1932-45: Defs led Third Reich. 1943: U.S., France, UK, USSR announced they would punish war criminals after Allied victory. 5/8/45: Allies defeated Germany, ending WWII in Europe. 8/7/45: U.S., France, UK, USSR executed London Agreement and Charter setting forth crimes against peace, crimes against humanity, war crimes. 11/14/45: U.S., USSR, UK, France Tribunal indicted 24 Defs pursuant to London Agreement and Charter. Count 1: conspiracy to commit crimes against peace, war crimes, crimes against humanity. Count 2: crimes against peace, including waging wars of aggression in violation of Conventions for Pacific Settlement of Int'l Disputes (1899, 1907); Hague Convention III re Opening of Hostilities (1907); Versailles Treaty (1919); Kellogg-Briand Pact (1928). Count 3: war crimes in violation of int'l conventions, internal penal laws, including murder of civilian population, torture, genocide, deportation of civilian population for slave labor (France-1,408,000; Belgium-190,000; Holland-500,000; USSR-4,978,000), murder of POWs, killing of hostages, plunder of public, private property causing starvation in occupied countries, destruction of works of art, 6,000,000 buildings leaving 25,000,000 homeless, wanton devastation not justified by military necessity, Germanization of occupied territories. Count 4: crimes against humanity including murder, extermination, enslavement, deportation of civilian populations, persecution on political, racial, religious grounds. Defs pleaded not guilty: trial under ex post facto law, unfairly conducted by non-neutrals.

• Tribunal rejected Defs' motions. Judges appointed by signatories of Charter of IMT: Lord Justice Lawrence and Mr Justice Birkett, member and alternate for UK; Francis Biddle and Judge John J Parker, member and alternate for U.S.; M Le Professeur Donneidieu de Vabres and M Le Conseiller R Falco, member and alternate for France; Major General I T Nikitchenko and Lt Col A F Volchkov, member and alternate for USSR. Evidence on both sides consisted of witnesses, documents captured by Allied armies in German Army headquarters, including correspondence to, from Hitler, other members of Third Reich. 11/45-10/46: Trial. Ct found: 3 Defs not guilty; 8 guilty of count 1; 12 guilty of count 2; 16 guilty of count 3; 16 guilty of count 4. Sentences: 12 to death; 3 to life; 2 to 20 yrs; 1 to 15 yrs; 1 to 10 yrs. Soviet members diss: Hess should receive death instead of life in prison, should be finding Hitler's Cabinet, Gen'l Staff, Army High Command to be criminal organizations.

I Law Reports of Trials of War Criminals 93 (London, 1947); II Laws of War: A Documentary History 1284, 1487, 1498

3 Defs-scientists provided prussic acid for use in concentration camps.

• 3/46: Before British Military Tribunal, Defs argued lack of specific knowledge of use of acid in lethal dosages for criminal purposes. 1946: Tribunal convicted Tesch, Weinbacher; acquitted Drosihn: Defs could not plead ignorance of purpose; civilian accessory to violation of laws, customs of war liable as war criminal. Sentence: Death.

1/1/28-9/2/45: Japanese Defs waged aggressive war against Allies — U.S., UK, China, USSR, Australia, N Zealand, Canada, France, Netherlands, India, Philippines — to gain political/economic domination of E Asia, Pacific, Indian Oceans, bordering countries. U.S. Joint Chiefs of Staff ordered Gen'l MacArthur, Supreme Commander for Allied Powers in Japan, to issue IMTFE Charter as exec decree. Allies convened IMTFE, appointed 10 judges from 10 nations. 4/29/46: IMTFE indicted 28 Japanese Defs (highest gov't/military officials 1/28-9/45) on 55 counts under IMTFE Charter; Potsdam Declaration, cl 8; Instrument of Surrender; Cairo Declaration; Covenant of League of Nations; Kellogg-Briand Pact; Convention for Pacific Settlement of Disputes (1899, 1907); Neutrality Pact between USSR, Japan (1941), Arts I, II; domestic laws of countries where crimes committed. Counts 1-36: crimes against peace (conspiring to wage wars of aggression against Asia, China, U.S., USSR, UK, France). Counts 37-52: murdering civilians, military personnel (2,015,000 Chinese, more than 118,442 Filipinos); Defs maiming, ill-treating, murdering POWs, civilian internees, denying food, shelter, medical care, caging, drowning, burying alive (in "rape of Nanking" 260-300,000 Chinese men, women, children died); forcing POWs, civilian internees into slave labor, conducting "death marches" (in Bataan death march thousands died); Defs perpetrated murder, rape, pillage, brigandage, torture on civilian populations (bombing/bayoneting); wanton destruction of towns, villages. Counts 53-55: conventional war crimes, crimes against humanity. 5/6/46: All Defs pleaded not guilty, challenged IMTFE jurisdiction: aggressive war not per se illegal; war is act of nation for which no individual responsible under int'l law; IMTFE Charter "ex post facto"; killings in course of belligerent operations normal incidents of warfare, not illegal except when violate rules of warfare. 5/46: IMTFE dism'd Defs' motion re jurisdiction.

• 6/3/46-1/24/47: Ch Prosecutor Kennan (U.S.), prosecutors from 11

(U.S. Military Tribunal, Nuremberg); 9 Trials of War Criminals 1327 (1950)

12/43: Under Lex Krupp, Hitler decree, Fried Krupp AG, private co, converted into individually-owned firm of Fried Krupp, in sole ownership of Def-Krupp, who appointed 11 other Defs to management positions w/in co. Since 1943, unincorporated, privately-owned concern owned/controlled directly, as well as through subsidiary holding cos, mines, steel, armament plants, shipyards, machinery factories used in war effort. 1945: After defeat of Nazis, Allied Control Council (U.S., USSR, UK, France) enacted Control Council Law #10. 8/16/47: U.S. filed indictment: Count 1: planning, preparation, initiation, waging aggressive war. Count 2: plunder, spoliation of territories occupied by German armed forces in ruthless way beyond needs of army, in disregard of needs of local economy, Hague Regulations Arts 46-56 (1907), Control Council Law #10, Art II. Count 3: crimes re POWs, slave labor, Hague Rules of Land Warfare. Count 4: common plan/conspiracy to commit crimes against peace. Defs pleaded not

• 12/9/47-6/9/48: Trial tribunal heard oral testimony of 117 prosecution, defense witnesses, 134 witnesses examined before commrs, prosecution introduced 1,471 docs, defense introduced 2,829 docs. 3/5/48: Tribunal, Daly, Presiding J, granted Defs' motion as to counts 1, 4: prosecution failed to prove case beyond reasonable doubt. 7/48: Tribunal found: 6 Defs guilty on count 2; 10 on count 3. Sentences: 7 to 9-12 yrs; 2 to 6-7 yrs, 1 to 2 yrs.

(U.S. Military Tribunal VI, U.S. Zone of Occupancy, Nuremberg, Case #6); VII, VIII Trials of War Criminals Before Nuremberg Military Tribunals (1952)

5/3/47: U.S. Military Tribunal VI indicted 23 leading German industrialists on 5 counts: Count 1: crimes against peace through planning, preparation, initiation, waging wars of aggression, invasions in other countries. Offenses include: IG Farben allied w/ Hitler, Nazi Party; synchronized activities w/ military planning of German high command; cooperated w/ Hitler to build up military machine violating Versailles Treaty; participated in Germany's 4-yr plan for economic mobilization for war; created, equipped Nazi military machine for war; procured, stockpiled critical war materials (oil, lead, magnesium, etc) for Nazi offenses; participated in weakening enemies; carried on propaganda, intelligence, espionage; Defs participated in plunder, spoliation, slavery, mass murder as part of wars of aggression. Defs violated int'l law, treaties, agreements, assurances, Control Council Law #10, Art II. Count 2: Plunder, spoliation; Defs participated in plunder of public, private property in countries which came under belligerent occupation of Germany; Defs marched w/ Wehrmacht, played major role in Germany's plans for conquest; Defs conceived, initiated, prepared plans for German acquisition of chemical industries in Austria, Czechoslovakia, Poland, Norway, France, Russia, etc. (violated laws, customs of war, int'l treaties, conventions, 1907 Hague Convention, Regs, Arts 45-56, 1131, gen'l principles of criminal law, internal penal laws of countries where crimes committed, Control Council Law No 10, Art II). Count 3: war crimes, crimes against humanity: participating in enslavement, forced labor of civilian population of countries occupied or controlled by Germany, enslavement of concentration camp inmates w/in Germany, use of POWs in illegal labor. Defs charged w/ mistreatment, terrorization, torture, murder of enslaved persons. Count 4: Defs Schneider, Buetefisch, von der Heyde charged w/ membership in criminal org. Count 5: conspiracy to commit crimes against peace. 8/14/47: Defs pleaded not guilty.

• 8/27/47-5/12/48: Defs tried by U.S. military tribunal. Tribunal acquitted (2-1) all Defs on Counts 1, 4, 5; convicted all on Count 2; convicted some, acquitted others on Count 3 (dissenter argued sufficient evidence to convict all Defs for mass murder, slavery). Sentences: 1½ to 8 yrs.

(U.S. Military Tribunal I, U.S. Zone of Occupancy, Nuremberg, Case #1, 1947); I, II Trials of War Criminals Before Nuremberg Military Tribunals Under Control Council Law #10 (1949); cert den 333 US 836 (1948); Frontline, PBS series (2/24/87)

1939-45: 23 Defs, including doctors, held key positions in Third Reich. 10/25/46: U.S. indicted Defs on 4 counts: 1) conspiracy to commit war crimes; 2) war crimes; 3) crimes against humanity, including experimentation on concentration camp victims (eg, high-altitude, freezing, mustard gas, poison experiments); 4) membership in criminal org under 1907 Hague Regs, Arts 4-7, 46; 1929 Geneva POW Convention, Arts 2-4; laws, customs of war; gen'l principles of criminal law; internal penal laws of countries in which crimes committed; Control Council Law #10, Art II (1945). Defs argued: not implicated in experiments due to limited powers, specific duties; superior orders freed them from criminal responsibility; participation in experiments was voluntary; medical experiments took place due to military necessity, nat'l emergency; killings justified because victims were spies; experiments were substitutes for punishments previously imposed; experiments furthered medical science.

