Courts & Tribunals

The recent nominations for judicial posts at the UN International Residual Mechanism for Criminal Tribunals (IRMCT) have caused outrage. However, the frustration expressed regarding the lack of adequate representation of women on the international stage is not new. The issue is not just one of gender representation but also crucially of access to justice. This is therefore an opportune time...

[Alina Balta is a PhD Researcher at Tilburg Law School, INTERVICT. This blogpost is a product of the Intervict Reparations Initiative, commissioned by the NWO-VIDI Project, A Waste of Time or No Time to Waste, as well as a product of research carried out for the photobook ‘Portraits of Injustice: Forced marriage and related sexual violence during the Khmer Rouge’ due to be published in...

[Patryk I. Labuda is a Hauser Global Fellow at New York University School of Law.] News broke on Saturday, November 17, that the Central African Republic (CAR) had transferred Alfred Yekatom, alias ‘Rombot’ or ‘Rambo’, to the International Criminal Court (ICC). According to the arrest warrant, Yekatom has been charged with crimes against humanity and war crimes for acts allegedly committed...

[Jutta Brunnée is Professor of Law and Metcalf Chair in Environmental Law, Faculty of Law, University of Toronto. This essay is based on a keynote presentation given at the annual conference of the Canadian Council on International Law in Ottawa, on November 2, 2018. It draws in part on Jutta Brunnée, “Multilateralism in Crisis,” forthcoming in American Society of International Law,...

[Ajita Banerjie is a research consultant with the International Commission of Jurists, based in India.] In a historic judgment pronounced on 6th September 2018, the Supreme Court of India declared the 157-year-old law, Section 377 of the Indian Penal Code, unconstitutional in so far as it criminalizes consensual sexual relationships between same-sex adults. The landmark judgment in Navtej Singh Johar vs Union of India seeks to atone for...

[Jutta Brunnée is Professor of Law and Metcalf Chair in Environmental Law, Faculty of Law, University of Toronto. This essay is based on a keynote presentation given at the annual conference of the Canadian Council on International Law in Ottawa, on November 2, 2018. It draws in part on Jutta Brunnée, “Multilateralism in Crisis,” forthcoming in American Society of International...

[Dimitrios Kourtis is a PhD cand. (Intl Law) at the Aristotle University of Thessaloniki, Greece and Fellow of the Hellenic Foundation for Research & Innovation.] The purpose of the present post is to briefly discuss certain arguments, based on the 1953 London Agreement and the 1990 Two-Plus-Four Treaty, asserted by Germany on different occasions aiming at the dismissal of the legal validity...

[Beatrice Lindstrom is the Legal Director of the Institute for Justice & Democracy in Haiti and was counsel to plaintiffs in the Haiti cholera litigation Georges v. United Nations.] Last week’s Supreme Court argument in Jam v. International Finance Corporation addressed whether international organizations’ immunity under the International Organizations Immunities Act (IOIA) has evolved with foreign sovereign immunity over the last...

[Eugénie Mérieau is a legal consultant for the International Commission of Jurists.] In September 2018, the Indian Supreme Court invalidated, in two landmark rulings, misogynistic and homophobic laws inherited from the British Empire. On September 27, it struck down Section 497 of the Penal Code (Shine v. Union of India) criminalizing adultery, three weeks after it had annulled Art. 377 of...

[Siddharth Narrain is a lawyer and legal researcher based in Delhi.] Earlier this year, a five-judge Constitutional Bench of the Indian Supreme Court, in a path-breaking judgment in Navtej Singh Johar declared the colonial sodomy statute (Section 377 of the Indian Penal Code) unconstitutional, and no longer applicable to consenting sexual acts between adults, effectively decriminalizing homosexuality, and legally recognizing LGBTI...

[Massimo Frigo is a Senior International Legal Advisor at the International Commission of Jurists.] 2018 continues to be a year marked by fierce disputes with regard to asylum, including what it is and what the obligations States have towards refugees or others entitled to international protection. More recently, Venezuela has been another example of the fact that a refugee crisis may...