2006. The Commission also continued its work on reservations to treaties, responsibility of international organizations, unilateral acts of states, fragmentation of international law, and shared natural resources. In addition, the Commission decided to start work next year on the effect of armed conflict on treaties and the expulsion of aliens, and to recommend adding a new topic—the obligation to prosecute or extradite—to its long-term program. The following is a summary of where each topic stands and what issues are likely to be most prominent at the Commissions 2005 session.

The Fifty-fifth Session of the International Law Commission

The International Law Commission held its fifty-fifth session in Geneva from May 5 to June 6, and from July 7 to August 8, 2003, under the chairmanship of Enrique Candioti of Argentina. The Commission elected Roman Kolodkin of the Russian Federation, Constantin Economides of Greece, Teodor Melescanu of Romania, and Michael Matheson of the United States to fill the vacancies resulting from the death of Valery Kuznetsov of the Russian Federation, the election of Bruno Simma of Germany and Peter Tomka of Slovakia to the International Court of Justice, and the resignation of Robert Rosenstock of the United States.

U.S. Military Commissions: One of Several Options

At the time this essay is being written (in mid-February), much is still not known about the system of military commissions contemplated by the president’s Military Order of November 13, 2001, and about the circumstances in which such commissions will be used. For example, it is not yet clear what offenses will be tried, what rules of evidence will be adopted, whether the defendants’ choice of counsel will be restricted, and whether defendants will be able to pursue ajudicial appeal of their conviction or a collateral challenge to their detention. Presumably, these points will be clarified by further orders or regulations from the executive branch.

The Damage Awards of the Eritrea-Ethiopia Claims Commission

On August 17, 2009, the Eritrea-Ethiopia Claims Commission issued its Final Awards on the claims of the two sides for injury and loss suffered during their 1998-2000 conflict. These Awards dealt with a number of important issues concerning the responsibility of states in armed conflict and the method by which the resulting damages are to be evaluated and compensated. This article reviews the main elements of these Awards and compares them to the results of other international claims processes in modern armed conflicts.