State Department cable concerning the 2002 International Bar association meeting where the topic of discussion "range from International terrorism, Intellectual property, human rights and civil liberties". It is also mentioned that South African President Zuma spoke. The South African Judge Richard Goldstone stated that the "Geneva Convention have clearly been violated by the U.S." as it pertains to the Guantanamo detainees.
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P 281404Z OCT 02
FM AMCONSUL DURBAN
TO SECSTATE WASHDC PRIORITY 0184
INFO AMEMBASSY PRETORIA
SOUTHERN AFRICAN DEVELOPMENT
UNCLAS SECTION 01 OF 02 DURBAN 0115
STATE FOR AP/S, ALSO FOR AF/PD
PRETORIA FOR POL, PAS
E.O. 12958: N/A
TAGS: PGOV, ECON, KDEM, PINR, SOCI, SF
SUBJECT: 2002 INTERNATIONAL BAR ASSOCIATION ANNUAL
CONFERENCE, OCT, 29-25 IN DURBAN
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1. SUMMARY: THE INTERNATIONAL BAR ASSOCIATION (IBA)
HELD ITS ANNUAL CONFERENCE IN DURBAN FROM OCTOBER 19 TO 25,
2002. THIS WAS THE IBAQS FIRST MAJOR CONFERENCE IN AFRICA
AND IT COVERED A BROAD RANGE OF TOPICS FROM TERRORISM AND
INTELLECTUAL PROPERTY RIGHTS TO HUMAN RIGHTS..
THIS YEARQS
CONFERENCE FOCUSED ON TERRORISM AND THE STATEQS DUTY TO BALANCE
LEGITIMATE SECURITY NEEDS WITH CIVIL LIBERTIES. PAO MET WITH
TWO KEY U.S. PARTICIPANTS AT THE IBA CONFERENCE FROM THE
AMERICAN BAR ASSOCIATION (ABA). THEY WERE IMPRESSED WITH
DURBAN'S ORGANIZATION OF THE EVENT BUT DID EXPRESS THEIR •
SURPRISE THAT NO AMERICAN WAS INVITED TO BE ON THE TASK FORCE
PANEL DEALING WITH 9/11 AND TERRORISM ISSUES. NOTED
INTERNATIONAL JURIST RICHARD GOLDSTONE, DURING ONE OF HIS
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PRESENTATIONS, CASTIGATED THE USG FOR ITS SINGLE-MINDED AND
SELECTIVE APPROACH REGARDING MEMBERSHIP IN INTERNATIONAL
ORGANIZATIONS. HE ALSO WAS QUOTED IN THE LOCAL PRESS AS
DECLARING "...HUNDREDS OF PRISONERS OF WAR (WERE) TAKEN FROM
AFGHANISTAN AND HELD BY THE U.S. WITHOUT TRIAL IN GUANTANAMO
BAY. THEIR RIGHTS UNDER THE GENEVA CONVENTION HAVE CLEARLY
BEEN VIOLATED BY THE U.S." END UMMARY
2. SOUTH AFRICAQS DEPUTY PRESIDENT JACOB ZUMA DELIVERED THIS
YEARQS OPENING ADDRESS TO A REPORTED 4,000 PARTICIPANTS
(OF WHICH AN ESTIMATED 900 WERE AFRICAN) FROM SOME 160
COUNTRIES. HE CALLED ON THEM TO DEBATE ISSUES AFFECTING THE
INTERNATIONAL COMMUNITY, ESPECIALLY THOSE RELATING TO PEACE
AND STABILITY. ZUMA TOLD HIS AUDIENCE THAT "THE TRAGIC AND
HORRIFIC EVENTS OF SEPTEMBER 11 USHERED IN A NEW WAY OF DEALING
WITH CONFLICTS IN THE WORLD, A NEW ORDER WHICH AT TIMES APPEARS
TO UNDERMINE THE INTERNATIONAL RULE OF LAW AND INTERNATIONAL
INSTITUTIONS". HE SAID PEOPLE LOOKED TO THE LEGAL FRATERNITY
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TO PREVENT THE WORLD BECOMING A JUNGLE. "SMALL, POWERLESS
NATION STATES NEED TO BE ABLE TO FEEL PROTECTED THROUGH
INTERNATIONAL LAW, NORMS AND TRADITIONS AGAINST THE ACTIONS
OF POWERFUL STATES. THE SECURITY OF PEOPLE MUST BE THE SAME
REGARDLESS OF THE SIZE, STRENGTH AND THE LEVEL OF THEIR
DEVELOPMENT, "WE APPEAL TO YOU NOT TO SHY AWAY FROM SUCH
DEBATES, ESPECIALLY GIVEN THE INTERNATIONAL INFLUENCE AND
CALIBER OF THE IBA. IT IS IMPORTANT THAT ALL THOSE WHO
RESPECT THE RULE OF LAW SPEAK OUT AND AIR ALTERNATIVE VIEWS
AGAINST PRACTICES THAT THREATEN WORLD STABILITY AND THE
INTERNATIONAL DEMOCRATIC ORDER."
3.
