The aim of this article is to discuss the three defences raised by Erich Priebke for his participation in the killing of 335 civilians at the Ardeatine Caves which took place on 24 March 1944, and for which Priebke was tried by the Italian Military Tribunal which rendered its second judgement on 22 July 1997. The defences were: (1) the characterisation of the shootings at the Ardeatine Caves as lawful belligerent reprisals, (2) the defence of superior orders, and (3) duress.

This note briefly reviews certain aspects of international humanitarian law (IHL) arising from the civilian Commission of Inquiry established in Canada on 20 March 1995 to investigate the role of Canadian forces during the multinational peace operation in Somalia in 1992 and 1993.

After some background information, we focus on two key issues concerning IHL arising from the Commission's work:

(1) The applicability of IHL to a peace operation such as the Canadian deployment to Somalia; and

(2) Canada's obligation to provide IHL training to die members of its armed forces.

We conclude with some observations on die Commission's impact, including die responses of die Canadian government and die Canadian Forces.

During the Canadian mission in Somalia pursuant to resolution 794 (1992) of the Security Council, a stunning incident occurred involving some Canadian soldiers who tortured to death a sixteen-year-old unarmed Somali civilian. The victim was captured during the night of 16 March 1993 while attempting an intrusion into the camp of Belet Huen. Shidane Arone did not offer any resistance and was entrusted to chief corporal Matchee to be kept in custody in a bunker designed for this purpose. This is where the unfortunate Somali had to endure frightful ill-treatment, mainly at Matchee's hands.

Following the collapse of Somalia into a state of general anarchy after the fall of Siad Barre's regime, the UN Security Council, on 24 April 1992, adopted Resolution 751 with which, under the direction of the Secretary-General, it created the UNOSOM (United Nations Operation in Somalia) mission. The duty of UNOSOM was to supervise both the ceasefire between the fighting factions and the distribution of humanitarian aid.

When the situation worsened, the Security Council adopted Resolution 794 on 3 December 1992 under Chapter VII of the UN Charter, authorizing the creation of UNITAF (Unified Task Force) under the command of the United States. UNITAF's mandate was to create a safe environment for humanitarian aid and for reconstruction. With Resolution 814 of 16 March 1993, the Security Council entrusted the UN Secretary-General with the command of operation UNOSOM II, which took over from the international task force directed by the United States and concluded its mandate in 1994.

Germany is one of only a few countries to have prosecuted and convicted persons for international crimes related to the conflicts in the former Yugoslavia. Three trial procedures were held between 1994 and 1998. Proceedings in a fourth case were due to commence in the fall of 1998. Two defendants were convicted, and their sentences are currently under appeal on questions of law.