Asia-Pacific

[Kingsley Abbott (@AbbottKingsley) is the Coordinator of the International Commission of Jurists’ Global Accountability Initiative.] Whenever I meet policymakers to discuss accountability for the well-documented and widespread serious human rights violations in Myanmar, I get engaged in some version of the ‘peace vs justice’ debate: that since Myanmar has only recently emerged from a long period of military rule, perhaps we shouldn’t press too hard for accountability;...

[Priya Pillai is an international lawyer, head of the Asia Justice Coalition secretariat, and a contributing editor at Opinio Juris.] It has been three years since the forced exodus of the Rohingya from Myanmar was at its zenith, as a result of international crimes committed in Rakhine state. With close to a million individuals forced to flee to Bangladesh and other...

[Tarcisio Gazzini is Professor of international law at the University of East Anglia and visiting professor at the University of Trento and the Geneva Academy of Human Rights and Humanitarian Law.] The 2015 Indian Model Bilateral Investment Treaty (BIT) (hereinafter “Model”) contains a number of important provisions addressing the main concerns raised about investment law and may be expected not only to serve in the negotiations of BITs...

The Gambia initiated legal proceedings in the United States a few months ago against Facebook, in order to compel the company to hand over information related to its ongoing case against Myanmar, relating to the Rohingya, before the International Court of Justice.  This legal strategy is in accordance with a provision of U.S. law - §1782 of the U.S. Code, a federal statute which permits the compelling of testimony,...

[Tasha Manoranjan, Esq. is the Executive Director of People for Equality and Relief in Lanka (PEARL) and a Senior Policy Advisor at the Ontario Human Rights Commission. The views expressed here are PEARL's and do not represent the Commission's. Meruba Sivaselvachandran is a rising second-year student in the JD/MBA program at University of Toronto and a Legal Intern at PEARL.] Introduction The...

[Srinivas Burra is an Assistant Professor in the Faculty of Legal Studies at South Asian University, New Delhi; Haris Jamil is an Assistant Professor in the Faculty of Law at University of Delhi, New Delhi.] On 15 June 2020, there was a violent face-off in the Galwan valley, in the western sector of the China-India border. Soldiers from China and India scuffled at the border, which led to...

[Aparajitha Narayanan currently works as a Legal Intern for the UNIRMCT and for Global Rights Compliance, The Hague. She holds an Adv. LL.M. in Public International Law from Leiden University (2019).] Introduction As a planet we are currently going through an unfortunate phase where the global order has taken a disruptive hit. Many believe that it is perhaps impossible to recover from this pandemic-created sinkhole, since COVID-19 has...

[Eva Buzo is an Australian lawyer, and the Executive Director of Victim Advocates International. She lived in Cox’s Bazar between November 2017 and September 2019.] David Eichert’s “Concerns about the non-inclusion of sexual violence against men and boys in the Gambia v Myanmar” raises important points in relation to the characterisation of sexual violence as being a primarily female experience in the clearance operations perpetrated by the Myanmar...

There is nothing more rewarding for an academic -- at least for this academic -- than seeing a student go on to do great things. I've been fortunate to have many wonderful students over the years, but there is no one I am more proud of than Golriz Ghahraman, whom I taught at the University of Auckland long ago and...

[Mathias Holvoet works as a Legal Officer at the Federal Prosecutor’s Office of Belgium.] This post is a follow-up post on Kevin Jon Heller’s post ‘the OTP Lets Australia off the Hook’, in which he vehemently criticized the ICC’s Office of the Prosecutor’s decision not to open a preliminary examination over the situation in Nauru and Manus Island, after denying to qualify...

This post looks at some of the issues and lessons that will impact the new prosecutor, emanating from the few situations related to Asia – a region that is often overlooked in the context of international justice. Other posts in our symposium have gone into details of the prosecutor’s position, responsibilities and qualifications. In this, I take a step back from the minutiae, and look at...

[Jennifer Trahan is a Professor at the NYU Center for Global Affairs.] On March 5, 2020, the International Criminal Court’s Appeals Chamber issued an extremely significant ruling authorizing the opening of the Afghanistan investigation.  The decision is important in that it confirms the Prosecutor’s discretion in evaluating whether or not to proceed “in the interests of justice” under Article 53(1)(c) of the Rome Statute, thereby allowing the Afghanistan...