In association with the International Commission of Jurists

Courts & Tribunals

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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25 Jul

[Marie Davoise is an English-qualified lawyer who specialises in business & human rights and international criminal law. Previously in private practice, she is currently working as a Visiting Professional at the International Criminal Court. The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of the ICC or its members.] Although...

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25 Jul

[Raphael Schäfer & Kanad Bagchi are research fellows at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg Germany. This is part two of a two-part post. Part I can be found here.]   On the Question of Remedies Arguably, it is here that the case assumed critical importance not just for jurisprudence of international law as such but also for the parties...

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25 Jul

[Raphael Schäfer & Kanad Bagchi are research fellows at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg Germany. This is the first part of a two-part post.]   As the International Court of Justice (ICJ/Court) began to hand down its decision on the Jadhav case, it became almost certain that the ruling will be on predictable...

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23 Jul

Paula Baldini Miranda da Cruz is a Lawyer, LLM Adv. Studies in Public International Law at Leiden University (Netherlands). Ph.D. candidate at Leiden University (Netherlands) and Rafael Braga da Silva is a Lawyer, LLM University for Peace and United Nations Interregional Crime and Justice Research Institute (UNICRI) (Italy) and LL.M. Adv. Studies in Public International Law at Leiden University Netherlands). In...

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17 Jul

The Kulbhushan Jadhav case – between India and Pakistan at the International Court of Justice – will be decided today. India initiated proceedings  before the ICJ on May 8, 2017 relating to the arrest, detention and sentencing to death of Jadhav.  While the facts are disputed, here are the basics: Pakistan alleges that Jadhav is a serving Indian naval officer, who at...

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16 Jul

Solomon T. Ebobrah is a Legal Adviser with the International Commission of Jurists Decades after the end of colonialism in Africa, judiciaries in African States are confronted with the challenge of determining the extent to which the post-colonial state in Africa can legitimately interfere in the private lives of people as expressed in their preferred sexuality with another consenting adult behind closed doors. Judiciaries in...

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08 Jul

Max du Plessis is Senior Counsel in South Africa, an Associate Fellow at Chatham House, a Senior Researcher at the Institute for Security Studies, an Associate Tenant at Doughty Street Chambers and an Honorary Research Fellow, University of KwaZulu-Natal. Christopher Gevers is a Lecturer in the School of Law at University of KwaZulu-Natal. In our first post, we identified how the...

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