In association with the International Commission of Jurists

Courts & Tribunals

16 Aug

I want to call readers attention to an important case coming out of Brazil. This week, the 2nd Regional Federal Tribunal (TRF2), based in Rio de Janeiro decided a case against Antônio Waneir Pinheiro Lima, a retired army sergeant, accused of raping and torturing Inês Etienne Romeu, the sole survivor of a clandestine torture center known as the “House of Death”. The case is relevant because,...

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15 Aug

[Catherine Savard is a LL.M. student at Université Laval and assistant coordinator of the Canadian Partnership for International Justice. While she collaborated to the legal analysis on genocide of Canada's National Inquiry into Missing and Murdered Indigenous Women and Girls, the present post is written in a personal capacity and entirely independent of the Inquiry’s works.] Canada’s National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) delivered its Final Report...

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15 Aug

[Anji Manivannan is the Legal Director at People for Equality and Relief in Lanka (PEARL) and a Senior Programs Officer at the World Federalist Movement - Institute for Global Policy (WFM-IGP).]  Introduction May 18th marked the tenth anniversary of the end of the 26-year-long armed conflict between the Government of Sri Lanka (GoSL) and the Liberation Tigers of Tamil Eelam (LTTE). The GoSL’s victory came with the deaths of 70,000–140,000...

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13 Aug

[Owiso Owiso is a Doctoral Researcher in Public International Law at the University of Luxembourg and a member of the PhD Academy of the Cross Cultural Human Rights Centre, VU Amsterdam.] Introduction With the celebratory dust finally settled, stakeholders are beginning to take stock of the performance of the greatest achievement of the international criminal justice movement, the permanent International Criminal Court (ICC). Tough questions are now...

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09 Aug

[Victor Kattan is a Senior Research Fellow of the Middle East Institute at the National University of Singapore where he heads the Transsystemic Law Cluster. He is also an Associate Fellow of NUS Law. This is the second part of a two-part post.] Recognition of Palestine’s Statehood Since 1988, 138 states (72 per cent of UN members) have recognised a Palestinian state in the territories occupied by Israel on 4 June 1967. The...

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09 Aug

[Victor Kattan is a Senior Research Fellow of the Middle East Institute at the National University of Singapore where he heads the Transsystemic Law Cluster. He is also an Associate Fellow of NUS Law. This is the first part of a two-part post.]  The post in Opinio Juris submitted by Steven Kay QC and Joshua Kern of 9 Bedford Row based on their Article 15 Communication to the Prosecutor...

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08 Aug

[Sabina Garahan is a doctoral candidate at the Human Rights Centre at the University of Essex.] The law is replete with references to reasonableness. Although the concept is a familiar one, however, its significance in the field of pre-trial detention is yet to be understood. My doctoral project seeks to address this gap by analysing the theory and use of the reasonableness concept at the pre-trial stage by domestic...

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07 Aug

[Tasnim Motala is a fellow at Howard University School of Law, where she supervises the Civil & Human Rights Clinic.] The ICC, which left the United States reeling at the possibility of an investigation into abuses in Afghanistan, might have yet another avenue to hold the United States accountable for human rights abuses, but this time closer to home—on the US- Mexico border. Last year, the...

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06 Aug

[Caleb H Wheeler is a lecturer in law at Middlesex University London and his first book, The Right To Be Present At Trial In International Criminal Law was published by Brill in 2018.] French filmmaker Sophie Toscan du Plantier was discovered beaten to death outside her holiday let in the village of Schull, Ireland on 23 December 1996. Suspicion soon fell on Ian Bailey, a man living nearby. Following...

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06 Aug

[Lorenzo Gasbarri is a Research Fellow in Public International Law at Bocconi University and Junior Editor of the Oxford Database on the Law of International Organizations.] One of the complex legal issues arising from the Al-Bashir case concerns the international relevance of the conduct of a member state in the context of its international organization: how to qualify the conduct of an ICC...

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05 Aug

[Carola Lingaas is an Associate Professor of Law at VID Specialized University in Oslo (Norway). She earned her PhD in November 2017 from the University of Oslo with a thesis on ‘The Concept of Race in International Criminal Law’, which is under contract for publication by Routledge.] Introduction In November 2018, the Extraordinary Chambers of the Courts in Cambodia (ECCC) rendered its judgment in the case 002/02 against the former senior...

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31 Jul

Reema Omer is a Legal Adviser for the International Commission of Jurists (ICJ). Last week, the International Court of Justice (ICJ-CIJ) delivered its much-awaited judgment in the Kulbhushan Jadhav case. As expected in a case with India and Pakistan as the contesting parties, nationalist sentiment, – as opposed to a dispassionate assessment of the verdict – motivated much of the reaction...

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