Archivo de Etiquetas: Article

A Tale of Two Closures: Comments on the Palmer Report Concerning the May 2010 Flotilla IncidentTamar Feldman is an attorney and director of the Legal Department at Gisha – Legal Center for Freedom of Movement. She would like to convey her deepest gratitude to Sari Bashi and Yoni Eshpar for …

Clarifying the Principle of Complementarity: the ICC Confirms Admissibility of Case Despite Investigation by KenyaChris Stephen is an associate at Volterra Fietta practising public international law. He previously worked as judicial assistant to Lord Hope of Craighead and Lord Mance in the House of Lords (now the UK Supreme Court). …

How to Qualify the Armed Conflict in Libya?A colleague and I are currently working on an article on the qualification or classification of armed conflicts in modern IHL. The ongoing developments in Libya bring out a specific difficulty in the process of qualification which we see as problems of state …

Al-Skeini and Al-Jedda in StrasbourgI’ve posted on SSRN an article which will be published in the EJIL next year on Al-Skeini and Al-Jedda before the European Court of Human Rights. The pre-print draft will be available on SSRN until the article comes out in the Journal. The abstract is below, …

Darryl Robinson on Self-Referrals: Is the International Criminal Court Really a Court of Last Resort?The Journal of International Criminal Justice has recently published a very interesting article by Darryl Robinson titled “The Controversy over Territorial State Referrals and Reflections on ICL Discourse“. In the article, Darryl takes issue with those who …

Can Libya Sue the UK on Recognition of the National Transitional Council?Earlier this week, the UK Foreign Secretary, William Hague announced that the UK now recognises the Libyan National Transitional Council (the rebels fighting Colonel Gaddafi’s forces) as the sole governmental authority in Libya. This was an implementation of the decision …

The African Union takes on the ICC Again: Are African States Really Turning from the ICC?In the latest summit meeting of the African Union (AU) held in Malabo, Equitorial Guinea, the AU Assembly of Heads of States and Governments has reiterated its opposition to a number of prosecutions at the International …

ICJ Permits Greece to Intervene in Germany v. Italy Immunity caseOn the 4th of July, the International Court of Justice (ICJ) decided that Greece can intervene in the Jurisdictional Immunities of the State case (Germany v. Italy). The case concerns a claim by Germany that Italian courts have failed to respect …

An Overview of Disobeying the Security Council I. Introduction Disobedience of an illegal or unjust command has long been a source of inspiration and scholarly excitement for lawyers, philosophers, and even dramatists, among many others. One of the best known tragedies of Sophocles, Antigone, sees the heroine defy the edict …

Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution?I intended to write a post explaining why International Monetary Fund (IMF) Managing Director, Dominique Strauss-Kahn (DSK), does not have immunity under the applicable treaties dealing with the immunity of the IMF and its employees. However, Chimene Keitner has beaten me to …

Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution? I intended to write a post explaining why International Monetary Fund (IMF) Managing Director, Dominique Strauss-Kahn (DSK), does not have immunity under the applicable treaties dealing with the immunity of the IMF and its employees. However, Chimene Keitner has beaten me …

Waiting for Godot: An Analysis of the ICJ Kosovo Advisory OpinionDov Jacobs and Yannick Radi are both postdoctoral researchers at the Amsterdam Center of International Law, University of AmsterdamNearly two years after the United Nations General Assembly (UNGA) submitted a request to the International Court of Justice (ICJ) in relation …