Archivo de Etiquetas: International

Is Libya Under an Obligation to Surrender Saif Gaddafi to the ICC? (Part II) Has the UN Security Council Imposed Different Obligations of Cooperation from the Rome Statute? In a previous post, I dealt with the question whether Libya has an obligation to surrender Saif Al Islam Gaddafi pending any …

Is Libya Under an Obligation to Surrender Saif Gaddafi to the ICC? Part I (What Does the Rome Statute Say?) Since the capture of Saif Al Islam Gaddafi last week there have been questions asked about whether he ought to be tried in Libya or by the International Court Criminal …

General Assembly and Security Council Elect Four Judges to the ICJ But Fail to Agree On Fifth Judge. What Happens Next? Last week the United Nations General Assembly and Security Council conducted  elections to elect judges to the International Court of Justice (ICJ) (see UN Press Releases here and here). Under …

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 …

Bin Laden Sons Say U.S. Broke International LawThe adult sons of Osama bin Laden have lashed out at President Obama over their father’s death, accusing the United States of violating legal principles.By SCOTT SHANEWASHINGTON — The adult sons of Osama bin Laden have lashed out at President Obama in their …

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 …