sábado, abril 20, 2024

Archivo de Etiquetas: UN Court

The ICJ and Evolutionary Treaty Interpretation

The ICJ and Evolutionary Treaty Interpretation On Monday, the ICJ delivered its judgment in the Costa Rica v. Nicaragua case, concerning navigational and related rights on the river San Juan (Registry summary; judgment). The case itself is not terribly important in the grand scheme of things, but upon reading the …

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ICC Issues Arrest Warrant for Bashir, but Rejects the Genocide Charge

ICC Issues Arrest Warrant for Bashir, but Rejects the Genocide Charge (Updated) Today the International Criminal Court issues an arrest warrant for Omar al Bashir, the serving President of Sudan, for crimes against humanity and war crimes in Darfur. (The decision is now available here). The news were expected after …

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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 …

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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 …

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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 …

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One step forward, two steps backward: The ICJ interprets Mexico’s Request for Interpretation of Avena and other Mexican Nationals

One step forward, two steps backward: The ICJ interprets Mexico’s Request for Interpretation of Avena and other Mexican Nationals On 19 January 2009, the International Court of Justice formally declined to interpret its judgment in the Case of Avena and Certain Other Mexican Nationals (Avena), which dealt, as did its …

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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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Immunity and International Criminal Tribunals

Immunity and International Criminal Tribunals Earlier this week, the Trial Chamber at International Criminal Tribunal for the Former Yugoslavia (ICTY) hearing the case against Radovan Karadzic issued a decision in which it stated that “According to customary international law, there are some acts for which immunity from prosecution cannot be …

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Press Release 2008/34

Press Release 2008/34 NEW Request for an advisory opinion by the United Nations General Assembly (A/RES/63/3) – The General Assembly of the United Nations requests an advisory opinion from the Court on the unilateral declaration of independence of Kosovo (71 Kb)Read more … [via International Court of Justice, The Hague, …

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The Israeli Supreme Court denies the occupied Palestinian population the right to leave their country

The Israeli Supreme Court denies the occupied Palestinian population the right to leave their country In another worrying judgment generated by the Israeli HCJ, the Court upholds that the occupying power can restrict the basic human right to leave one’s country and the freedom of movement (Article 12 of the …

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