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Table of Contents
PROLOGUE .......................................................... 674
I. THE MANILA HOSTAGE TRAGEDY: UNANSWERED QUESTIONS AND UNSERVED JUSTICE ...................... 675
A. The Calm Before the Storm .................................. 676
B. "Storming" the Bus .......................................... 677
C. Nine Lives, One Incomplete Report, and Three Forums .......... 678
D. The ICJ as the Fourth Forum? ................................ 680
II. ADJUDICATING THE HOSTAGE TRAGEDY BY THE ICJ? THE (LN)APPLICABILITY OF LEGAL STANDARDS .................. 681
A. Third-Party Dispute Settlements v. Negotiation ................. 682
B. Formal Adjudication by the ICJ v. Other Third-Party Settlements . 683
C. Re-examining the Hostage Tragedy Impasse: Why Not the ICJ? . . . 684
1. Preference for Less Public Mediods? The Necessity for "Airing Dirty Laundry" .......................................... 685
2. Retrospective or "Win-Lose" Situation? The Necessity for Breaking a Chain of Abuses ............................... 685
3. Unclear Laws: The Lack of Detailed, Robust Standards for Adjudication ............................................. 687
a. The Universal Declaration of Human Rights: Or Was It Ordinary Negligence? ................................. 687
b. International Convention Against the Taking of Hostages: A Far Less Direct Method ............................... 689
III. THE ICJ OR OTHER SETTLEMENT MECHANISMS? APPLYING FRAMEWORK TO DISPUTES ...................... 690
A. Moscow Theatre Hostage Crisis ............................... 691
B. Iran and Three American Hikers: An Unfinished Story ........... 692
EPILOGUE ........................................................... 693
Prologue
It was a hot, sunny day in late August.1 Six Hong Kong families, along with their tour guide, waited for the tour bus near Fort Santiago, Manila.2 Amy Leung wiped away the sweat from her husband Ken's face. This was the last day of the family's trip to Manila. The couple talked about how they were going to miss their son, Jason, at the moment playing with his two sisters. Jason, eighteen, had just graduated from high school in Canada and was spending the summer with his family in Hong Kong.3 This four-day trip in Manila would draw his summer vacation to a close before he headed back to Toronto for college.4 Always a nice, quiet child and a conscientious student, Jason was loved by his friends and teachers.5 But he neither expected nor desired the love, attention, and blessings that the Hong Kong people were about to shower on him.
It was an oppressively hot August day. Beads of sweat...