Archivo de Etiquetas: EJIL

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). …

The Palmer Report on the Mavi Marmara Incident and the Legality of Israel’s Blockade of the Gaza StripOverall, the Palmer Report is of high quality and merits close attention. I would strongly urge those interested to read, at the least, the very concise summary of its findings at pages 1-6, …

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, …

President Obama Creates US Atrocities Prevention BoardEarlier this month, US President Barrack Obama directed the National Security Advisor to create an Atrocities Prevention Board which will be tasked with co-ordinating the US government’s policies on the prevention of mass atrocities and genocide. In addition, the President also launced a US interagency …

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 …

The International Tribunal for the Law of the Sea Gets BusierLast summer, I wrote a piece on this blog noting that the International Tribunal for the Law of the Sea (ITLOS), which had been underutilised for some years, was finally getting some substative cases to decide. Although ITLOS had decided a number of cases …

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 …

The Newly Independent State of South Sudan – Should We Rethink the Right to Secession? It would be remiss of us not to note the birth of South Sudan as the world’s newest State. South Sudan gained independence from the Republic of Sudan last Saturday (9 July) and was admitted to the …

The development on the international human rights framework on sexual orientation and gender identity Allehone Mulugeta Abebe is an Ethiopian diplomat based in Geneva, Switzerland. He serves as a co-chair of the Technical Advisory Group of the Global Commission on HIV/AIDS and Law.  Opinions expressed in this piece do not …

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 …

Was the Killing of Osama bin Laden Lawful?Yes. I wouldn’t say beyond any doubt, but for practical purposes very nearly so. As I’ve argued before, there are three bodies of law (potentially) relevant for assessing the legality of a targeted killing: the jus ad bellum, IHL, and human rights law.As …