• 1947: Beals, Presiding J (ChJ, WA Sup Ct), Sebring, J (Associate J, FL Sup Ct), Crawford, J (OK DJ): Ct lacked jurisdiction on Count 1; 7 Defs not guilty; 1 guilty on Count 6; 6 guilty on Counts 2, 3; 9 guilty on Counts 2, 3, 5. Sentences: 7 to death; 5 to life; 3 to 20, 15, 10 years. 16 Defs petitioned Military Gov Clay for clemency; 15 petitioned USSC for writs of habeas corpus, prohibition against proceeding or order nullifying trial. Clay denied pet. 1948: USSC denied cert. U.S. High Commr John McCloy commuted 9 Defs' sentences. Drs Siegfried Ruff, Konrad Schaeffer among those acquitted. 1947: Pentagon brought 4 Defs to U.S. to work on space/high-altitude programs as part of Project Paperclip, under which 400 Nazi scientists brought to U.S. To bypass immigration law barring Nazis, Sec'y of War Patterson, Sec'y of State Acheson, Asst Sec'y of State Gen'l Hildring gave military right to authorize immigration; U.S. military cleaned scientists' records of references to SS, Nazi Party.

(U.S. Military Tribunal, Nuremberg, 2/48); 11 Trial of War Criminals 1230 (1950)

1946: U.S. Military Tribunal indicted German Defs-Field Marshals List, von Weichs; Gen'ls Rendulic, Kuntze, Foertsch, Boehme, Felmy, Lanz, Dehner, von Leyser, Speidel, von Geitner, commanders of German Mountain Forces, armed forces in SE: war crimes, crimes against humanity under Control Council Law #10. Count 1: killed, tortured 100,000 civilians labelled "partisans", "Communists" in Greece, Albania, Yugoslavia, as retaliation for military attacks on Germans; ordered 100 "hostages" killed for every German soldier killed, 50 "hostages" killed for every German soldier wounded. Count 2:

• 1948: After trial before Wennerstrum, Presiding J: 1) Yugoslavia, Greece were occupied; 2) partisan troops failed to observe laws, customs of war, exercised guerrilla warfare against occupiers, thus not lawful belligerents, not entitled to POW treatment; 3) term "hostage" used inappropriately; 4) Defs' acts were reprisals; military necessity does not justify violation of positive law, thus not valid defense to Defs' arbitrary, excessive reprisals; convicted 8 Defs; sentences: 2 to life, 2 to 20 yrs, 1 each to 15, 12, 10, 7 yrs; acquitted 2 Defs.

(U.S. Military Tribunal II, U.S. Zone of Occupancy, Nuremberg, Case #9, 1948); IV Trials of War Criminals before Nuremberg Military Tribunals (1946); cert den 336 US 964 (1946)

5/41: 24 Defs held high posts in Einsatzgruppen (special task forces) formed before German attack on USSR to accompany German Army into occupied East to exterminate Jews, gypsies, Soviet officials, others. 7/9/47: U.S. charged Defs on 3 counts. Count 1: crimes against humanity, including murder, extermination, imprisonment, genocide, constituting violations of law of nations, int'l conventions, general principles of criminal law, internal penal laws of countries in which crimes were committed, Control Council Law #10, Art II. Count 2: war crimes including murder, torture of POWs, civilians, wanton destruction not justified by military necessity, violating 1907 Hague Convention #IV Regs, Arts 43, 46; 1929 Geneva POW Convention; laws, customs of war. Count 3: membership in criminal orgs so declared in Control Council Law #10, Art II. Defs argued: superior orders, no means of refusing orders; orders justified because they believed Jews were Nazi enemies, bearers of bolshevism; since Allies killed large numbers of German civilians w/out being charged, Defs also should not be charged; killings constituted death penalties for illegal partisan activities or reprisal measures justified under int'l law; evidence submitted by prosecution inaccurate. 7/31/47: Def Haussmann committed suicide.

• 4/8/48: Mussmanno, Presiding J (Member, U.S. Naval Reserve on military leave from Ct of Common Pleas, Allegheny Co, PA), Speight, J (member, AL bar), Dixon, J, found: all Defs guilty on count 3; 20 guilty on counts 1, 2. Sentences: 14 to death; 2 to life; 3 to 20 yrs; 2 to 10 yrs. 3/4/49: U.S. Military Gov Clay aff'd sentences. 5/2/49: USSC denied Defs' petitions to modify sentences.

1939-45: Def held top Third Reich posts. 11/13/46: U.S. indicted Def: Count 1: war crimes involving deportation to slave labor of civilian populations of Austria, Czechoslovakia, Italy, Hungary resulting in enslavement, torture, murder of millions; war operations including transportation of arms in course of which murders, other inhumane acts committed, constituting violations of 1907 Hague Regs, Arts 4-7, 46, 52; 1929 Geneva POW Convention, Arts 2-4, 6, 31; laws, customs of war, general principles of criminal law, internal penal laws of countries in which crimes committed, Control Council Law #10, Art II. Count 2: war crimes involving medical experiments on humans resulting in murder, torture, in violation of Hague Regs Arts 4-7, 46; POW Convention, Arts 2-4. Count 3: Crimes against humanity consisting of acts in counts 1, 2. Def argued: lacked knowledge of war crimes due to superior's mistrust in Def; documents submitted as evidence inaccurate.

• 4/16/47: Toms, Presiding J (CJ, Detroit, MI), Phillips, J (NC Super Ct) Musmanno, J (Ct Common Pleas, Allegheny Co, PA) found Def guilty on counts 1, 3; not guilty on 2. Sentence: life. 5/2/47: Military Gov denied Def's petition for clemency. 10/20/47: USSC (4-4) denied habeas petition.

(U.S. Military Tribunal I, U.S. Zone of Occupancy, Nuremberg, Case #8, 1948); IV, V Trials of War Criminals before Nuremberg Military Tribunals 599 (1946)

7/1/47: U.S. indicted 14 leading officials of German Race and Settlement Main Office ("RuSHA"), 3 other SS agencies. Count 1: crimes against humanity involving acts carried out as part of systematic program of genocide including kidnapping children of foreign nat'ls to select for Germanization those considered to be of "racial value", exterminating those born of eastern workers in Germany; compelling abortions on eastern workers; hampering reproduction of enemy nat'ls; executing, imprisoning, Germanizing eastern workers who had sexual intercourse w/ Germans, imprisoning Germans involved; evacuating enemy populations from native lands, resettling land w/ ethnic Germans; compelling nat'ls of other nations to perform work in Germany, become members of German community, join German Armed Forces; persecution, extermination of Jews in violation of 1907 Hague Regs, Arts 4-7, 23, 43, 45-47, 52, 56; laws, customs of war; general principles of criminal law; internal penal laws of countries in which crimes committed; Control Council Law #10, Art II. Count 2: war crimes including plunder of public, private property, murder, extermination, enslavement, deportation, imprisonment, torture; violation of Hague Regs; 1929 POW Convention; other laws in count 1. Count 3: membership in criminal org. Defs argued: acted under

• 3/10/48: Wyatt, Presiding J (Assoc J, GA Sup Ct), O'Connell, J (Associate J, MA Sup Ct), Crawford, J (OK DJ): 13 Defs guilty on count 3; 7 guilty on counts 1, 2; 1 not guilty. Sentences: 2 Defs to 25 yrs; 1 to 20 yrs; 3 to 15 yrs; 1 to 10 yrs; 5 to time served. U.S. Military Gov Clay aff'd all sentences. 5/2/49: USSC denied writ of habeas corpus to 6 Defs.

2/48: Defs-German industrial leaders indicted on 5 counts: participation in Third Reich slave-labor program; spoliation of public, private property in occupied territories; crimes against humanity; knowledge of Himmler's criminal activities; contributing to/membership in SS. Defs argued int'l law outside work, interest, knowledge of private individuals.

• Tribunal convicted 3; acquitted 3: int'l law binds every citizen just as does municipal law; criminal acts by Gov't official are criminal when done by private individual; Gov't crime differs only in magnitude, not quality. Sentences: 2½-7 yrs.

(U.S. Military Tribunal, Nuremberg, 1948); 14 Trial of War Criminals, 308 (1952); II Laws of War: A Documentary History 1248, 1487, 1498

11/18/47: Indictment filed against 19 Defs-officials in Foreign Ministry, other branches of Nazi Gov't: 8 counts of crimes against peace, crimes against humanity, participating in common plan, conspiracy to commit crimes against peace. 1/7/48: Presentation of evidence.

• Tribunal convicted Defs on 1-5 of 8 counts: liability extends to lower officials who aided in implementation of Nazi policies w/ knowledge of their nature. Sentences: 4-20 yrs.

(British Military Ct for Trials of War Crimes at Wuppertal, 1945); IX War Crimes Trials, Dulag Luft Trial (1952)

1943-45: Defs-Commandant, Chief Interrogator, officer in charge of admr, 2 ordinary interrogators at Third Reich's Dulag Luft POW camp in Germany. Prosecution alleged Defs extracted information from Allied airmen by torture. 11/26/45: Britain indicted Defs: crimes against laws of war, including 1929 Geneva Convention, Arts 2, 5. Defs argued: not culpable for crimes committed under superiors' orders; argued prosecution's evidence inaccurate.

• Judgment by 3 British military officials: 3 Defs guilty; 2 not guilty. Sentences: 2 to 5 yrs; 1 to 1 yr.

