Archivo de Etiquetas: criminal law

Election Rules for ICC Judges: A Balanced Bench Through Quasi-Quotas At its 16th session starting today (Monday 4 December) in New York, the ICC Assembly of States Parties (ASP) will proceed to elect six new judges for the Court. In doing so, the ASP will follow a special procedure that …

Ukraine v Russia (Provisional Measures): State ‘Terrorism’ and IHL   On 16 January 2017, Ukraine filed an Application against Russia before the International Court of Justice (‘ICJ’ or ‘the Court’), founding the Court’s jurisdiction (in part) on the compromissory clause (Article 24) of the Terrorism Financing Convention (‘ICSFT’). On the …

The Origins and Fall of Treaty Supremacy and Its Significance by Thomas Lee [Thomas Lee is the Leitner Family Professor of International Law and the Director of Graduate and International Studies at Fordham Law School. This is the fifth post in our symposium this week on treaty supremacy.] Imagine Congress passes, …

Transnational Law and Justice Network Call for Papers: Transnational Criminal Law in the Americas May 4-5, 2017 Transnational organized crime is a major threat to international security. This has been recognized by the United Nations Report of the High-level Panel on Threats, Challenges and Change. One country’s success in limiting …

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 …

ICC Assembly of States Parties Urged to Decide on Status of Palestine. In April of this year, the Prosecutor of the International Criminal Court indicated, in an official statement, that he was not competent to decide whether Palestine is a State such that it can accept the jurisdiction of the ICC under Article 12(3) of the ICC …

Diplomatic Asylum for Julian Assange? Professor Kai Ambos is Chair of Criminal Law, Criminal Procedure, Comparative Law and International Criminal Law at the Georg-August-Universität Göttingen, Germany (since May 2003) and Judge at the Provincial Court (Landgericht) of Lower Saxony in Göttingen Julian Assange’s medal-worthy self-staging as a militant for worldwide freedom …

A case of negative regional complementarity? Giving the African Court of Justice and Human Rights Jurisdiction over International Crimes Max du Plessis, Visiting Fellow at the Oxford Institute for Ethics, Law and Armed Conflict.  He is an Associate Professor, University of KwaZulu-Natal, Durban; Senior Research Associate, International Crime in Africa Programme, …

Symposium on ExtraTerritorial Jurisdiction One of the topics that will be taught in any basic course on public international law is “Jurisdiction”. By this is meant the jurisdiction of States and as Rosalyn Higgins explains in her book Problems and Process: International Law and How We Use It, questions of …

  INTERNATIONAL COURT OF JUSTICE CASE CONCERNING AVENA AND OTHER MEXICAN NATIONALS (MEXICO v. UNITED STATES OF AMERICA) REQUEST FOR THE INDICATION OF PROVISIONAL MEASURES ORDER OF 5 FEBRUARY 2003   Present: President GUILLAUME; Vice-President SHI; Judges ODA, RANJEVA, HERCZEGH, FLEISCHHAUER, KOROMA, VF.RESII- CHETIN, HIGGINS, PARRA-ARANGUREN, KOOIJMANS, REZEK, AL- KHASAWNEH, …

The Nuremberg Military Tribunals and the Origins of International Criminal Law I am deeply grateful to both my co-bloggers at Opinio Juris and the editors of EJIL: Talk! – particularly my friends Marko Milanovic and Dapo Akande – for this remarkable opportunity to discuss my new book.  I look forward …