Archivo de Etiquetas: Court

Military force against Syria would be a reprisal rather than humanitarian intervention, but that doesn’t make it any more lawful Dr Shane Darcy is a lecturer at the Irish Centre for Human Rights, National University of Ireland Galway. The anticipated use of military force against Syria in reaction to the …

The 100th Anniversary of the Peace Palace Today marks the 100th anniversary of the Peace Palace, which houses the International Court of Justice in the Hague. The Peace Palace also houses the Permanent Court of Arbitration (PCA), the Hague Academy of International Law and the Peace Palace Library. The idea …

Can the ICC Prosecute for Use of Chemical Weapons in Syria? Recent reports regarding the possible use of chemical weapons in Syria are very disturbing indeed. If it turns out that there is concrete evidence that chemical weapons have been used, many will hope this will (finally) provoke action by the …

Can the ICC Prosecute for Use of Chemical Weapons in Syria? Recent reports regarding the possible use of chemical weapons in Syria are very disturbing indeed. If it turns out that there is concrete evidence that chemical weapons have been used, many will hope this will (finally) provoke action by the …

Democratic Statehood in International Law In the book Democratic Statehood in International Law, I develop an argument that state creation is a political process of overcoming a competing claim to territorial integrity. The emergence of a new state is not an automatic or factual occurrence upon meeting the statehood criteria. …

The Security Council and the ICC The University of California Irvine Law School’s International Justice Clinic recently issued an important report examining the relationship between the UN Security Council and the International Criminal Court.   The report, authored by UCI Irvine Prof David Kaye, is the culmination of a project on the Council and the Court run …

UK Supreme Court Decides Smith (No. 2) v. The Ministry of Defence Last week the UK Supreme Court delivered its judgment in Smith (No. 2) v. The Ministy of Defence (judgment; BBC News report). This is a follow-up to the Smith (No. 1) case decided three years ago, with a …

Iran’s (Non-)Compliance with its Non-Proliferation Obligations Revisited A recent statement issued by the EU entitled ‘Common messages regarding EU sanctions against the Iranian nuclear programme’, posted on the websites of various EU embassies in Tehran (and translated into Farsi), attempts to sum up the reasons which have allegedly justified not …

Human Rights: Member State, EU and ECHR Levels of Protection Article 53 of the Charter of Fundamental Rights of the European Union caused, already at its inception, a hermeneutical conundrum: Nothing in the Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognized, in …

Court between A Rock and a Hard Place: Comoros Refers Israel’s Raid on Gaza Flotilla to the ICC Comoros has referred the action of Israeli troops in boarding the flotilla headed to Gaza on 31 May 2010 to the International Criminal Court. The ICC Prosecutor has announced that she is …

Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica) The Court rules on the counter-claims submitted by Nicaragua: it finds that the first claim is without object, that the …

Does Use of Chemical Weapons Justify Intervention in Syria? Over the last few days, various media outlets have reported that the US, UK and other countries believe that the Syrian government has used chemical weapons in the Syrian conflict (see BBC report). Apparently, there is not yet conclusive evidence of this …