In association with the International Commission of Jurists

Courts & Tribunals

01 Mar

I wanted to call readers attention to a particularly interesting ongoing case regarding recognition of governments in the context of Venezuela. The case (Rusoro Mining Ltd. v. Bolivarian Republic of Venezuela) revolves around damages caused to Rusoro, a Canadian company, by Venezuela’s nationalisation of the gold mining sector. In 2016, an ICSID tribunal ordered Venezuela to pay approximately one billion...

|
01 Mar

[Katayoun Hosseinnejad is a PhD graduate from Graduate Institute of International and Development Studies and a university lecturer of international law in Iran and Pouria Askary is an assistant professor of international law at Allameh Tabataba’i University.] This post highlights some of the inconsistencies in the ICJ’s recent judgment on preliminary objections in the case of Certain Iranian Assets, which resulted in rejecting the...

|
01 Mar

[Caroline Fish is an attorney admitted to practice in New York State and Licensed Master of Social Work, who has worked on issues of gender-based violence since 2009 and written on legal issues related to human trafficking.] The story of Shamima Begum, who was 15 when she was groomed and recruited by ISIS fighters, captures popular attention today, but States have...

|
01 Mar

[Rishi Gulati is a LSE Fellow in Law at the London School of Economics and a Barrister at the Victorian Bar.] The US Supreme Court has delivered its much awaited judgment in Jam v. International Finance Corporation, No. 17-1011, 27 February 2019 (‘Jam’ or the ‘Decision’. Two detailed posts by the author containing an analysis of the decisions of the courts...

|
11 Feb

[Carlos Arturo Villagrán Sandoval is a PhD Candidate at Melbourne Law School. His doctoral thesis considers Comparative Regional Integration with particular emphasis on Central-America. He is currently representing civil society actors in a constitutional injunction against the Presidential decision to denounce the CICIG treaty.] The CICIG is a pioneering international body, created between Guatemala and the UN, with broad reaching effects...

|
04 Feb

As I've noted before, the jurisdictional regime at the ICC for aggression is exceedingly narrow. In essence, the Court will have jurisdiction over an act of aggression only in the following situation: 1. The aggressor is a member of the Court, has ratified the aggression amendments, and has not opted out of the Court's jurisdiction. 2. The victim is a member of...

|
01 Feb

[Nicolás Carrillo-Santarelli is a Colombian lawyer, PhD on international law and international relations. He works as a researcher and lecturer of Public International Law at the La Sabana University, Colombia. This is Part II of a two-part post. Part I can be found here.] The extradition debate Even though there has been a non-international armed conflict in Colombia, under domestic law members of...

|
24 Jan

Once more into the breach, dear friends. Judge Ibañez Carranza has now responded to the Joint Declaration issued by Judge Eboe-Osuji as President of the Court and Judge Hofmański as the President of the Appeals Division. Short version: she's not happy about the Joint Declaration. Three specific points are worth mentioning. First (para. 2), Judge Ibañez Carranza argues that Judge Eboe-Osuji and Judge...

|
24 Jan

[Danielle Hites is the Staff Attorney at the Global Justice Center, an international human rights organization dedicated to advancing gender equality through the rule of law.] Despite the international community’s recognition that crimes against humanity are among the most serious crimes, there is no codified crimes against humanity treaty. The International Law Commission has undertaken the task of drafting one. Currently crimes against...

|
22 Jan

It's not yet available on the ICC website, but Judge Eboe-Osuji (the President of the Court) and Judge Hofmański (the President of the Appeals Division) have released a short Joint Declaration defending Judge Eboe-Osuji's appointment as the Presiding Judge in the Gbagbo No Case to Answer appeal. The Declaration does not explain his appointment, which seems to confirm Judge Ibañez Carranza's...

|
22 Jan

Another day, another slow-motion fiasco at the ICC. Today's episode: Judge Luz del Carmen Ibañez Carranza has dissented from a decision to assign a presiding judge to an appeal. The appeal in question involves the Gbagbo No Case to Answer decision, about which I blogged extensively yesterday. The President of the Appeals Division appointed Judge Eboe-Osuji, even though he is already the...

|