31 October 2010

Geneva - Heart of International Arbitration and International Law

During our exploration of la Vieille Ville of Geneva a few weeks back, HWMBO and I spent a  few brief moments in the courtyard of the building known as the Hôtel-de-Ville (City Hall), where one could see different styles of architecture dating from the 16th, 17th and 18th centuries.


Also in the courtyard, we noticed a modest engraved stone indicating the location of the "Alabama Room."  The room takes its name from a series of damage claims arising in the 19th century around the CSS Alabama, one of several warships built in Great Britain that were used as commerce raiders by the Confederate States during the US Civil War to do significant damage to the US merchant marine fleet.  After the war, the Government of the United States brought a series of claims against Great Britain for direct and collateral damages, alleging that Britain's knowledge that the ships would be used by the Confederacy against the US was a violation of Britain's official position of neutrality.  Ultimately, international arbitration endorsed the US position in 1872.  To settle the disputes and ensure friendly relations, Britain ultimately paid USD 15.5 million dollars in damages to the US.


The Alabama Arbitration set historical precedent for peacefully resolving disputes between States.  As such, it was a precursor to the Hague Conventions, the League of Nations, the United Nations and the World Court.  These precedents, agreements and treaties, together with the various Geneva Conventions, form the official bases for what is now known as "public international law" or law between States and International Organizations (IOs).   The room where the arbitration was finally negotiated is thus known as the "Alabama Room" although the room itself had already gained significance.  It was previously where the very first Geneva Convention establishing the rules of humanitarian warfare -which certainly sounds like an oxymoron to me - was signed by 16 nations in 1864.

In addition to its historical significance for the world, the Hôtel-de-Ville houses Geneva canton's seven-member Conseil d'État (Council of State) and a legislature of 100 deputies so it is not simply a public monument.  But the seedbed of international law is indeed within the heart of this warm-hearted city.  It is a reminder to us all that ruthless and unwarranted warmongering will not go unpunished - even though, like the fabled Mills of God, it will take time, patience and a lot of diplomacy and negotiation for the international rules that have been broken to earn their due toll of redress for those who have been harmed.  It may take even longer for all those who have seriously transgressed to be brought to justice.  This is especially so when nations that have traditionally taken the lead in ensuring that such legal precedents be created and enforced appear to be among the more recent transgressors.

But it will - inexorably and finally - happen.

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