(British Military Ct for Trials of War Crimes at Wuppertal); V War Crimes Trials, Natzweiler Trial (1949)

4/6/44: 4 female British POWs at Natzweiler concentration camp in Alsace, w/out h'g or trial, killed by injection of poison, immediately cremated. 5/29/46: Britain indicted 9 Defs-camp officials: war crimes, crimes against humanity under 1945 London Agreement and Charter, 1907 Hague Regs. Defs argued: not present at executions, no knowledge of crimes; acts were lawful execution of spies.

• Judgment by 3 British military officials: 6 guilty, 3 not guilty. Sentences: 1 to death; 1 to life; 1 to 13 yrs; 1 to 10 yrs; 1 to 5 yrs; 1 to 4 yrs.

See Killinger, PL-196/1.8

1940-44: Def-Commander in Chief of German armed forces in Norway. 10/26/42: Def followed orders to: refuse to quarter Allied military personnel, kill them after capture. Britain indicted Def: 9 charges of ordering prisoners to be killed, specific cases in which prisoners killed in violation of laws, customs of war as found in int'l laws, laws of individual nations. Def argued he acted under superior orders.

• Judgment by 3 British military officials: Def guilty of 7 charges, acquitted of 2. Sentence: death.

327 US 1 (1946); IV, B UN War Crimes Comm, Law Reports of Trials of War Criminals 75-96

10/9/44-9/2/45: Def-Commanding Gen'l, 14th Army Group, Imperial Japanese Army, Philippines. 9/3/45: Def surrendered, became POW of U.S. Armed Forces in Philippines. 9/25/45: U.S. Army Lt Gen'l Wilhelm Styer charged Def, while commander of armed forces of Japan at war w/ U.S./allies, for unlawfully disregarding/failing to discharge duty as commander to control operations of members of command, permitting brutal atrocities against people of U.S./allies, particularly Philippines, violating laws of war: 1) starvation, execution/massacre w/out trial, maladministration of civilian internees/POWs; 2) torture, rape, murder, mass execution of over 25,000 Filipino men, women, children, including members of religious orders, by starvation, beheading, bayoneting, clubbing, hanging, burning alive, destruction by explosives; 3) burning/demolition w/out adequate military necessity of large numbers of homes, businesses, hospitals, religious, educational institutions. 10/8/45: Def pleaded not guilty; moved to dismiss for failure to state violation of laws of war.

• 10/29-12/7/45: Military commn-5 U.S. Army officers appointed by Styer tried Def. 12/7/45: Commn found Def guilty, sentence: death by

U.S.-Solicitor Gen'l J Howard McGrath; Pet-Capt A Frank Reel, JAGD

1934: Following secret order by Emperor Hirohito, Japan's General Staff/Ministry for War set up 2 units for manufacture of bacteriological weapons for Kwantung Army to carry out goal of creating "Greater East Asia Co-Prosperity Sphere," including China, Soviet Far East, Netherlands, India, Afghanistan, Australia, New Zealand, Philippines, etc. 1934-1945: 12 Defs (including high officials, doctors, veterinarians) participated in production of bacteriological weapons for use in warfare, chiefly against USSR: bred germs of plague, cholera, gas gangrene, anthrax, typhoid, paratyphoid, etc; conducted inhuman experiments on Chinese, Soviet POWs; shot or injected male/female

• 12/25-30/49: Primorye Military Area Military Tribunal tried Defs. All 12 Defs pleaded guilty; some expressed remorse; some said following superior orders. Judgment: guilty; sentences to labor correction camps: 4 Defs to 25 yrs; 2 to 20 yrs; 4 to 10-18 yrs; 2 to 2-3 yrs.

1942-43: Def-guard, Treblinka concentration camp. 1949: Def entered U.S. 1970: Def became U.S. citizen. 6/28/79: 5th Cir revoked citizenship. 1/21/81: USSC (7-2) Marshall, J, aff'd revocation. 12/19/84: USSC, Brennan, Stevens, JJ, rejected appeals. 12/21/84: U.S. deported Def to USSR, arrested: treason.

• 6/10/86: Regional Ct trial commenced. 6/19/86: Tyutyunnik, J: Def guilty of treason, voluntarily aiding Nazi forces during WWII, participating in mass execution of civilians; sentence: death. Def applied for mercy. Ukrainian presidium, Supreme Soviet denied. Presidium, USSR Supreme Soviet denied. 7/27/87: Def executed by firing squad.

See PL-517/42.6

1940s: Austrian Adolf Eichmann ordered, carried out deportation to concentration camps of 130,000 Jews from France, Austria, Greece, Czechoslovakia. World Jewish Cong charged Def-Austrian: acting under Eichmann's command.

• 1954: Paris, Marseilles Cts tried Def in absentia; convicted; sentence: death. 1983: Germany asked Syria to extradite Def; Syria denied Def in Syria. 12/17/88: French Foreign Ministry sent request for extradition to Syria: Def living there under false name. 7/18/91: French J Jean-Pierre Getti signed legal request for Syria to aid in identification of Def. 8/91: Germany, France agreed jointly to seek extradition of Def. Syria continued to deny Def's presence. 9/12/91: European Parliament passed resolution (219-0, 1 abstention) suggesting 12 EC Gov'ts launch joint initiative to persuade Syria to expel Def. Pending.

Roland Weyl, Paris, France

6/26/45: 51 nations signed at San Francisco Charter establishing United Nations, including: Art 2.1) Sovereign equality of all nations; Art 2.3) All members to settle disputes by peaceful means; Art 2.4) All members to refrain from threat/use of force in int'l relations; Arts 9-22) General Assembly; Art 19) Members cannot vote in UNGA if 2 yrs in arrears in contributions; Arts 23-32) Security Council; Arts 33-38) Pacific settlement of disputes; Arts 39-51) Action re threats to peace/acts of aggression; Art 51) right of self-defense against armed attack; Art 55) UN shall promote: a) higher standards of living, full employment; b) solutions of int'l economic, social, health problems, int'l cultural/education cooperation; c) human rights for all w/out distinction as to race, sex, language, religion; Arts 61-72) Economic & Social Council; Art 71) Economic & Social Council to consult w/ NGOs; Arts 73-74) Int'l Trusteeship System; Arts 75-91) Trusteeship Council; Arts 91-96) Int'l Ct of Justice; all members ipso facto parties to Stat of ICJ; Arts 97-101) Secretariat.

• 10/24/45: Entered into force. 1993: 179 signatories.

78 UNTS 277 (1948)

3 nations introduced resolution declaring genocide a crime under int'l law: whether committed in peace or war, committing acts w/ intent to destroy "national, ethnic, racial or religious group" by killing, causing serious bodily/mental harm, inflicting conditions to cause its physical destruction, preventing births, or forcibly transferring its children; including conspiracy, direct/public incitement, attempt, complicity.

• 12/9/48: UNGA unanimously endorsed Convention. 1/12/61: Entered into force. 1993: 109 signatories, including U.S.

See PL-365/50.5

12/16/66: UNGA adopted Covenant providing: Parties to recognize right to earn a living, to form trade unions, to social security and social insurance, to family not to be hungry, to physical and mental health, to education and cultural life, etc. Verification: Each party must submit progress reports to UN Sec'y-Gen'l, to be reviewed by Economic and Social Council. Int'l action (conventions, recommendations, technical assistance, regional meetings) may be used to

• 1/3/76: entered into force. 1993: 124 signatories; pending before U.S. Senate since 1977.

12/16/66: UNGA adopted Covenant providing: Parties to recognize right to live, not to be held in slavery, to liberty, to leave/enter one's own country, to freedom of thought and opinion, not to have war or racial hatred propaganda, to a family/marriage/children, equality w/ in marriage, etc. Verification: elected 18-member Human Rights Comm of experts reviews initial reports of signatory nations, subsequent 5-yr reports; dialogues w/ reporting gov'ts. Each signatory may report on another party's failure to fulfill Covenant obligations; if not dealt w/ satisfactorily, Comm will deal w/ issue w/in 12 mths; if solution not reached, Conciliation Commn can be appointed. Duration: Unlimited, amdts approved by 2/3 of signatories.

• 3/23/76: entered into force. 1993: 122 signatories, including U.S.

See PL-98/2.2; PL-97a/51.3

12/16/66: 13 nations signed at New York. Parties agreed to enable UN Human Rights Comm to receive, consider communications from individuals claiming to be victims of violations of any rights set forth in (PL-97/2.2). Parties agree Comm shall accept only written communications re States Parties to both Covenant and Protocol, by identified individuals who have exhausted all available domestic remedies; Comm will notify State Party alleged to be in violation of Covenant that state shall submit written explanation of charges w/in 6 mths. Comm to hold closed meetings re individual submissions, forward finding to both State Party, individual concerned.

• 3/23/76: entered into force. 1993: 74 signatories, not including U.S.

12/21/65: Parties agreed to condemn racial discrimination, eliminate barriers between races, condemn racial segregation, condemn supremacist propaganda; to uphold civil, economic, social/cultural rights. Verification: elected Comm on Elimination of Racial Discrimination to be formed to review all reports from parties. Where Comm unable to reach agreement between parties, ad hoc Conciliation Comm to be formed, expenditures of which covered by parties

• 1/4/69: entered into force. 1993: 137 signatories; pending before U.S Senate.

11/30/73: 20 nations signed at New York. Parties agreed to declare apartheid as crime against humanity; condemn murder, illegal arrest, infliction on members of racial group; agreed to condemn persecution of persons opposed to apartheid. Verification: Commn on Human Rights to transmit copies of petitions, prepare lists of parties violating Convention. All unresolved disputes to be brought before ICJ. Duration: Unlimited, revision allowed.

• 7/18/76: entered into force. 1993: 97 signatories, not including U.S.

