Copyright (c) 2005 George Washington University
George Washington International Law Review
ARTICLE: SHELTER FROM THE STORM: RETHINKING DIPLOMATIC PROTECTION OF DUAL NATIONALS IN MODERN INTERNATIONAL LAW
37 Geo. Wash. Int'l L. Rev. 469
In 2003 and 2004, Canada's foreign policy establishment was rocked by the detention, torture, and, in one case, murder of Canadian citizens by foreign governments. On June 23, 2003, Iranian authorities arrested Zahra Kazemi, a fifty-four year-old photojournalist with dual Canadian-Iranian nationality, in Iran. 1 Branded a spy after photographing a local prison, Kazemi was beaten into a coma by her interrogators, 2 causing her to suffer a brain hemorrhage. 3 She died in Iran just weeks later. 4 In response to the resulting protests from Canada, Iran asserted that because Kazemi was born in Iran and remained an Iranian national under Iranian law, Canada had no business intervening in the affair. 5
Hard on the heels of the Kazemi case, at the beginning of October 2003, Canadian citizen Maher Arar returned to Canada, after being detained in a Syrian military prison for more than a year on unsupported terrorism suspicions. 6 In 2002 Arar, a dual Canadian-Syrian national, was returning to Canada, via the United States, from a holiday in Tunisia. U.S. authorities arrested Arar during his stopover in New York on suspicion of terrorist connections and deported him to Jordan. 7 He was then removed (apparently by Jordanian officials) to Syria, the country of his birth. 8 While in Syria, Syrian agents allegedly tortured Arar, 9 sparking an on-going inquiry by the Canadian government into Canada's role in Arar's deportation from the United States. 10 At least one former U.S. government official has defended ...
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