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Articles in the Hague Convention Category

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[ 16 Mar 2010 | ]
Note: Justice in Transition: The Effectiveness of Truth Commissions in Africa and Recommendations for the Kenyan Truth, Justice, and Reconciliation Commission

Jonathan Moler
19 Minn. J. Int’l L. Online 21 (2010)
Can Kenya avail itself successfully of so-called transitional justice commissions? For the past three decades these institutions (Truth and Reconciliation Commissions or “TRCs”) have been used widely in South and Central America, as well as in South Africa. Author Jonathan Moler argues that TRCs can be effective in helping to transform transitional states into stable states, which are cognizant of human rights and the rule of law.

Africa, Featured, Hague Convention, Headline, Human Rights, ICC »

[ 16 Mar 2010 | ]
The ICC as Arbiter in Kenya’s Postelectoral Violence

Abraham Korir Sing’Oei
19 Minn. J. Int’l L. Online 5 (2010)
Following the re-introduction of multipartism to Kenya in 2007, the country underwent a failed electoral process which resulted in a protracted outbreak of violence. In July of 2009 an envelope containing a list of persons suspected to be most responsible for the mayhem was transmitted to the International Criminal Court. Author Korir Sing’Oei Abraham grapples with two inter-related questions: first, is the ICC the most viable option to ensure justice for the victims? Second, how likely is the ICC to succeed in Kenya when it has yet to succeed elsewhere on the continent?

Featured, Hague Convention »

[ 24 Jan 2010 | ]
No Sirve: The Invalidity of Service of Process Abroad by Mail or Private Process Server on Parties in Mexico Under the Hague Service Convention

Charles B. Campbell
19 Minn. J. Int’l L. 107 (2010)
Service of process abroad by mail or private process server on parties in Mexico is invalid under the Hague Service Convention. The other alternative methods of service abroad listed in Article 10 of the Convention are invalid, as well. As one might say in Spanish, such alternative service no sirve—i.e., is useless— in Mexico. Accordingly, service of process abroad by United States litigants and courts on parties in Mexico should proceed through Mexico’s Central Authority in accordance with Articles 3 through 7 of the Convention.