[Camilla G. Cooper (Ph.D.) is an Associate Professor of Operational Law at the Norwegian Defence University College. Sigrid Redse Johansen is a Judge Advocate General of the Norwegian Armed Forces. Please note that the following was written in the authors' personal capacity and is not to be considered as an official Norwegian reply to the questions posed. This post is...
[Hans Boddens Hosang is Deputy Director of Legal Affairs of the Netherlands Ministry of Defence and Senior External Researcher at the Law of Armed Conflict and Military Operations (LACMO) Research Group, Amsterdam Center for International Law at the University of Amsterdam. Terry Gill is Professor of Military Law at the University of Amsterdam & the Netherlands Defence Academy and is...
[Elvina Pothelet is a Ph.D. candidate at the University of Geneva, and a teaching assistant and researcher at the Geneva Academy of International Humanitarian Law and Human Rights.] It is tempting to think of soldier self-defense as a black hole in the galaxy of international law: in the same way as black holes grow continuously by absorbing mass from their surroundings, soldier self-defense seems...
[Nikhil Purohit is a law student at the National Law School of India University in Bangalore, India and the Chief Editor of the Indian Journal of Law and Technology.] India recently tested an Anti-satellite (ASAT) missile by shooting down one of its own satellites. In public announcements, this move was touted as necessary in boosting the defence of space assets of the country. With...
Truth commissions have been in the news of late. A truth commission in The Gambia has started its work recently. In Tunisia, the Truth and Dignity Commission has just issued a report, four years after its establishment. In countries such as Nepal and Colombia, truth commissions (or variations thereof) are mired in controversy and have severe challenges. What is clear is that truth...
I thought I was done blogging about the Pre-Trial Chamber's authorization decision, but there is another aspect of it that keeps nagging at me: the limits PTC II would have imposed on the OTP's investigation if it had authorized it. Here are the key paragraphs (emphasis mine): 40. More specifically, the precise width and breadth of the Prosecutor's power to investigate...
[Carlos Lopez is a Senior Legal Adviser at the International Commission of Jurists.] Claire Bright has nicely concluded the series of blogs in this online symposium on the legal and policy implications of the UK Supreme Court judgment on jurisdiction in Vedanta v Lungowe. It is time now to close the symposium and gratefully acknowledge the participants (Robert McCorquodale, Doug Cassel, Anil Yilmaz, Gabrielle Holly, Lucas Roorda and Claire Bright) and our...
[Claire Bright is a Max Weber Fellow at the European University Institute and a Research Fellow in Business and Human Rights at the British Institute of International and Comparative Law.] In the Vedanta case, the claimants relied on Article 4.1 (combined with Article 63) of the Brussels I Recast Regulation to establish the jurisdiction of the English courts over the parent company since Vedanta...
[Lucas Roorda is a PhD candidate at Utrecht University on jurisdiction in foreign direct liability cases in EU Member States, and a policy advisor at the Netherlands Human Rights Institute. He can be found on Twitter at @lroordalaw. This blog only represents his personal view, and not those of any institution.] This month’s seminal UK Supreme Court decision in Vedanta v. Lungowe, [2019] UKSC 20 has...
[Gabrielle Holly is a business and human rights specialist and an experienced commercial disputes practitioner with Omnia Strategy LLP, who acted for the International Commission of Jurists and the CORE Coalition in this case. You can find her on twitter at @Gabriellellell.] With the rise in power of multinational groups and the intricacies of global supply chains, the question of where a company should...
[Dov Jacobs is an Assistant Professor of International Law at Leiden University and a Legal Assistant at the ICC.] The following ideas come as a follow-up to Kevin Jon Heller’s recent post on possible appeal strategies that the OTP could consider following the decision by the PTC to not authorise the opening of a formal investigation in Afghanistan. I will therefore...
[Anil Yilmaz Vastardis is a Lecturer in Law at the Essex School of Law and Human Rights Centre. You can find her on Twitter @anil_yv.] In this post, I will focus on the implications of one of the central questions that the UK Supreme Court (‘UKSC’) addressed in its much-awaited Vedanta Resources PLC and anor v Lungowe and orsjudgment: whether the claimants’ pleaded a...