12/18/79: Parties agreed to condemn discrimination against women in all forms, to eliminate discrimination in political/public life; w/in field of education including reduction of female student drop-out rates; removal of discrimination in employment giving women equal right to social security, health protection, right to paid maternity leave; equality in field of health care; agreed to acknowledge non-monetarized work of women in rural sector; right to enjoy adequate housing, sanitation, water; parties to provide equity before law, w/in family, including same rights as men to choose family name, occupation. Verification: Reports to be submitted to Comm on Elimination of Discrimination Against Women, meeting 2 weeks/yr. Comm to report annually to UNGA. Duration: Unlimited.

• 9/3/81: entered into force. 1993: 125 signatories; pending before U.S. Senate since 1980.

1975: UNGA adopted Declaration on Protection Against Torture. 1986: UNGA debated Convention provisions: no one shall be subjected to torture or cruel, inhuman or degrading treatment. Convention defined torture as any act by which severe pain, physical or mental suffering is intentionally inflicted for purposes of obtaining confession, punishing, or intimidating, inflicted by or at instigation of/with consent or acquiescence of public official/person acting in official capacity; specifically rejected state or threat of war, internal political instability or public emergency as justifications of

• 10/10/84: UNGA adopted by consensus. 6/26/87: entered into force. 10/27/90: U.S. Senate moved to consent to ratification. 1993: 76 signatories.

11/20/89: UNGA adopted Convention w/out vote. 1/26/90: 61 countries signed at UN. Parties agree to protect civil, political, economic, social, cultural rights of children under 18, except where applicable law confers majority earlier. Parties recognize child's right to name, nationality, education, care by parents, protection against illicit transfer, sexual or economic exploitation; freedom to express views in all matters affecting children, freedom of religion, association, leisure; access to media, health care, social security programs. Parties agree to ensure adoption policies protecting interests of child; grant refugees protection/humanitarian assistance; provide care to mentally/physically disabled; establish laws, institutions applicable to children w/in penal system. Rights to be accorded in nondiscriminatory manner, taking into account rights, duties of parents/guardians as well as local custom. Parties must submit regular reports to 10-member Comm on Rights of Child. First report due 2 yrs following entry into force for Party, every 5 yrs thereafter.

• 9/2/90: Entered into force. Fall/90: U.S. Sen approved non-binding resolution urging Pres to sign. 4/91: U.S. Sens Dole (R-KS), Lugar (R-IN), Hatfield (R-OR), circulated letter expressing concern U.S. sole major Western democracy not to sign. 6/23/93: 143 signatories, not including U.S.

(UN Res 2826 (XXVI 1972)); 26 UST 583, TIAS 8062, 11 ILM 309 (1972)

4/10/72: 111 countries (including U.S., USSR) signed at Washington, London, Moscow. Parties agreed not to develop, produce, stockpile or acquire biological agents, toxins "of types and in quantities that have no justification for prophylactic, protective, and other peaceful

• 3/26/75: entered into force. 1993: 130 signatories.

26 UST 571, TIAS 8061, 94 UNTS 65 (1925)

6/17/25: 126 nations signed at Geneva protocol prohibiting use of asphyxiating, poisonous, other gases; all analogous liquids, materials or devices, in situations of war. Extension: parties agree to extend prohibition to bacteriological methods of warfare. Duration: unlimited.

• 2/8/28: Entered into force. 4/10/75: Entered into force for U.S. 1987: 126 signatories.

8/12/49: 146 nations signed at Geneva. Parties defined POW as member of armed forces, resistance group, nonmilitary personnel accompanying armed forces, crews of merchant marine/civil aircraft, who has fallen into power of enemy. Parties agreed to treat POWs humanely: POWs need only give name, rank, serial number, date of birth; detaining power: 1) shall allow POWs to retain possession of personal effects, articles of personal protection; 2) shall immediately evacuate POWs to camps safe from combat zone; 3) may use labor of physically fit POWs; 4) must allow POWs to write to Central POW agency, family, w/in 1 week of capture; 5) shall allow POWs to send/receive mail. Duration: unlimited.

• 2/2/56: entered into force for U.S. 1993: 176 signatories.

8/12/49: 145 nations signed at Geneva. Parties agreed to protect civilians in wartime, defined protected civilians as persons having had no participation in hostile activities who have fallen into hands of occupying power. Parties agreed any party to conflict may propose establishment of neutral/safety zones intended to protect wounded, sick, civilians. Protected persons entitled to humane treatment: to leave territory at beginning of conflict unless departure goes against best interest of state; occupying power shall not: withhold/change benefit of Convention, forcibly transfer protected persons unless evacuation necessary for security of population; encourage civilians to participate in armed auxiliary forces; intentionally destroy private/public property unless done by military operations. Occupying power shall assist institutions responsible for

• 10/21/50: entered into force. 2/2/56: entered into force for U.S. 1993: 176 signatories.

12/1/59: 12 countries (including U.S., USSR) signed at Washington: Antarctica shall be used for peaceful purposes only, any measures of military nature prohibited in area south of 60° S Latitude, including all ice shelves. Exclusions: Treaty does not prevent use of military personnel, equipment for scientific research or other peaceful purposes, or carrying out aerial inspections in Antarctica; rights of states under int'l law re high seas not affected. Enforcement: Any dispute not resolved by two contracting parties involved referred to ICJ for settlement. Duration: Conference to be called in 30 yrs to review operations of treaty if any parties request it.

• 6/23/61: Entered into force. 1987: 19 signatories. 1991: Parties requested conf. 10/7-18/91: Review meeting held to discuss: need for more scientific research, improvement of monitoring research facilities, control of tourism in area. Parties agreed to convene annually instead of biennially. 11/92: meeting in Venice, Italy to discuss permanent secretariat. 1993: 44 signatories.

14 UST 1313, TIAS 5433, 480 UNTS 43, 2 ILM 883 (1963)

8/5/63: 108 countries signed at Moscow (U.S., USSR, UK original parties, 15 signed but did not ratify). Preamble: Parties "seek to achieve banning of all nuclear test explosions, including ... underground." Art II: Each party undertakes to prohibit nuclear weapons tests "or any other nuclear explosion" in atmosphere, outer space, under water; to prohibit nuclear explosions in environment if they cause "radioactive debris to be present outside territorial limits of the state whose jurisdiction or control the explosions were conducted," but does not specifically ban nuclear tests underground. If 1/3 of signatories request Comprehensive Test Ban Amdt Conf, U.S., USSR, UK must convene Conf at which treaty can be changed to Comprehensive Test Ban Treaty. Duration: unlimited; withdrawals permitted on 3 mths notice if extraordinary events related to subject matter of treaty have jeopardized supreme interests of nation.

• 10/10/63: Entered into force. 116 nations signed treaty. 7/89: 41st country requested Amdt Conf to amend from Limited to Comprehensive Test Ban Treaty. 1/7/91: 96 of 118 signatory nations met at UN; proponents sought to convince U.S., USSR, UK to make this amdt; USSR supported; U.S., UK announced intention to veto. France, China did not attend: testing nations, have not signed treaty. 1/18/91: Parties voted to continue Conf (75-2, 19 abstentions). Issue pending.

18 UST 2410, TIAS 6347, 610 UNTS 205, 6 ILM 386 (1967)

1/27/67: 89 countries (including U.S., USSR) signed at Washington, London, Moscow. Parties agreed to restrict military activity in outer space; not to place in orbit around earth any objects carrying nuclear weapons, other weapons of mass destruction; nor install such weapons on celestial bodies, station such weapons in outer space; to use moon, other celestial bodies for peaceful purposes only. Exclusion: use of military personnel for scientific research, other peaceful purposes not prohibited. Enforcement: questions on use, exploration of outer space to be resolved by parties to treaty; parties conducting activities in outer space agree to inform UN Sec'y-Gen'l, public, int'l scientific community re nature, conduct, locations, results of activities. Duration: Unlimited; parties may withdraw on one yr notice.

• 10/10/67: Entered into force, including U.S. 1993: 122 nations are parties.

21 UST 483, TIAS 6839, 729 UNTS 161, 7 ILM 811 (1968)

7/1/68: 97 countries (including U.S., USSR) signed at Washington, London, Moscow. Each nuclear weapon State Party undertakes: not to transfer to any recipient nuclear weapons/explosive devices directly or indirectly; not to receive transfer of nuclear weapons/explosive devices directly or indirectly; peaceful nuclear activities of states that have not already developed nuclear weapons will not be diverted to weapons making. Verification: In accordance w/ Statute of Int'l Atomic Energy Agency, its safeguards system, through negotiation of agreements w/in 180 days from original entry into force. Promotes peaceful uses of nuclear energy w/ potential benefits of peaceful application for nuclear technology being made available to non-nuclear parties. Enforcement: 5 yrs after entry into force, conference held in Geneva to review operation of treaty; every 5 yrs thereafter, majority of parties may convene w/ objective of reviewing operation of treaty. Duration: 25 yrs after entry into force, parties shall convene to decide if treaty should continue indefinitely or be extended for additional fixed period(s).

• 3/5/70: Entered into force. 1975: Conference held in Geneva. 1993: 166 signatories. 4/95: UN NPT Review & Extension Conference.

See PL-553/50.1

23 UST 701, TIAS 7337, 10 ILM 146 (1972)

2/11/71: 87 countries signed at Washington, London, Moscow. Prohibits parties from emplacing nuclear weapons, weapons of mass destruction on seabed, ocean floor beyond 12-mile coastal zone.

• 5/18/72: entered into force for U.S. 1977, 1983, 1989: Review conferences concluded each 5 yrs of treaty. 1990-96: UN Sec'y-Gen'l to report at regular intervals on potential impact of technological developments on treaty, verification of compliance. 1993: 97 signatories. 1996 or 1997: Next review conference.

