sábado, junio 22, 2024

Archivo de Etiquetas: Customary law

Is the Rome Statute Binding on Individuals?

Is the Rome Statute Binding on Individuals? What a positively weird question, you might think. The Rome Statute of the International Criminal Court cannot be binding on individuals. It is a treaty, to which only states can be parties, since individuals are not subjects of international law, and it is …

Leer »

Machakos Protocol (Sudan)

WHEREAS the Government of the Republic of the Sudan and the Sudan People’s Liberation Movement/Sudan People’s Liberation Army (the Parties) having met in Machakos Kenya, from 18 June 2002 through 20 July 2002 under the auspices of the IGAD Peace Process; and WHEREAS the Parties have reiterated their commitment to …

Leer »

Prosecuting pirates in national courts: US v Said and piracy under US law

Prosecuting pirates in national courts: US v Said and piracy under US law On August 17, a US District Court handed down a fascinating piece of statutory interpretation that apparently means that unless a Somali pirate succeeds in stealing something, he cannot be charged with piracy under US law. There …

Leer »

Reflections on self-determination, and the status of Kosovo in light of the Report of the Independent International Fact-Finding Mission on the Conflict in Georgia

Reflections on self-determination, and the status of Kosovo in light of the Report of the Independent International Fact-Finding Mission on the Conflict in Georgia Zoran Oklopcic is Assistant Professor, Department of Law, Carleton University, Ottawa Editor’s Note: This post is part of a series discussing the the Report of the …

Leer »

Belgium brings case against Senegal in the ICJ over Failure to Prosecute Hissene Habre

Belgium brings case against Senegal in the ICJ over Failure to Prosecute Hissene Habre Belgium has filed a case in the ICJ against Senegal (see press release) with regard to Senegal’s failure to prosecute former Chadian Head of State, Hissene Habre. This is the latest episode in the long running …

Leer »

The Tricky Question of State Succession to International Responsibility

The Tricky Question of State Succession to International Responsibility Consider the following scenario: state A commits an internationally wrongful act (say genocide) against state B, incurring responsibility for doing so and giving state B an entitlement to reparation. Before state B actually manages to obtain reparation from state A, state …

Leer »

60 Years of the Genocide Convention

60 Years of the Genocide Convention Many thanks to Dapo for inviting me to blog here at EJIL: Talk! – hopefully the blog will turn out to be as successful in the blawgosphere as the EJIL is in print. In the next couple of weeks I intend to write on …

Leer »