ZUMA ALSO REMINDED HIS AUDIENCE THAT THE SUCCESS OF THE
AFRICAN UNION (AU), CREATED IN DURBAN EARLIER THIS YEAR AND
THAT SOUTH AFRICA CHAIRS, TOGETHER WITH ITS PROGRAMS, SUCH AS
THE NEW PARTNERSHIP FOR AFRICA'S DEVELOPMENT, ARE NOT SOLELY
DEPENDENT ON THE GOVERNMENTS OF THE MEMBER STATES, BUT ALSO ON
ORGANIZATIONS SUCH AS THE IBA AND ITS CONSTITUENTS IN THESE
STATES. THIS MESSAGE WAS NOT LOST ON THE LARGE NUMBER OF
AFRICAN PARTICIPANTS.
4.
DURING ONE OF THE PANEL PRESENTATIONS OF THE CONFERENCE
ITSELF, NOTED INTERNATIONAL JURIST AND SOUTH AFRICAN
CONSTITUTIONAL COURT JUDGE RICHARD GOLDSTONE CONDEMNED THE USG
FOR "PICKING AND CHOOSING" WHICH INTERNATIONAL AGREEMENTS TO
ADHERE TO, WHILE EXPECTING THE REST OF THE WORLD TO STICK BY
THEM ALL. GOLDSTONE TOLD THE IBA CONFERENCE THAT THERE WERE
MANY POSITIVE DEVELOPMENTS IN INTERNATIONAL CRIMINAL LAW OVER
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THE PAST TEN YEARS, INCLUDING WAR TRIBUNALS IN THE FORMER YUGOSLAVIA (ICTY) AND RWANDA (ICTR). HOWEVER HE SAID HE FEARED THAT SEPTEMBER 11 COULD MARK A DECADE OF "REVERSE AND
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REGRESSION". REFERRING TO THE U.S. GOLDSTONE SAID,
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INFO AMEMBASSY PRETORIA PRIORITY
SOUTHERN AFRICAN DEVELOPMENT
UNCLAS SECTION 02 OF 02 DURBAN 0115
STATE FOR AF/S, ALSO FOR AF/PD
PRETORIA FOR POL, PAS
E.O. 12958: N/A TAGS: PGOV, ECON, KDEM, PINR, SOCI, SF SUBJECT: 2002 INTERNATIONAL BAR ASSOCIATION ANNUAL
CONFERENCE, OCT, 29-25 IN DURBAN
"THERE ARE HUNDREDS OF PRISONERS OF WAR TAKEN FROM AFGHANISTAN
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AND HELD BY THE U.S. WITHOUT TRIAL IN GUANTANAMO BAY. THEIR
RIGHTS UNDER THE GENEVA CONVENTION HAVE CLEARLY BEEN VIOLATED BY
THE U.S."
HE ALSO WARNED AGAINST WHAT HE TERMED AS "ANOTHER
IRRATIONAL BELIEF" BY THE U.S. THAT THE INTERNATIONAL CRIMINAL
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COURT WOULD ABUSE ITS POWER AGAINST THE U.S. HIS RATIONAL .
BEING THAT THERE WOULD BE NO SUPPORT FOR THE CRIMINAL COURT IF
IT WERE PERCEIVED AS "UNPROFESSIONAL AND DISHONEST".
5. PAO OFFICER HOSTED AMERICAN ATTENDEES ROBERT STEIN, IMMEDIATE
PAST PRESIDENT OF THE AMERICAN BAR ASSOCIATION, AND ROBERT
HIRSHON, CURRENT CEO, AS WELL AS TWO DISTINGUISHED DURBAN
ATTORNEYS, AT A LUNCHEON, IN THE COMPANY OF FCO. THE ABA
LAWYERS WERE IMPRESSED WITH DURBAN'S ORGANIZATION OF THE EVENT
BUT DON THE TASK FORCE PANEL DEALING WITH 9/11 AND TERRORISM.
FURTHER ADDED THAT THERE WERE MANY WESTERN LAWYERS WHO EXPRESSED DISMAY OVER ZIMBABWEQS LAND POLICY, BUT THAT ESPECIALLY THE NUMEROUS AFRICAN LAWYERS IN ATTENDANCE DID NOT UNIFORMLY SHARE THOSE ATTITUDES. THE) 'CONSUL GENERAL TOLD US ON OCTOBER B6 25 THAT HE WAS ALSO SURPRISED THAT IBA CONFERENCE ORGANIZERS DID NOT INCLUDE LOCALLY-BASED DIPLOMATS IN ANY OF ITS EVENTS.
6. WHILE THIS YEAR'S CONFERENCE WAS VIEWED AS A SUCCESS BY BOTH
PARTICIPANTS AND LOCAL OBSERVERS, ITS IMPACT BEYOND THE CONFEREES
IS DIFFICULT TO DETERMINE. NEVERTHELESS, THERE IS NO DOUBT ABOUT
THE ENTHUSIASM AMONG THE CONFEREES ABOUT NEXT YEAR'S COMNFERENCE
SLATED FOR SAN FRANSISCO.
THURSTON
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