As I write these lines, the United States is fighting for the very soul of its democracy. Under dispute is whether their government can forcibly transfer a lawful resident – in this case a Latino with a tattoo – to a forced labour camp in El Salvador without any due process. For now, the US Supreme Court’s answer seems to be “no”, provided the...
[Ben Saul is the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism] The Israeli human rights NGOs Public Committee Against Torture in Israel and Hamoked recently reported that around 6,800 Palestinians are detained by Israel outside the regular criminal justice process. Approximately 3,436 are held as “unlawful combatants” captured in Gaza – although...
[Maya Nirula is a dual-qualified international human rights lawyer with multi-jurisdictional experience consulting and litigating on issues of business and human rights] Recapitulation This is the second of a two-part series, the Role of Business in War. Part I: The Old Offense evaluated the interaction between International Humanitarian Law (IHL), International Human Rights Law (IHRL), and International Criminal law (ICL) in governing gross...
[Maya Nirula is a dual-qualified international human rights lawyer with multi-jurisdictional experience consulting and litigating on issues of business and human rights] Introduction This is the first of a two-part series, the Role of Business in War. Part I: The Old Offense will evaluate the interaction between International Humanitarian Law (IHL), International Human Rights Law (IHRL), and International Criminal law (ICL) in governing...
When the news broke that the former Philippines President Rodrigo Duterte had been arrested and detained upon arrival at Manila’s airport from an overseas trip, by Philippine police executing an international arrest warrant, it was the culmination of months of speculation. The political feud and infighting in the Philippines halls of power certainly facilitated this moment. But let us not forget, it’s been the relentless work...
The inimitable Sam Moyn and I have a chapter on the Vietnam War and international law in the Cambridge History of the Vietnam War: Volume 3, Endings and Aftermaths, which was just published by Cambridge University Press. Here are the opening paragraphs: There have been thousands of histories of the Vietnam War, but none assigns a pivotal role to international law....
Israel's consolidated interpretation of ceasefires: "you cease, I fire" (cit.).Francesca Albanese Israel recently stopped bombing Gaza, sort of, offering a moment of respite for Palestinians. This is a welcome development, to be sure. Having brutalised the enclave for nearly 18 months, collapsed the delivery of aid, obliterated health, education, and housing infrastructures, slaughtered tens of thousands, maimed tens of thousands more,...
[Jinan Bastaki is an Associate Professor of Legal Studies at New York University, Abu Dhabi.] [Harun Halilović is an Assistant Professor at IUS Law School. He holds a BA in Law from the University of Sarajevo, and an LL.M. from Queen Mary University of London. He obtained PhD in Law from the University of Tuzla Faculty of Law. He is an author...
[Eoin Jackson is a PHD Candidate at LSE] At present, the Inter-American Court of Human Rights (IACtHR) is considering its Advisory Opinion on the Climate Emergency and Human Rights. The proceedings follow on the heels of the landmark European Court of Human Rights decision in KlimaSeniorinnen v Switzerland, where the Court issued a declaratory judgment that the human rights of the...
[Faraz Shahlaei is an Adjunct Professor of law at Loyola Law School, Los Angeles] Introduction The intersection of human rights and sports has reached a crucial point with the Grand Chamber (GC) of the European Court of Human Rights (ECtHR) taking over the Caster Semenya case. The case alleges human rights violations on several grounds due to DSD (Differences of Sexual Development)...
[Darryl Chan, LLM, is currently at an intergovernmental organisation for disarmament and has previously served as a research assistant to a member of the UN International Law Commission and at the Legal Division of the International Committee of the Red Cross.] The author was present at the Committee’s 140th session in Geneva, including for the 8th periodic review of the UK. Introduction On...
Note: although I serve as Special Adviser to the ICC Prosecutor on War Crimes, I was not involved in the Al Hassan case. The Trial Chamber released its 822-page (!) judgment in the Al Hassan case yesterday. Al Hassan was convicted of a number of serious crimes, including the crime against humanity of torture and the war crimes of torture and...