Latin & South America

[Ralph Janik teaches international law at the University of Vienna, Faculty of Law and Webster Private University Vienna. He specializes in the interplay of international law and international relations. Twitter: @RalphJanik] The crisis in Venezuela could enter a new phase. Juan Guaidó recently flirted with the idea of a US intervention on his behalf when he refrained from ruling out to...

[Carlos Arturo Villagrán Sandoval is a PhD Candidate at Melbourne Law School. His doctoral thesis considers Comparative Regional Integration with particular emphasis on Central-America. He is currently representing civil society actors in a constitutional injunction against the Presidential decision to denounce the CICIG treaty.] The CICIG is a pioneering international body, created between Guatemala and the UN, with broad reaching effects...

[Ralph Janik teaches international law at the University of Vienna, Faculty of Law and Webster Private University Vienna. He specializes in the interplay of international law and international relations.] Guaidó versus Maduro. Virtually every state has had something to say about the political stalemate in the once-third oldest democracy outside of the industrial world. We are once again witnessing a clash...

As I've noted before, the jurisdictional regime at the ICC for aggression is exceedingly narrow. In essence, the Court will have jurisdiction over an act of aggression only in the following situation: 1. The aggressor is a member of the Court, has ratified the aggression amendments, and has not opted out of the Court's jurisdiction. 2. The victim is a member of...

[Nicolás Carrillo-Santarelli is a Colombian lawyer, PhD on international law and international relations. He works as a researcher and lecturer of Public International Law at the La Sabana University, Colombia. This is Part II of a two-part post. Part I can be found here.] The extradition debate Even though there has been a non-international armed conflict in Colombia, under domestic law members of...

[Nicolás Carrillo-Santarelli is a Colombian lawyer, PhD on international law and international relations. He works as a researcher and lecturer of Public International Law at the La Sabana University, Colombia. This is Part I of a two-part post.] Introduction  In terms of international law, the region of the Americas is going through what the so-called ‘Chinese curse’ would label as interesting times -as...

Graffiti from the 36th Front of the FARC Dissidents in Briceño, Colombia, proclaims “We are Indestructible.” [Alex Diamond is a doctoral student in sociology at the University of Texas at Austin. His research focuses on the community experience of Colombia’s post-peace agreement transition.] January 28th, 2019 marks the two-year anniversary of the first arrivals of guerrillas of the Revolutionary Armed Forces of...

As I noted in a recent post, on January 4th, the Lima Group decided not to recognize “the legitimacy of the new presidential term of Nicolas Maduro” as President of Venezuela. On January 11th, Venezuela’s National Assembly declared itself the “sole Legitimate Power of Venezuela before the International Community” (all unofficial translations my own). Soon after, the Assembly’s Chairman, Juan...

On January 4th, the Lima Group – an informal gathering of 14 states seeking multilateral solutions to the humanitarian, democratic, and economic crisis in Venezuela – issued its latest statement, on the upcoming inauguration of Nicolás Maduro as President of Venezuela (see here for Spanish version). The statement called for the non-recognition of the legitimacy of Maduro’s government and called...

During colonial times, the Spanish empire lost around 1500 warships carrying priceless riches from the gold and silver mines of the Andes and the Sierra Madre. Under international law, these sunken warships are immune from state jurisdiction and generally remain state property even after sinking. In the past decade, international law has sought to regulate their preservation and salvaging, both...

Cocaine is a big problem in Latin America. According to the UN, 99.5% of worldwide coca cultivation is concentrated in just three countries: Colombia, Peru, and Bolivia. Under pressure from the Global North, Latin American nations have reduced the problem to a plan to contain cocaine flows through mostly violent means, to disastrous humanitarian consequences. In several states, violence has...

Between 1980 and 2000, Peru went through what Peruvians call “La Época del Terrorismo”, or “The Era of Terrorism”. In those years, the Shining Path, a Maoist-inspired terrorist group, launched an attack on Peruvian democracy seeking to establish a Khmer-Rouge-like dictatorship. According to Peru’s Truth & Reconciliation Commission, its Supreme Court, and The Inter-American Court of Human Rights, the “Era...