1919: League of Nations entrusted former German colony of SW Africa (Namibia) to S Africa as Mandate Territory; S Africa pledged to prepare Namibia for self-determination. S Africa imposed apartheid system on Namibia. 1966: UN revoked Namibia Mandate, declared S African occupation illegal.

• 1978: S Africa agreed to administer independence process under UN Transitional Assistance Group (UNTAG) supervision; UNSC Res 435 outlined independence plan; listed conditions for elections: cessation of hostilities, repeal of repressive/discriminatory laws, repatriation of Namibian refugees/exiles, release of political prisoners; UN Special Rep to supervise, certify voter registration, election; restriction of S African/SW African Peoples Org (SWAPO) troops to bases, withdrawal of most S African troops, demobilization of citizen, paramilitary forces; free speech, movement, press during transitional period. 1982: Constitutional Principles for Namibia issued. 1988: Angolan, Cuban troops defeated S African military at Cuito Cuanavale. 1989: S Africa agreed to implementation. UN entrusted admr of registration, election to S African colonial Gov't; reduced UNTAG peacekeeping force from 7600 to 4500. 4/1/89: Implementation began w/ only 1000 UNTAG troops present; w/in 1 week 300 SWAPO soldiers killed, many executed after surrendering. Gov't repealed many security laws, left intact Proclamation AG 8 of 1980 (divided Namibia into white/non-white areas); introduced Public Gathering Act restricting meetings. 41,000 Namibian refugees repatriated. S Africa retained unilateral claim to Walvis Bay (Namibia's only port), authority to grant/withhold observers' visas. 6/89: S Africa published draft election law w/ violations of secrecy: traceable ballots, illiterate voters (60%) to be assisted by Gov't officials; corrected, released final law 3 weeks before election. Multinat'l Commn on Independence observed registration, election. 11/89: Election of Constituent Assembly took place: 97% turnout; SWAPO won 41 of 72 seats (less than 2/3 required for ratifying Const); Democratic Turnhalle Alliance (S Africa-backed) won 21 seats; 5 smaller parties split remainder. Assembly began process of drafting Const, moving toward full independence.

8/2/90: Iraq invaded Kuwait. U.S. proposed Res to UNSC: breach of int'l peace due to invasion under Arts 39, 40 (PL-370/2.1); UNSC condemns invasion, demands Iraq "withdraw immediately and unconditionally" all forces to positions as of 8/1/90; calls on Iraq, Kuwait to begin intensive negotiations for resolution of situation; decides to meet as necessary re further steps to ensure compliance.

• 8/2/90: UNSC adopted Res (14-0); Yemen abstained. 8/7/90: Pres Bush ordered 50,000 troops to Saudi Arabia over following mth.

See PL-521a/3.2, PL-521b/3.3, PL-521c/3.3, PL-521d/3.4; PL-522/9.1, PL-522a/9.1, PL-522b/9.1; PL-523/10.1

8/2/90: Iraq invaded Kuwait, announced annexation of territory. (See PL-521/3.1). 8/6/90: UNSC considered Res 661: acting under Chap 7 (PL-370/2.1): Iraq failed to comply w/ Res 660, usurped legitimate gov't of Kuwait; imposed mandatory sanctions against Iraq to secure Iraq's withdrawal from Kuwait. Sanctions require all states to prevent: 1) import of all products originating in Iraq, Kuwait; 2) sale/supply by their nat'ls, from their territories of products to Iraq, Kuwait, not including supplies intended for medical purposes, food in humanitarian circumstances; 3) availability of economic resources to Iraqi Gov't, commercial, public undertakings in Iraq, Kuwait. Res also created UNSC Comm to report on progress, implementation of sanctions.

• 8/6/90: UNSC adopted Res 661 (13-0-2), Cuba, Yemen abstaining. 8/9/90: UNSC unanimously adopted Res 662: annexation of Kuwait invalid. 8/18/90: UNSC unanimously adopted Res 664 demanding safe passage from Kuwait, Iraq of third-country nat'ls, rescission by Iraq of orders to close diplomatic, consular missions in Kuwait. 8/25/90: UNSC adopted Res 665 (13-0-2), Cuba, Yemen abstaining, calling on states to engage in naval embargo to support sanctions imposed on Iraq under Res 661. 9/13/90: UNSC adopted Res 666 (13-2-0), Cuba, Yemen voting against, calling for assessment of food supply in Iraq, Kuwait for humanitarian purposes, noting Res 661 does not relate to medical supplies. 9/13/90: Iraqi troops occupied residence of French ambassador in Kuwait City, raided other Western missions in Kuwait. 9/13/90: UNSC unanimously adopted Res 667 condemning actions taken by Iraq against diplomatic missions, personnel in Kuwait. 9/24/90: UNSC unanimously adopted Res 669 calling on Sanctions Comm established under Res 661 to examine requests for assistance by states under Art 50 (PL-370/2.1). 9/25/90: UNSC adopted Res 670 (14-1-0), Cuba voting against: sanctions imposed under Res 661 include all means of transport including aircraft. 10/29/90: UNSC adopted Res 674 (13-0-2), Cuba, Yemen abstaining: demanded Iraq: 1) stop taking third country nat'ls hostage; 2) end mistreatment of Kuwaiti citizens; 3) protect diplomatic, consular missions in Kuwait; requested Sec'y-Gen'l use offices to achieve aims. 11/28/90: UNSC unanimously adopted Res 677: condemned Iraq's attempts to change demographic composition of Kuwait, destroy civil records; requested Sec'y-Gen'l to keep copy of Kuwait's population registration as of 8/1/90.

See PL-521/3.1, PL-521b/3.3, PL-521c/3.3, PL-521d/3.4

8/2/90: Iraq invaded Kuwait. See PL-521/3.1, PL-521a/3.2. Iraq failed to comply. 11/29/90: UNSC discussed Res 678: demanding Iraq fully comply w/ Res 660, 661-677, allowing Iraq one final opportunity, authorizing member states to "use all necessary means" to uphold Res 660, restore int'l peace in area unless Iraq does so itself on/before 1/15/91.

• 11/29/90: UNSC approved Res (12-2-1), Cuba, Yemen voting against; China abstaining. Iraq did not withdraw. 1/16/91: Ground war began in Gulf between Iraq, coalition of military forces from 34 nations cooperating w/ Kuwait.

See PL-521/3.1, PL-521a/3.2, PL-521c/3.3; PL-522/9.1, PL-522a/9.1, PL-522b/9.1; PL-653/50.7

8/2/90: Iraq invaded Kuwait. (See PL-521/3.1; PL-521a/3.2; PL-521b/3.3). 1/16/91: War broke out in Gulf between Iraq, coalition of military forces from 34 nations cooperating w/ Kuwait. 2/28/91: U.S., allied forces announced cease-fire; Iraq stopped combat. 4/3/91: Belgium, France, Romania, UK, U.S., Zaire sponsored Res 687, setting terms for permanent cease-fire in Gulf: 1) Iraq, Kuwait respect 1963 int'l boundary; 2) established demilitarized zone, requested Sec'y-Gen'l to submit plan for deploying UN observer group to monitor zone; 3) Iraq unconditionally to accept destruction/removal of all chemical, biological weapons, ballistic missiles w/ range greater than 150 km; undertake not to use, develop such weapons including nuclear weapons; Iraq to submit declaration of locations of such weapons to Sec'y-Gen'l w/in 15 days; Int'l Atomic Energy Agency (IAEA) to inspect Iraq's nuclear capabilities, submit plan to UNSC for destruction/removal w/in 45 days; 4) Sec'y-Gen'l to report to UNSC steps taken to facilitate return of Kuwaiti property seized by Iraq; 5) reaffirmed Iraq's liability under int'l law for loss, damage, injury to foreign gov'ts, nat'ls, corps resulting from invasion of Kuwait; created compensation fund, overseen by admr comm, to pay claims against Iraq, Iraq's contribution to fund to be based on percentage value of petroleum exports, considering humanitarian needs, payment capacity; 6) ended prohibition against sale/supply to Iraq of food, materials, supplies (not including weapons) essential for civilian needs; continued prohibition on import of Iraqi products until Iraq complied w/ Res; 7) Iraq to cooperate w/ Int'l Red Cross to facilitate repatriation of Kuwaitis, third-country nat'ls; 8) Iraq to inform UN it would not commit/support int'l terrorism; 9) formal cease-fire would enter into force when Iraq officially notified Sec'y-Gen'l of acceptance of Res 687.

• 4/3/91: UNSC adopted Res (12-1-2), Cuba against; Ecuador, Yemen abstained. 4/6/91: Iraq officially accepted terms of Res. 4/9/91:

See PL-521/3.1, PL-521a/3.2, PL-521b/3.3

8/2/90: Iraq invaded Kuwait. (See PL-521/3.1; PL-521a/3.2; PL-521b/3.3; PL-521c/3.3). 1/16/91: War began in Gulf between Iraq, coalition of military forces from 34 nations cooperating w/ Kuwait. 2/28/91: U.S., allied forces announced cease-fire, Iraq stopped combat. 3/2/91: Belgium, France, Romania, USSR, UK, U.S., Zaire sponsored Res 686: 1) Iraq to rescind annexation of Kuwait, accept liability for loss, damage, injury to Kuwait, third-party states, nat'ls; 2) Iraq to cease hostile, provocative action against Member States; 3) Iraq to provide UNSC information, assistance in identifying Iraqi mines, booby traps, chemical, biological weapons in Kuwait.

• 3/2/91: UNSC adopted Res 686 (11-1-3), Cuba voting against; China, India, Yemen abstaining. 4/9/91: UNSC considered Res 689: deploying UN Iraq-Kuwait Observation Mission (UNIKOM) to Gulf. 4/9/91: UNSC unanimously adopted. 6/17/91: UNSC unanimously adopted Res 699: Iraq should pay full cost of destruction of Iraqi weapons outlined in Res 687. 6/17/91: UNSC unanimously adopted Res 700, approving guidelines facilitating full implementation of arms embargo provisions of Res 687, requiring Sanctions Comm to monitor embargo, report to UNSC every 3 mths.

