In association with the International Commission of Jurists

Courts & Tribunals

30 Jun

[John B. Quigley is Emeritus Professor of Law at Moritz College of Law, The Ohio State University.] The annexation, now under consideration by Israel, of land in occupied Palestine is aimed, in part, at bringing many of Israel’s settlements into the territory of Israel. Annexation, however, may bring the unintended consequence of the loss of those very settlements. Much of the land on which the...

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30 Jun

Along with 187 other American lawyers and legal scholars, I have signed a statement condemning the Trump administration's Executive Order permitting the US to sanction individuals involved with the ICC's investigation into the situation in Afghanistan. It's quite a list of signatories, including three former US war-crimes ambassadors and a number of former judges and prosecutors at various international criminal...

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26 Jun

[Marie Steinbrecher is currently a teaching fellow at UCL’s Department of Political Science while completing her PhD at Royal Holloway’s School of Law.] The Optional Protocol to the Convention against Torture (OPCAT) obliges State Parties to designate a National Preventive Mechanism (NPM). NPMs are mandated to visit all places of deprivation of liberty to prevent torture and ill-treatment. To date, 90 States have ratified OPCAT...

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25 Jun

[Dr. Alexander Heinze, LL.M. (TCD) is Assistant Professor at the Department of Foreign and International Criminal Law, Institute for Criminal Law and Justice, Georg-August-University of Göttingen.] There are two ways an International(ised) Criminal Tribunal (ICT) can regulate the transmission of information in the proceedings: by combining a case file approach with a restrictive disclosure regime or by introducing extensive disclosure rules with no case file or one that merely...

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23 Jun

[Arron N. Honniball is a Research Fellow at the Centre for International Law (CIL), National University of Singapore, Singapore. Funding was provided to CIL by a Singapore Maritime Institute Grant (SMI-2019-MA-03).] Introduction Part I of this two-part post reviewed the M/V Wise Honest’s final voyage against the UNSC framework that prohibits such illicit trafficking by sea, followed by the rights and practice...

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23 Jun

[Arron N. Honniball is a Research Fellow at the Centre for International Law (CIL), National University of Singapore, Singapore. Funding was provided to CIL by a Singapore Maritime Institute Grant (SMI-2019-MA-03).] Introduction The M/V Wise Honest (IMO 8905490) was, since 17 November 2016, a North Korean owned and flagged cargo ship engaged in numerous violations of United Nations Security Council (UNSC) Resolutions,...

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22 Jun

[Gabriella Citroni is Senior Researcher in International Law and Lecturer in International Human Rights Law at the University of Milano-Bicocca. She is also senior legal advisor of the NGO TRIAL International. Aintzane Márquez is Senior Attorney at Women’s Link Worldwide. Both organizations work to ensure that crimes committed against women and girls during wartime, under dictatorships and in context of oppression...

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19 Jun

[Dr. Michael Kearney is a legal researcher with Al-Haq.] A March 2020 Amicus Brief submitted by Palestinian human rights organisations, including Al-Haq, to the Pre-Trial Chamber of the International Criminal Court suggested that the Court’s territorial jurisdiction extends to Palestine’s Exclusive Economic Zone. The Exclusive Economic Zone (EEZ), a jurisdictional space derived from the UN Convention on the Law of the Sea, was proclaimed by Palestine in September 2019....

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19 Jun

The first part of this two-part post reviewed the law that President Trump invoked in his executive order announcing a sanctions program regarding the International Criminal Court, and went through the different provisions of the order. This part will discuss some relevant issues not directly addressed in the order, and provide some views on what to expect going forward. A Modicum...

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17 Jun

[Dr. Tamás Hoffmann is a Senior Research Fellow at the Centre for Social Sciences Institute for Legal Studies and an Associate Professor at Corvinus University of Budapest.] Since the adoption of the Genocide Convention by the United Nations General Assembly on 9 December 1948, the crime of genocide has been universally regarded as the ”crime of crimes” in international criminal law. Article II of...

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16 Jun

[Andreina De Leo is a Legal Researcher at the European Legal Support Center (ELSC).] On June 11, 2020, the European Court of Human Rights (ECt.HR) delivered the much-awaited judgement Baldassi and Others v. France (application no. 15271/16). The Court found by a majority that there was no violation of Article 7 (no punishment without law) and unanimously that there was a...

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