Subcommittee on International Human Rights committee  First of all, I should preface my remarks by saying that most countries on Earth don't have a state immunity act. To the extent that countries apply customary international law and follow the normative hierarchy of peremptory norms and norms of international law, in theory all co

Subcommittee on International Human Rights committee  The minority of states on the planet, and ironically, they have common-law traditions, have legislation in place for a state immunity act. So the answer to your question would be that the United States is the only one with a state immunity act with legislated exceptions. But agai

Subcommittee on International Human Rights committee  Do you want to answer first, and I'll follow up?

Subcommittee on International Human Rights committee  I would only add, to be brief, that I understood your question to be largely about enforcement. Enforcement is tricky, even in commercial cases. Even in normal, ordinary cases, it's always a challenge. That being said, enforcement need not be a matter of consent. Iran, for instan

Subcommittee on International Human Rights committee  I've written on this topic. I would direct members to the bibliography I provided at the end of the documents I circulated. Under “Book and Book Chapters”, the third entry is “Civil remedies for terrorism”. It's a chapter I wrote precisely on the previous incarnation of terrorism

Subcommittee on International Human Rights committee  The answer is simple, yes, absolutely. Rape is recognized as a war instrument. In times of conflict, it's a war crime. At other times, it's a crime against humanity, especially when rape is used systematically and on a large scale. I had the opportunity to take part, with an orga

Subcommittee on International Human Rights committee  Certainly, that is what the committee against torture, a United Nations agency created under the convention, concluded. All of the 180 or so countries that signed the convention against torture—it is one of the most widely ratified conventions in the world—have conferred on the c

Subcommittee on International Human Rights committee  I will take the first stab at answering and let David chime in when he is ready. With regard to the Stephan Hachemi situation, this bill would be helpful. But as you may know, the Quebec Superior Court recognized that Stephan already had grounds to sue and that there was no immu

Subcommittee on International Human Rights committee  Distinguished members of the committee, I thank you warmly for inviting me to appear before you on the study into the implications of the State Immunity Act and Bill C-483, An Act to amend the State Immunity Act (genocide, crimes against humanity, war crimes or torture). I know t