1967-92: Israel reportedly deported 2,000 Palestinian civilians from occupied territories. 1/2/92: Israel decided to resume expulsions, including 12 "heavily implicated in organizing terror attacks."

• 1/6/92: After debate, UNSC unanimously adopted Res 726: 1) strongly condemned 1/2/92 decision; 2) reaffirmed applicability of 1949 4th Geneva Convention to all occupied territories. 1992: Middle East peace conference convened in Madrid, applauded by Sec'y-Gen'l, Comm on Exercise of Inalienable Rights of Palestinian

Parties alleged "grave breaches" of 1949 Geneva Conventions, 1977 1st Additional Protocol (Art 2); specific violations of laws of war (Art 3). 5/25/93: UNSC passed Stat of Int'l Tribunal: Tribunal shall have power to prosecute persons committing genocide (Art 4); accused shall have rights (similar to rights of accused in ICCPR (PL-97/2.2), but no: stated standard of proof, standard of review, provision for ex parte affidavits/in camera proceedings to protect witnesses, "rape shield laws").

• Establishment of Tribunal, appointments of prosecutor, judges, proceedings pending.

Helsinki Watch, 485 5th Ave, NY, NY 10017-6104

See Bosnia, PL-731/5.4

Res proposed to UNGA calling for appointment of special commn to investigate Israeli practices affecting human rights of Palestinian people/other Arabs of occupied territories.

• 12/8/89: UNGA adopted res 44/48. Daya Perera appointed to chair special commn, start investigation immediately.

7/91: Int'l Law Commn (ILC) considered titles and text of Arts 1-26 defining specific punishable crimes including: acts of aggression by State against another State; threats of aggression against State; intervention in affairs of State; colonial/alien domination; genocide; apartheid; mass violations of human rights; war crimes; recruitment, use, financing/training of mercenaries; int'l terrorism; illicit traffic in narcotic drugs; willful/severe damage to environment.

• 11/92: GA Res 47/33: Report of ILC on Work of 44th Session urged countries to present comments/observations on draft by 1/1/93. Pending.

UNGA considered resolution to refrain from promulgating, applying laws/measures affecting sovereignty of other states, as well as freedom of trade, shipping; to take prompt steps to repeal/invalidate such measures already in effect.

• 11/24/92: UNGA passed non-binding resolution (59-3), requested Sec'y-Gen'l to elaborate by report as to fulfillment of resolution; decided to include in agenda for 48th Session.

See PL-738/50.8;

1973 ICJ 105-106, 142; 1974 ICJ 253, 457

1966: France began atmospheric testing of nuclear weapons over French-occupied Polynesian islands. 5/9/73: Australia submitted application to ICJ under Gen'l Act for Pacific Settlement of Int'l Disputes Art 17 (1928), ICJ Stat Art 36, paras 1, 2, 37, instituting proceedings against France to stop further atmospheric nuclear tests in S Pacific: French tests caused measurable quantities of radioactive matter to be deposited on Australian territory; sought interim protection (1928 Gen'l Act Art 33, ICJ Stat Art 41, Rules of Court Art 66). 5/9/73: New Zealand submitted similar application. 5/16/73: France: ICJ lacked jurisdiction, refused to appoint agent, requested case be removed from list. 6/22/73: ICJ approved interim measures of protection: Stat Art 41. Australia requested France carry out such measures by avoiding testing nuclear weapons. 7-8/73, 6-9/74: France continued to carry out nuclear tests.

• ICJ decided written proceedings should first be directed to resolution of Ct's jurisdiction. 7/4-11/74: ICJ held public h'gs on jurisdiction, admissibility of Australia's application; France not represented. 6/8-10/11/74: French Gov't made numerous statements indicating intent to cease atmospheric nuclear tests following conclusion of 1974 series, to continue underground. 12/20/74: ICJ (9-6): public statements by French Gov't conveying intention to terminate atmospheric testing had practical effect of creating binding legal obligation, France required to follow course of conduct consistent w/ statements; Australia's, New Zealand's objectives accomplished, claims no longer valid, Ct need not give decision.

See PL-469/11.1; PL-554/85.8

11/4/79: Iranian students took hostages at U.S. Embassy in Teheran. 11/7/79: Ayatollah Khomeini wanted deposed Shah returned to Iran before allowing U.S. talks on release of hostages. 11/17/79: Khomeini decreed release of black, female hostages. 11/29/79: U.S. filed application w/ICJ seeking release, protection of hostages, prosecution of those responsible. 12/9/79: Iran sent letter to ICJ; did not file pleadings or appear; argued ICJ should not hear case due to 25 yrs of U.S. interference in, exploitation of Iran, including CIA-aided 1953 coup d'etat restoring Shah to power; hostage situation was marginal, secondary aspect of overall problem.

• 5/24/80: ICJ: Iran breached obligations to U.S. under 1955 treaty; 1961, 1963 Vienna Conventions; Iran must: release hostages; ensure

3/81-4/9/84: U.S. spent over $70 million to arm, supply mercenaries to fight against Nicaraguan Gov't. 4/6/84: U.S. Pres Reagan announced U.S. would not accept ICJ compulsory jurisdiction over Central American disputes for 2 yrs. 4/9/84: Nicaragua filed in ICJ Application Instituting Proceedings against U.S. w/ Annex A: Chronological Account of U.S. "Covert Activities" in/against Nicaragua, charging U.S. intervention, use of military force w/in its borders in violation of Art 2, para 4 (PL-370/2.1); OAS Charter Arts 18, 20; general, customary int'l law. U.S. filed brief contesting ICJ jurisdiction.

• ICJ accepted jurisdiction. 5/11/84: ICJ issued interim ruling (15-0): U.S. "should immediately" stop blocking Nicaraguan ports, laying mines; (14-1) should fully respect Nicaraguan sovereignty. 11/26/84: ICJ rejected U.S. argument denying jurisdiction. 1/85: U.S. announced it would not present defense, abide by decision. 9/12/85: ICJ heard case. 6/27/86: ICJ ruled (11-4): must apply "multilateral treaty reservation" in Stat of ICJ, Art 36, para 2, acceptance of jurisdiction by U.S. (8/26/46); (12-3): U.S. activities not justified as self-defense; U.S. training, financing, arming of contras, attacking Nicaraguan territory, overflights, U.S. mining of Nicaraguan harbors all breach of obligations under customary int'l law of nonintervention, not to use force, not to violate sovereignty, not to interrupt peaceful maritime commerce; (14-1): above acts violated U.S.-Nicaragua Treaty of Friendship, Commerce & Navigation (1/21/56); failing to notify of location of mines violated customary int'l law; producing 1983 manual on guerrilla war for contras encouraged acts contrary to general principles of humanitarian law; (12-3): U.S. trade embargo on Nicaragua violated 1956 Treaty; U.S. under duty immediately to cease all such activities; U.S. obligated to make reparations to Nicaragua, amount to be determined by parties; (14-1): failing agreement by parties, ICJ will determine reparations; U.S. not directly accountable for contra activities encouraged by CIA guerrilla-training manual. ICJ unanimously recalled both parties' obligation to resolve disputes in accordance w/ int'l law. U.S. immediately reaffirmed intention not to abide by ICJ ruling. Nicaragua made attempts to negotiate damages w/ U.S., failed; asked UNSC to act. U.S. vetoed UNSC action. Nicaragua asked ICJ to determine damages; ICJ set briefing schedule. Nicaragua submitted brief detailing over $12 billion damages; U.S. did not submit brief. 2/90: Chamorro elected Pres of Nicaragua. 4/5/90: Nat'l Assembly passed Law 92 establishing gov't obligation to continue case. 6/91: Nat'l

See PL-218/5.1

7/28/86: Nicaragua sued Honduras: threats of force, military assistance to contras in transborder actions violated law, claimed ICJ jurisdiction under Bogotá Pact Art 31, under which signatories recognize compulsory jurisdiction. 8/29/86: Honduras claimed ICJ had no jurisdiction.

• 10/22/86: ICJ decided first pleadings to deal exclusively w/ jurisdiction, admissibility. 8/7/87: Central American presidents signed Esquípulas II peace accord; ICJ h'gs adjourned. 3/88: After Nicaraguan incursion, U.S. sent 3200 troops to Honduras. Nicaragua asked ICJ to reactivate proceedings. 6/88: ICJ held 6 public sittings. 12/20/88: ICJ (3-0): suit admissible under Bogotá Pact Art 31: "Contadora process" not such "direct negotiation through the usual diplomatic channels" as to exclude ICJ suit under Bogotá Pact Art 2; no such negotiations underway when Nicaragua filed suit, "Contadora process" having been concluded; ICJ had jurisdiction. Schurbel, Oda, Shahabuddeen, JJ, filed separate opinions. 4/21/89: ICJ set time limits for written proceedings on merits: 9/89 for Nicaragua, 2/90 for Honduras. 1991: Nicaraguan Parliament accepted Pres Chamorro's bill to withdraw claim against Honduras. 5/11/92: Nicaragua, taking into account parties' out-of-court settlement, decided to renounce further proceedings in ICJ. Honduras did not oppose discontinuance. 5/27/92: ICJ ordered discontinuance.

See PL-470/17.1

(Applicability of Obligation to Arbitrate under UN Headquarters Agreement of 6/26/47, §21); 1988 ICJ 77 (ICJ 1988)

1947: UNGA granted permanent observer status to Palestine Liberation Org; PLO opened office in Manhattan. 12/16/87: U.S. Cong passed Anti-Terrorism Act (ATA) (22 USC §§5201-5203) barring PLO from receiving, spending funds, operating offices in U.S. 12/17/87: UNGA passed res declaring U.S. attempt to close PLO mission violated UN Headquarters Agreement, GA Res 169 (11), 11 UNTS 11, No 147 (1947), that assured diplomats unhindered access to UN. 2/29/88: Arab nations asked UNGA to seek ICJ ruling declaring U.S. attempt to close PLO mission violation of Headquarters Agreement. 3/21/88: ATA went into effect; U.S. sued in DC seeking injunction to close PLO mission at UN.

