What defenses might the ex-presidents counsel seek to use

Reference no: EM133685414

Question

1. Human rights law is useful in helping us understand the reasons for the creation of the International Criminal Court, which we review along with the ICJ and WTO.

2. Corporations, like individuals, can be brought to court for human rights violations. Shell's role in Nigeria, like Unocal's in Myanmar, led to worldwide scrutiny and even court actions. American companies sourcing in Saipan were implicated in forced labor and human rights violations in apparel manufacturing. Most recently, the factory collapse in Bangladesh has caused concern about the exposure of US corporations to accusations of violating human rights.

3. Two key concepts, developed in De Sanchez v Nicaragua and in the Pinochet case are: 1) what is a human rights violation, and 2) what kinds of immunity do government leaders have from prosecution.

4. For this case analysis, the question is as follows. Based on De Sanchez and Pinochet precedents, how would you analyze the following:

A. A former President of a country in East Africa has been living in exile in Dubai. He flies to the US for a cancer operation and while here, is served with a summons for two lawsuits filed by U.S. residents who were former citizens of that East African country during the ex-President's tenure.

B. The lawsuits allege universal jurisdiction over the ex-President.

The first lawsuit's basis is that the defendant ordered the seizure of all farms owned by white or Asian people, regardless of the nationality of such people, thereby violating the UN Charter on Human Rights.

The second lawsuit's basis is that forces under his direct command committed violent crimes and murders against a specified group of people, for political purposes.

QUESTION

What defenses might the ex-President's counsel seek to use -- and what is their likelihood of success?

Reference no: EM133685414

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