Archivo de Etiquetas: EJIL

The Difference between Rhetoric and Reality: Why an Illegitimate Regime May Still be a Government in the Eyes of International LawStefan Talmon is Professor of Public International Law at the University of Oxford.The current situation in Libya provides a good example of grand political rhetoric meeting legal reality. Over the …

Security Council Adopts Resolution 1970 (2011) with respect to LybiaYesterday the UN Security Council unanimously adopted Resolution 1970, whereby it (1) imposed an arms embargo on Lybia; (2) imposed targeted sanctions, including travel bans and asset freezes, on high-level persons in the Lybian regime; (3) and referred the situation in …

Kenya’s ICC Deferral Request and the proposed amendment to article 16 of the Rome StatuteEditor’s Note:  The authors have recently launched a blog focussing primarily on issues of international criminal justice from an African perspective. See http://warandlaw.blogspot.comAccording to media reports , the Kenyan government is redoubling its misguided efforts to persuade …

Mauritius v. United Kingdom: Submission of the dispute on the Marine Protected Area around the Chagos Archipelago to arbitrationIrini Papanicolopulu is Marie Curie Fellow, Faculty of Law, University of Oxford and a Senior Researcher in international law at the University of Milano-Bicocca (on leave).On 20 December 2010, Mauritius initiated proceedings against …

Kenyan ICC Cases a Good Test of an ICC Founding PrincipleMax Du Plessis is associate professor at the University of KwaZulu-Natal and Senior Research Associate at the International Crimes in Africa Programme of the Institute for Security Studies. Chris Gevers is a lecturer at the Faculty of Law at the University …

ICC Assembly of States Parties Discusses Possible Amendments to ICC Statute.Last week the Assembly of States Parties (ASP) to the ICC held its Ninth Session in New York. One of the issues on the agenda of the 9th ASP was discussion of amendments to the ICC Statute. Some States had …

Proposed Amendments to UK’s Universal Jurisdiction LawsSome months ago we noted that the UK’s coalition government was planning to introduce legislation that would restrict the application of universal jurisdiction in the UK. The government was not proposing to restrict the scope of jurisdiction of UK courts over universal jurisdiction offences but to …

ICJ Diallo Merits JudgmentToday the ICJ delivered its merits judgment in the case concerning Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo). The Court found that in carrying out the arrest, detention and expulsion of Mr. Diallo in 1995-1996, the DRC violated his fundamental rights under …

ECHR Grand Chamber to Hear Case Challenging Legality of UN Security Council SanctionsThe Grand Chamber of the European Court of Human Rights (ECHR) has been asked to decide a case which challenges the legality of national measures implementing Security Council measures taken against persons associated with the Taleban and Al …

New Judges at the European Court of Human RightsEarlier this month, the Parliamentary Assembly of the Council of Europe elected two new Judges to the European Court of Human Rights (ECHR). I am delighted to report that Linos-Alexander Sicilianos, a fellow member of the Scientific Advisory Board of the European Journal …

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 …

Is China Changing its View of International Tribunals?Last month the new Chinese Judge at the International Court of Justice (ICJ), Judge Xue Hanqin, was sworn in and took her seat on the ICJ bench. One remarkable but perhaps little known fact about Judge Hanqin is that she is the only person …