In association with the International Commission of Jurists

Courts & Tribunals

23 Nov

[Lys Kulamadayil is a SNSF Post-Doctoral Research Fellow at the Amsterdam Center for International Law.] Is the handshake between men and women a protected social practice under the German constitution and if so, should persons who refuse to shake hands be denied citizenship? A recent judgment by the Administrative Court of Baden-Württemberg affirming German authorities’ decision to deny a Muslim man German citizenship...

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23 Nov

[Justin M. Loveland is a freelance legal consultant in public international law, transitional justice, and international human rights, currently working as Senior Legal Consultant to the Truth, Reconciliation and National Unity Commission of Seychelles.] For the perhaps small percentage of the world that can place Seychelles on a map, the 115 islands northeast of Madagascar form a paradisiacal archipelago of white sandy beaches whose main offerings...

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23 Nov

[Pranay Lekhi is a Legal Advisor – Not Admitted UK – at Allen & Overy, London. He graduated first-class from the University of Cambridge with a specialization in International Law. Views are strictly personal.] On October 7 2020, the Supreme Court of India held that public places cannot be occupied indefinitely while exercising the right to peacefully protest (para 17). The judgement has...

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21 Nov

[Parisa Zangeneh is a PhD student at the Irish Centre for Human Rights, National University of Ireland, Galway, where she is a recipient of the Hardiman Scholarship.]   The Independent Expert Review and themes of trust and tenure In Friday’s EJIL:Talk post on the Independent Expert Review (IER, the Report), Professor Guilfoyle raises a number of important issues about the health of the...

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17 Nov

[Chiara Redaelli is a Research Fellow at the Geneva Academy, where she works for the Rule of Law in Armed Conflicts (RULAC) and the Disruptive Military Technologies projects.] Over the past days, the world has been closely following the US presidential election. On Saturday, November 7, after days of uncertainty, Joe Biden won the election. As it is well-known, concerns related to the coronavirus pandemic and the risk of potentially...

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17 Nov

[J. Jarpa Dawuni is an Associate Professor of Political Science at Howard University and the Founder and Executive Director of The Institute for African Women in Law.] In a joint press release issued on November 2, 2020 by the Institute for African Women in Law and the GQUAL Campaign, called on member-states of the United Nations to take gender into...

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17 Nov

I just had the pleasure of a sharp exchange on Twitter with my dear friend Mark Kersten, one of the most insightful commentators on the ICC. The exchange was motivated by the ASP making it "officially official" (Mark's nicely turned phrase) that the process for electing the next Prosecutor will be opened up to include (at a minimum) any longlisted...

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16 Nov

[Gregory S. Gordon is Professor of Law at The Chinese University of Hong Kong Faculty of Law and formerly served as a prosecutor with the International Criminal Tribunal for Rwanda and the U.S. Department of Justice, Criminal Division.] This summer I posted about the importance of the International Criminal Court’s decision in selecting its third Prosecutor. The Court has come under fire...

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02 Nov

[Álvaro Rueda Rodríguez-Vila is a graduate in law (Bachelor, UNED) and in human rights (LL.M., Maastricht University).] In an article published on June 16, 2020, Dapo Akande argued that, assuming that Palestine is a state, the Monetary Gold principle is applicable to the International Criminal Court (ICC or the Court) in the situation of Palestine as to the determination of the Palestine territory because of the territorial dispute...

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01 Nov

Announcements The Latest Volume of the Nuremberg Academy Series The Tokyo Tribunal: Perspectives on Law, History and Memory is out now. With the third volume of the Nuremberg Academy Series, the Nuremberg Academy offers a publication on The Tokyo Tribunal: Perspectives on Law, History and Memory, edited by Viviane E. Dittrich, Kerstin von Lingen, Philipp Osten and Jolana Makraiová. This publication combines perspectives from law,...

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28 Oct

[Dapo Akande, Antonio Coco, Talita de Souza Dias, Duncan B. Hollis, Harold Hongju Koh, James C. O’Brien and Tsvetelina van Benthem.] Election insecurity constitutes a dangerous global threat. Thirteen prominent intelligence experts stated, in a brief filed in U.S. federal court, that: “Over the last several years, evidence has emerged that Moscow has launched an aggressive series of active measure campaigns to interfere...

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26 Oct

[Chris Jenks is the Director of the Criminal Clinic and Associate Professor of Law at SMU Deadman School of Law.] How is ‘attack’ defined under international humanitarian law (IHL), particularly in the context of cultural property and hospitals? Opinio Juris readers will likely have already answered the first part of the question by referring to Article 49 of Additional Protocol I (AP I) to the 1949...

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