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Digest of United States Practice in International Law 2010
Digest of United States Practice in International Law 2010
Population
Salahi, Democratic People's Republic of Korea, ...
The 2010 Digest provides a historical record of developments that took place during calendar year 2010, illustrating how the United States put our strategic vision of international law into practice. That concept rests on the principle that obeying international law promotes U.S. foreign policy interests and strengthens our international leadership. The United States' active participation in international tribunals and other international bodies formed an important part of our practice in 2010. Over the year, the United States continued to engage with the International Criminal Court while maintaining its active support for other international tribunals. The United States' active engagement with the Court and the parties to the Rome Statute has enabled us to help shape the direction of the Court to ensure that it fulfills its important mandate to bring to justice the perpetrators of mass atrocities. In the area of the law of armed conflict, the United States continued to place priority on ensuring that its detention operations, detainee prosecutions, and operations involving the use of force-including those in the armed conflict with al-Qaeda, the Taliban, and associated forces-are consistent with all applicable law, including international law. In January 2010, an interagency task force established by President Obama completed a comprehensive review of the status of all of the individuals detained at Guantanamo Bay when President Obama assumed office and made consensus determinations about the disposition of each detainee's case consistent with national security, the interests of justice, and the U.S. longstanding policy not to transfer any individual to a country where it is more likely than not he would be tortured. In habeas litigation brought by Guantanamo detainees in U.S. federal court, the United States continued to assert the 2001 statutory Authorization for Use of Military Force ("AUMF") as the basis for the President's detention authority and to make clear that the laws of war would inform the executive branch's interpretation of the AUMF. With respect to detention operations in Afghanistan, the United States continued its rigorous implementation of detainee review procedures established in 2009. Negotiating, joining, and implementing treaties remained another important aspect of U.S. efforts to promote international law in 2010. The Senate provided its advice and consent to ratification of the New START Treaty, which entered into force earlier this year and represented a landmark contribution to the global arms control and nonproliferation regime. In the family law area, the Senate provided its advice and consent to ratification of the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance, and the United States signed the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children. The Senate also provided its advice and consent to ratification of two treaties concerning defense trade cooperation with Australia and the United Kingdom. The United States also signed many treaties and agreements, including two new treaties relating to aviation security, the 2010 Beijing Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation and the 2010 Beijing Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft, and air transport agreements with the European Union and its Member States and with Japan. U.S. treaty implementation efforts spanned numerous areas, including human rights and consular relations. In December 2010, the United States played a key role in negotiating UN Security Council Resolution 1966, which established an institution known as the residual mechanism to handle the essential functions remaining when the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda conclude their work, including the prosecution of fugitives indicted by the tribunals who remain at large after the two tribunals cease functioning. The Supreme Court issued several noteworthy decisions in 2010 on issues arising in our increasingly globalized world. In Abbott v. Abbott , the Court held that "rights of custody" under the Hague Convention on International Child Abduction include a ne exeat right, which is a parent's right to consent before the other parent removes a child from a country. In the area of foreign sovereign and official immunity, the Court held in Samantar v. Yousuf that the Foreign Sovereign Immunity Act does not govern immunity for foreign officials, making clear that the immunity of individual foreign officials should be determined under the common law instead, and the important role of the executive branch in such determinations.
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Foreign Affairs Manual (3 FAM) 3 FAM 1500 Equal Employment Opportunity, sections 1510-1590
Foreign Affairs Manual (3 FAM) 3 FAM 1500 Equal Employment Opportunity, sections 1510-1590
Other
data collection, affirmative action, ...
The Foreign Service Act of 1980 mandated a comprehensive revision to the operation of the Department of State and the personnel assigned to the US Foreign Service. As the statutory authority, the Foreign Affairs Manual (FAM), details the Department of State's regulations and policies on its structure and operations. Currently, there are over 25,000 pages of policies and procedures published in 16 volumes of the FAM and 38 corresponding sections of the Foreign Affairs Handbook (FAH). Refer to 3 FAH 1500 "Equal Employment Opportunity" for additional relevant information. The FAM and FAH are revised accordingly as changes in the organization occur. 3 FAM 1500 contains documentation of the following administrative components: - 1510 EEO-General - 1520 Non-Discrimination on the Basis of Race, Color, National Origin, Sex, or Religion - 1530 Non-Discrimination on the Basis of Age - 1540 Non-Discrimination on the Basis of Disability - 1550 Freedom from Retaliation / Reprisal and Complaints of Reprisal - 1560 Processing Mixed Case Complaints - 1570 Class Complaints of Discrimination - 1580 Minority Group Statistics - 1590 EEO Grievances
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