Conclusion of the eighth session of the Assembly of States Parties to the Rome Statute The Assembly of States Parties to the Rome Statute concluded its eighth session on 26 November 2009. Among the more important results of the Assembly was the decision that the much anticipated review conference is …
Leer »The Honduran Crisis and the Turn to Constitutional Legitimism, Part I: The Place of Domestic Constitutional Orders in the International Legal Framework
The Honduran Crisis and the Turn to Constitutional Legitimism, Part I: The Place of Domestic Constitutional Orders in the International Legal Framework Who is the current President of Honduras? Far from the stuff of quiz shows, this question bears on the very foundations of international law. The international reaction to …
Leer »Sixty Years of the Geneva Conventions
Sixty Years of the Geneva Conventions On 12 August 1949 the four Geneva Convention were opened for signature. They, as we know, form the bedrock of what came to be known as international humanitarian law. They are also, to my knowledge, the first treaties ever that have become truly universal, …
Leer »Afghanistan accedes to Additional Protocols to Geneva Conventions: Will AP II govern the conflict in Afghanistan?
Afghanistan accedes to Additional Protocols to Geneva Conventions: Will AP II govern the conflict in Afghanistan? Last week (June 24) Afghanistan acceded to Additional Protocols I & II to the Geneva Conventions. These treaties continue to inch towards univeral participation as there are 169 States parties to AP I and …
Leer »Inter-American Human Rights Commission: Colombia, Cuba, Venezuela and Haiti with severe human rights problems
Inter-American Human Rights Commission: Colombia, Cuba, Venezuela and Haiti with severe human rights problems According to the Annual Report 2008 of the Inter-American Commission of Human Rights, Colombia, Cuba, Venezuela and Haiti continue to have serious human rights problems (see here for the report). The Commission’s Report, which was presented …
Leer »The Security Council and Human Rights: What is the role of Art. 103 of the Charter?
The Security Council and Human Rights: What is the role of Art. 103 of the Charter? At last week’s ASIL meeting there was a panel on whether the United Nations Security Council is bound by human rights law. The panelists (Vera Gowlland-Debbas, Graduate Institute of International and Development Studies, Linos-Alexander …
Leer »Domestic Enforcement of Decisions of International Tribunals
Domestic Enforcement of Decisions of International Tribunals I am at the American Society of International Law’s Annual Meeting and attended a panel on the domestic enforcement of decisions of international tribunals. The panelists, which included distinguished presenters Professors Lori Fisler Damrosch of Columbia University and Andreas Paulus of Gottingen, spoke …
Leer »Would the addition of a Genocide Charge to the Bashir Arrest Warrant Change the Position on Immunity?
Would the addition of a Genocide Charge to the Bashir Arrest Warrant Change the Position on Immunity? The Pre-Trial Chamber of the ICC issued an arrest warrant for Sudanese President Omar Bashir only with respect to war crimes and crimes against humanity and rejected the Prosecutor’s request for a charge …
Leer »Distinctions between the Legal Position of ICC Parties and Non-Parties Regarding Aggression
Distinctions between the Legal Position of ICC Parties and Non-Parties Regarding Aggression The International Criminal Court (ICC) recently released the latest report of the Special Working Group (of the Assembly of States Parties) on the Crime of Aggression. Art. 5 of the ICC Statute includes the crime of aggression as one of the crimes within …
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 »Recent Developments at the International Court of Justice
Recent Developments at the International Court of Justice Speedy Despatch of Business at the Court? In addition to new judges taking up office, and the election of the President and the Vice President (which Marko points out in his post), the Court has also elected a Chamber of Summary Procedure …
Leer »The Two Faces of the Genocide Convention
The Two Faces of the Genocide Convention In keeping with Christmas spirit, here’s my next post on the Genocide Convention. Can a state be responsible for genocide? What does that even mean? Aren’t international crimes, in the sage words of the Nuremberg Tribunal, committed by men, not by abstract entities? …
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