Summary

Description

The Office of the Legal Adviser publishes the annual Digest of United States Practice in International Law to provide the public with a historical record of the views and practice of the Government of the United States in public and private international law. In his introduction to the 2003 volume, then Legal Adviser William H. Taft IV stated in part: "The year 2003 witnessed a number of significant developments in the field of international law. The military campaign to oust Saddam Hussein and his regime in Iraq and the continuing effort to locate Osama bin Laden and his supporters gave rise to many important legal issues, including those related to the lawful use of force, the response to international terrorism, and compliance with international humanitarian law. Beyond Iraq and Afghanistan, of course, many other situations affecting international security and stability generated complicated and sensitive issues for the world community and its lawyers. . . ." "The year was also marked by a series of significant cases and decisions in domestic courts and international tribunals related to international law and practice. The International Court of Justice in The Hague handed down its decision on preliminary measures in the Avena case brought by Mexico under the Vienna Convention on Consular Relations, as well as its judgment in the Oil Platforms case (Iran v. United States). By agreement the Lockerbie case (Libya v. United States) before the ICJ was discontinued. Ongoing litigation in our domestic courts concerned fundamental issues arising under two important U.S. statutes, the Alien Tort Statute of 1789 and the 1976 Foreign Sovereign Immunities Act. Other cases began to address issues related to the status and rights of detainees in Guantanamo and the United States. Significant decisions were rendered in several cases by NAFTA tribunals.