• 4/26/88: Ruda, ICJ Pres, issued 25-page opinion, held U.S. in violation of Headquarters Agreement, U.S. bound by §21 to submit to binding arbitration. Schwebel, ICJ judge (U.S.) joined opinion.

See PL-260/30.6; PL-259/30.6; PL-318/43.14

1988-89 ICJ Yearbook 143; 1989-90 ICJ Yearbook 137; 1992-93 ICJ Yearbook 163

7/2/88: 2 surface-to-air missiles launched from USS Vincennes shot down Iran Air Airbus over Iranian territorial waters during Iran-Iraq war. U.S. Gov't insisted Vincennes fired in self-defense during attack by Iranian gunboats after giving repeated warnings to unidentified, hostile plane. 5/17/89: Iran filed application in ICJ instituting proceedings against U.S.: killing all passengers on board, refusing to compensate for damages, continuous interference w/ Persian Gulf aviation violated Chicago Convention on Int'l Civil Aviation (1944), Montreal Convention for Suppression of Unlawful Acts Against Safety of Civil Aviation (1971). Iran requested U.S. pay compensation set by Ct to Iranian Gov't for loss of plane, injuries suffered by country, families of those killed. 8/89: U.S. Gov't notified ICJ it would participate in case. 7/23/90: Iran filed written complaint.

• 1990: ICJ granted extensions of time to file. 4/4/91: U.S. filed preliminary objections to jurisdiction of Ct. 1991: ICJ granted Iran further extension. 12/18/91: ICJ asked for views of Int'l Civil Aviation Org; submitted.

After break-up of Yugoslavia, widespread fighting, rape, torture, death camps, "ethnic cleansing". 1993: Bosnia accused Serbia, Yugoslavia of violating 1948 (see PL-364/2.1), asked ICJ: for emergency ct protection from ethnic Serb militiamen, Serbia; to support lifting arms embargo preventing Bosnia from receiving military aid.

• 4/1-2/93: Bosnia presented case before ICJ; Serbia, Yugoslavia denied charges: Serbia in Civil War. Presentation of extensive testimony awaited. 4/8/93: ICJ (13-1) issued interim order: Yugoslavia to do everything in its power to "prevent the crime of genocide" in Bosnia-Herzegovina, "in particular ensure that any military, paramilitary or irregular units...directed or supported by it...do not commit any acts of genocide"; did not address exempting Bosnia from arms embargo. Russia diss: lack of proof against Yugoslavia, ill-defined/vague requirements by Ct.

Prof Francis Boyle, U of IL Law School, 504 E Pennsylvania Ave, Champaign, IL 61820

See PL-726/3.5

8/6/45: U.S. dropped first nuclear weapon on civilian city of Hiroshima. 8/8/45: U.S., USSR, France, UK signed Nuremberg Principles: defining crimes against peace, crimes against humanity, war crimes. 8/9/45: U.S. dropped second nuclear weapon on Nagasaki. 1992: Int'l Physicians for Prevention of Nuclear War predicted total exchange of existing stockpiles of nuclear bombs could result in one billion or more casualties making human survival questionable. 6/14/93: World Health Org (WHO) asked ICJ for advisory opinion on legality of nuclear weapons under int'l law (UNGA Res that prohibit use of nuclear weapons as crime against humanity, violative of (PL-370/2.1): GA Res 1653 (XVI), UN GAOR, 16th Sess, Supp No 17, at 4, UN Doc A/5100 (1962); GA Res 2936, UN GAOR, 20th Sess, Supp No 31, at 5, UN Doc A/8730 (1972); GA Res 33/71B, 33 UN GAOR, Supp No 45, at 48, UN Doc A/33/45 (1978); GA Res 34/83G, 34 UN GAOR, Supp No 46, at 56, UN Doc A/34/46 (1979); GA Res 35/152D, 35 UN GAOR, Supp No 48, at 69, UN Doc A/35/48 (1980); GA Res 36/921, 36 UN GAOR, Supp No 51, at 64, UN Doc A/36/51 (1981); Res 37/100C, UN GAOR, Supp No 51, at 83 (1982); Res 38/75, UN GAOR, Supp No 47, at 69 (1983); Res 39/63H, UN GAOR, Supp No 57, at 70 (1984); Res 40/151F, UN GAOR, 40th Sess, Supp No 53, at 85 (1986); Res 42/39C, UN GAOR, 42nd Sess, Supp No 49, at 81 (1987); Res 43/76E, UN GAOR, 43rd Sess, Supp No 49, at 90 (1988); Res 44/117C, UN GAOR, 44th Sess, Supp No 49, at 80, (1989); Res 45/59B, UN GAOR, 45th Sess, Supp No 49, at 71 (1990); Res 46/37D, UN Doc GA/8307, at 127 (1992); Res 47/53C, UN Doc GA/8470, at 112 (1993); Laws of War; Nuremberg Principles; Right to Life under UDHR). Indonesia, on behalf of nonaligned movement (110 countries), drafted res on advisory opinion on legality of use/threat of use of nuclear weapons; issues: WHO's authority to raise nuclear weapons questions; should ct respond to question concerning security policy of nuclear weapons states; should ct conclude that nuclear weapons are inherently violative of int'l law, thereby making their use illegal?

• Pending.

Peter Weiss, Co-Pres, Int'l Assn of Lawyers Against Nuclear Arms, 633 3rd Ave, 14th Fl, NY, NY 10017

Capitol Employees Organizing Group (CEOG) filed complaint against U.S. Gov't: Senate restaurant employees sought exclusive bargaining rights; Sen, Sen restaurant admr harassed, discriminated against CEOG members. 9/83: in employer poll majority rejected collective bargaining, preferred existing restaurant management over contracting out to private firms. 3/9/85: similar problem in House. 7/30/84: CEOG notified House: substantial majority of House restaurant employees signed cards asking CEOG to be exclusive labor-management representative. 6/19/85: House told restaurant employees they would be fired, replaced w/ nonunion private employees. 7/19/85: Architect of Capitol employed same unfair labor practices. 5/16/85: Gov't reply: 3 bills to include Cong under provisions of fed'l labor law expired 1984. 10/23/85: Architect of Capitol improved grievance procedures; House employees given same protection, benefits as other fed'l employees. 2/7/86: U.S. sent memo to managers: supervisors may not interfere in any way w/ right to join union.

• 1987: ILO Freedom of Association Comm: 1) recommended U.S. Gov't recognize for collective bargaining purposes organizations representative of workers employed by U.S.; requested Architect of Capitol announce willingness to bargain collectively w/ organization representing Sen restaurant workers, to organize further ballot among workers; 2) recalled it is fundamental to freedom of association that workers enjoy adequate protection against all acts of anti-union discrimination re employment, protection especially desirable for trade union officials.

8/13/87: CTUO filed complaint against U.S. Gov't/Puerto Rico: violations of trade union rights, ILO Convention on Freedom of Association: U.S./Puerto Rican Gov'ts prepare, maintain lists, files on individuals, unions described as "Separatists, Subversives"; use lists to discriminate unjustly, unconstitutionally influence ability to get employment benefits. 10/4/87: WCL joined complaint. 2/9/88: U.S. Gov't/Puerto Rico replied: civil suit pending in Puerto Rico Sup Ct re lists, cannot transmit observations, case is sub judice. 7/31/87: Puerto Rico Sup Ct: compiling files on individuals, orgs exclusively by political, ideological beliefs w/out link to criminal activity is unconstitutional; Puerto Rico must return docs in possession of police found in files opened for political, ideological beliefs.

• 1988: ILO Freedom of Association Comm: nat'l cts condemned Puerto Rican police practice of compiling blacklists including unionists, workers' orgs w/ no criminal investigation links; "blacklisting" trade union officials is serious threat to free exercise of trade union rights; recommended appropriate remedy guaranteeing Puerto Rican unionists protection against anti-union measures.

7/28/88: UMWA filed complaint against U.S. Gov't: violation of trade union rights: enforcement procedures of U.S. labor law ineffective re Enoxy Coal Corp's unfair labor practices: refusal to bargain in good faith, subcontracting mining operations to nonunion cos, anti-union discrimination against union leaders, union Vice Pres dismissal to weaken union, hiring armed security guards to harass, intimidate union members. 9/2-8/88: AFL-CIO, MIF joined complaint. 10/26/88: U.S. Gov't replied: complaint fails to provide specific information that U.S. labor laws inadequate to safeguard freedom of association; labor negotiations voluntary, not required to bargain collectively if terms unacceptable (NLRA §§8(A)(3), (5), 8(D)); union failed to file w/ NLRB; re subcontracting, union failed to file NLRB grievance, arbitrator ruled in union's favor, 2 appellate cts rev'd arbitrator's award: grievance untimely, pending in U.S. 6th Cir Ct of App; procedures fair, available to both parties; union failed to file NLRB grievance for other complaints.

• 1989: ILO Freedom of Association Comm recommended: 1) complainant did not pursue NLRA adjudication procedures for complaints for dismissal of union leader, refusal to bargain in good faith; 2) regretted excessive length of appeals procedure for subcontracting mining operations allegation; 3) subcontracting accompanied by dismissals of union leaders/members can violate employment discrimination because of union membership, activity; 4) U.S. Gov't should inform Comm of final subcontracting complaint decision; 5) U.S. Gov't should draw attention of Ente Nazionale Idrocarburi/Enoxy Coal Corp of obligation of employers, trade unions to bargain in good faith; 6) satisfactory labor relations depend on parties' attitudes towards each other, mutual confidence; 7) U.S. Gov't should inform Comm on measures taken to improve labor relations at Enoxy Coal Corp, especially Pevler coal mining complex.

