My last post raised a few questions on how we should approach the issue of targeted killings as first strikes in international armed conflicts (IACs). The ensuing Twitter debate proved very enriching, generating some answers and many more questions. This time around, I would like to elaborate on some of these answers and what do I make of their implications...
Apple, Google (through its parent company Alphabet, Inc), Dell, Microsoft and Tesla have been named as defendants in what could be a landmark case pertaining to the use of child labour in the mining of cobalt in the Democratic Republic of Congo (DRC). The case, which is a class complaint for injunctive relief and damages has been brought by the US based International Rights Advocates (IRA) on behalf...
Yes. The American strike against Qassem Soleimani was illegal. This is the common conclusion of some of the world’s best experts on international law and jus ad bellum (see here and here for a couple of examples). And, lets be clear, the Iranian response was also illegal (see here and here). Let’s not dwell on these already explored and answered...
[Beatrice Walton is a 2018 graduate of Yale Law School and served as Judicial Fellow at the International Court of Justice in The Hague in 2018-2019. Paul Strauch graduated from Yale Law School in 2018, where he was a Herbert J. Hansell student fellow at the Center for Global Legal Challenges and Editor-in-Chief of the Yale Journal of International Law....
[Beatrice Walton is a 2018 graduate of Yale Law School and served as Judicial Fellow at the International Court of Justice in The Hague in 2018-2019. Paul Strauch graduated from Yale Law School in 2018, where he was a Herbert J. Hansell student fellow at the Center for Global Legal Challenges and Editor-in-Chief of the Yale Journal of International Law.] This...
[Jenny Domino is Associate Legal Adviser of the International Commission of Jurists. The piece draws upon her previous in-country work as Harvard Law School Satter Fellow, and builds on her forthcoming publication on legally conceptualizing Facebook’s role in Myanmar’s incitement landscape.] The recently concluded The Gambia v Myanmar provisional measures hearing at the International Court of Justice (ICJ) renewed the focus on the crucial...
[Cale Davis is a PhD candidate at the Grotius Centre for International Legal Studies at Leiden University in The Netherlands. He was previously a Prosecutor with the Northern Territory DPP and a Judge’s Associate at the Supreme Court of the Northern Territory in Australia. His research concerns prosecutorial discretion in international criminal justice.] From the rarefied corridors of The Hague’s international...
[Marta Bo is a Researcher at the Graduate Institute, Geneva and at the T.M.C. Asser Institute in The Hague.] On 14 November 2019, Pre-Trial Chamber III (PTC III) authorized the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) to investigate crimes allegedly committed against the Rohingya population (Article 15 Decision). This decision was unsurprising in light of the Jurisdiction Decision delivered by Pre Trial Chamber...
The International Court of Justice has just last week commenced and concluded provisional measures hearings in a case between The Gambia and Myanmar. It is based on allegations of violations of the Genocide Convention and is the culmination of years of persecution of the Rohingya, an ethnic Muslim minority in Myanmar’s Rakhine state. While there have been waves of atrocities, in...
[Catalina Fernández Carter is a Chilean lawyer and holds and LLM from the University of Cambridge.] According to the latest report by the Chilean National Institute of Human Rights, 241 individuals have suffered eye injuries – several of them resulting in partial or total blindness – in the context of the social unrest the country has experienced since October. Images of people with eye patches have become a...
The provisional measures hearings between The Gambia and Myanmar, pertaining to alleged violations of the Genocide Convention in respect to the Rohingya, concluded yesterday. Both The Gambia and Myanmar had the opportunity to rebut the others case, and to put forward their final points for the court to take into account. This post will not rehash the arguments but reflect...
On Monday, a group of Nobel Peace laureates issued a remarkable public statement not only condemning Aung San Suu Kyi for actively denying that Myanmar has committed international crimes against the Rohingya, but also calling for her to be prosecuted for those crimes herself: As Nobel Peace laureates, we call on Aung San Suu Kyi, a Nobel Peace Prize recipient, to...