7/27/90: AFL-CIO filed complaint against U.S.: U.S. labor law, jurisprudence allow permanent replacement of economic strikers violating freedom of association, rights to organize, bargain collectively. 5/2/91: U.S. Gov't replied: replacement worker doctrine (NLRB v. Mackay, 304 US 333 (1938)) balances rights/interests of

• 1991: ILO Freedom of Association Comm: unable to conclude w/ any degree of certainty whether employers increasing permanent replacement of economic strikers.

10/26/90: AFL-CIO filed complaint against U.S.: Title VII Civil Service Reform Act (CSRA 1978), many state actions violate basic rights of public servants to organize, bargain collectively: TX, GA stats; LA, NM, SC absence of stats; VA judicial, legislative cancellation of current collective agreements; TN discrimination against trade unions by refusing to grant check-off facilities because of nat'l affiliation. 12/18/90: PSI joined complaint. 5/15/92: Gov't replied: constitutional right to freedom of association applies to forming, joining, participating in union, not collective bargaining.

• After h'g, ILO Freedom of Association Comm recommended: 1) all public service workers other than those engaged in admr of state should enjoy collective bargaining rights; 2) Gov't should supply information on legislative situation in states mentioned; 3) priority should be given to collective bargaining in fullest sense possible as means for settlement of disputes arising in connection w/ determination of terms, conditions of employment in public service; 4) U.S. Gov't should transmit specific comments on alleged suspension of current collective agreements in VA, refusal to grant check-off facilities to independent unions in TN; 5) Louisville, KY, U.S. Naval Ordnance Station taking 4 yrs to settle collective agreement not conducive to sound industrial relations.

3/5/90: UFCW filed complaint against U.S. Gov't: violations of trade union rights: U.S. labor laws, enforcement do not adequately protect trade union, worker rights, including freedom of association, right to organize against anti-union conduct of certain employers; legal remedies prove ineffective when NLRB finds organizational rights violated; NLRA §§10(J), (L) treat trade unions, employers unequally. 3/13-4/9/90: AFL-CIO, FIET joined complaint. 10/19/90: U.S. Gov't replied: U.S. labor laws adequately protect trade union, worker rights, including freedom of association, right to organize (1st Amdt, NLRA §§1, 7, 8(A)(1), 10), in compliance w/ ILO

• 1992: ILO Freedom of Association Comm recommended U.S. Gov't: 1) guarantee access of trade union representatives to work-places, w/ due respect for rights of property, management, so trade unions can communicate w/ workers to apprise them of potential advantages of unionization; 2) draw attention of companies concerned to its conclusions in this case; 3) stress to all parties the need to develop harmonious labor relations on basis of mutual confidence when companies violate trade union rights; 4) ensure that workers, employers will be treated equally re unfair labor practices.

2/13/91: During U.S. air raid bombing, Dr Khader's wife, 4 daughters killed in U.S. shelter. 2/13/92: Pl filed petition w/ UN Human Rights Commn charging U.S. w/ gross violations of laws of war.

• 1992: Pl filed petition for compensation for damages. UN Compensation Commn attorneys: Khader eligible under Commn's mandate to compensate all victims of Iraqi "unlawful invasion and occupation of Kuwait." Pending.

Beth Stephens, Jennifer M Green, José Luis Morín, CCR, 666 Broadway, 7th Fl, NY, NY 10012

8/2/90: Iraq invaded Kuwait. 8/90: Hundreds of thousands of foreign workers living in Kuwait, Iraq fled to Jordan. Jordan requested help from UN.

• 8/29/90: UN Sec'y-Gen'l de Cuéllar designated UN Disaster Relief Org to coordinate w/ UN High Commr for Refugees (UNHCR), Int'l Org for Migration (IOM), Jordanian Red Crescent, Int'l Comm of Red Cross. 9/90: Aided by Jordanian funding, IOM organized 40 evacuation flights daily to repatriate 700,000 refugees to countries of origin. 10/90: UNHCR, IOM set up 9 transit camps in Jordan in cooperation w/ World Health Org, UN Children's Fund, UN Development Programme, UN Volunteers, UN Relief and Works Agency for Palestine Refugees, 37 NGOs.

See PL-522a/9.1, PL-522b/9.1; PL-523/10.1

8/2/90: Iraq invaded Kuwait, causing hundreds of thousands of refugees to enter Jordan from Kuwait, Iraq (see PL-522/9.1).

• 1/11/91: Anticipating second surge of refugees at outbreak of war, UN Disaster Relief Org (UNDRO) requested $38 million to feed, shelter, repatriate 400,000 refugees in temporary camps in Syria, Turkey, Iran, Jordan. Nations responded w/ donations. UNDRO set up several camps stocked w/ 3 mths supplies. 1/16/91: War broke out between Iraq, coalition of military forces from 34 nations cooperating w/ Kuwait. 1-3/91: 65,000 refugees left Iraq for temporary refugee camps established by UN.

See PL-522/9.1, PL-522b/9.1; PL-523/10.1

8/2/90: Iraq invaded Kuwait. 1/16/91: War broke out between Iraq, coalition of military forces from 34 nations cooperating w/ Kuwait. 2/28/91: U.S., allied forces announced cease-fire, Iraq stopped fighting. Iraqi Kurds began fleeing toward Turkey, Iran, totalling 1.1 million refugees.

• 4/5/91: UN Disaster Relief Org (UNDRO) announced emergency appeal for $137 million to aid Kurds. UNSC adopted Res 688 demanding Iraq end repression of Kurdish civilians, insisting Iraq allow int'l humanitarian orgs access to all. 4/9/91: UNDRO released new urgent refugee plan, requesting $400.2 million to assist 1-5 million refugees. 4/16/91: U.S. announced intent to send 10,000 troops to build

See PL-522/9.1, PL-522a/9.1; PL-523/10.1

8/2/90: Iraq invaded Kuwait. 1/16/91: War began in Gulf between Iraq, coalition of military forces from 34 nations cooperating w/ Kuwait. 2/28/91: U.S., allied forces announced cease-fire; Iraq stopped combat. Kuwait's reconstruction estimated at $100 billion, damage to nat'ls estimated at $70 billion. 4/3/91: UNSC: aff'd Iraq's liability under int'l law for loss, damage, injury to foreign Gov'ts, nat'ls; recommended creation of Compensation Fund (see PL-521c/3.3) to handle claims of displaced guest workers, lost resources, special hardship pleaded by 21 states under Art 51 (PL-370/2.1).

• 5/20/91: UN created Compensation Fund in Geneva to be administered by UN Compensation Commn: 1) Governing Council of 15 representing 15 UNSC members; 2) Secretariat to administer Fund; 3) Commrs to resolve claims presented to Commn, drawn from register of experts in law, accounting, insurance, finance, environment; Commn requires Gov'ts to submit consolidated claims, provides for Iraq's contribution to fund based on percentage of oil revenues. Governing Council issued criteria for expedited processing of urgent claims to provide immediate relief for: 1) departure from Iraq, Kuwait; 2) personal injury; 3) death; set fixed levels of compensation, ie, $4,000 for claims based on departure. Work proceeding.

See PL-521/3.1, PL-521a/3.2, PL-521b/3.3, PL-521c/3.3, PL-521d/3.4; PL-522/9.1, PL-522a/9.1, PL-522b/9.1

(Int'l Arbitration Tribunal, Geneva)

7/10/85: Greenpeace sailed flagship Rainbow Warrior to lead protest against French underground nuclear testing on S Pacific island of Muruora. French secret service agents sank ship w/ explosives in Auckland Harbor. Pls sued for damages. Parties agreed to arbitrate. Pls raised int'l law, liability of secret services, tort law, damages.

• 10/2/87: Tribunal awarded Pls $8.16 million (U.S.), including $1.2 million aggravated damages in proceedings, text of award held confidential under arbitral agreement.

Lloyd N Cutler; Duncan Currie, Greenpeace Int'l

See PL-554/85.8

Special Comm on Situation re Implementation of Declaration on Granting of Independence to Colonial Countries & Peoples discussed issues: S Africa, apartheid, Trust Territory of Pacific Islands, Puerto Rico, military activities in U.S. territories.

• 2/4/92: U.S. sent letter to UNGA Pres: urging Special Comm to reform its work, stop taking up such "inappropriate" issues, "set aside ... past ... practices focus on ... outmoded agenda."

Nat'l Defense Counsel for Victims of Karoshi (death from overwork), Nat'l Inst of Public Health, labor unions prepared documentary film/other documents re 10,000 deaths/yr from overwork, eg, 100-200 hrs overtime/mth in subsidiary plants supplying parts to Toyota; 1989: Japanese production workers averaged 2,159 hrs/yr, W German 1,638, French 1,636; filed w/ Human Rights Comm in preparation for Comm dialogue w/ Japanese Gov't on its report under (see PL-97/2.2).

• 5/93: Human Rights Comm received documentation. Comm h'g pending.

22 UST 762, TIAS 7137, 634 UNTS 364, 6 ILM 521 (1968); 28 ILM 1400 (1989)

2/14/67: signed at Mexico City. Parties agreed to limit spread of nuclear weapons by preventing their introduction into Latin America; to use exclusively for peaceful purposes nuclear material, facilities under their jurisdiction, to refrain from participating in testing, use, manufacture, production, possession or control of any nuclear weapon. Enforcement: Parties to negotiate problems w/ Int'l Atomic Energy Agency; to establish org to ensure compliance: Agency for Prohibition of Nuclear Weapons in Latin America. Duration: permanent.

• 4/22/68: Entered into force. 1993: 26 nations are parties.

PROTOCOL I: Calls on nations outside treaty zone to apply denuclearization provisions of tre