In association with the International Commission of Jurists

National Security Law

10 Mar

[Jennifer Trahan is a Professor at the NYU Center for Global Affairs.] On March 5, 2020, the International Criminal Court’s Appeals Chamber issued an extremely significant ruling authorizing the opening of the Afghanistan investigation.  The decision is important in that it confirms the Prosecutor’s discretion in evaluating whether or not to proceed “in the interests of justice” under Article 53(1)(c) of the Rome Statute, thereby allowing the Afghanistan...

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07 Feb

[ Luigi Daniele is Lecturer in Law at Nottingham Trent University, where he leads the undergraduate and postgraduate modules in International Humanitarian Law.] For more than a decade international lawyers have been debating Israel’s claim against the jurisdiction of the International Criminal Court (ICC) over the situation in Palestine, notoriously based on the argument that no Palestine State exists since ‘the Palestinian Authority lacks effective control over the...

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07 Feb

[Katherine Gallagher is a Senior Staff Attorney at the Center for Constitutional Rights in New York, where she focuses on holding individuals and corporations accountable for egregious human rights and international law violations. @katherga1. The views expressed in this post are made in my personal capacity and do not necessarily reflect the views of any organization I am currently or formerly associated with, nor the views...

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06 Feb

[Jeff Handmaker teaches law, human rights and development and conducts research on legal mobilisation at the International Institute of Social Studies of Erasmus University in the Netherlands and is a senior research fellow in the School of Law, University of the Witwatersrand, South Africa. Alaa Tartir is a Research Associate at Graduate Institute of International and Development Studies (IHEID) in Geneva, Switzerland and is a Program Advisor to Al-Shabaka:...

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05 Feb

[Unnati Ghia is a final year law student at National Law School of India University, Bangalore and Editor at the National Law School of India Review.] The past decade has seen significant challenges posed to international human rights law. Armed conflicts, minority persecution and nationalist xenophobia have contributed to the increase in the number of stateless populations around the world. Much like the United States and Myanmar,...

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05 Feb

[John Quigley is Professor Emeritus at the Moritz College of Law, The Ohio State University.] In her Request to the Pre-Trial Chamber for a ruling on territorial jurisdiction, the Prosecutor raises the issue of Palestine’s statehood as a matter to be determined by the Pre-Trial Chamber. She writes, persuasively, that Palestine is a state. The matter was conclusively determined already by...

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04 Feb

[Alice Panepinto is a lecturer in law at Queen’s University Belfast, where she researches and teaches human rights, international law and contemporary issues in property law.] In determining its territorial jurisdiction in Palestine, the ICC is presented with a golden opportunity to revive the global reach of international criminal justice. When Pre-Trial Chamber I will rule on the question of whether “the "territory" over which the...

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03 Feb

[Mark Kersten is the founder of the blog Justice in Conflict. He is a Senior Researcher at the Munk School of Global Affairs and Public Policy and a student at McGill University’s Faculty of Law.] You would think it was reason to celebrate: there is a distinct possibility of an international court investigating alleged international crimes in a region of the...

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03 Feb

[Triestino Mariniello is Senior Lecturer in Law and Coordinator of the Research Unit in ‘International Justice and Human Rights’ at Edge Hill University, UK. Chantal Meloni is Associate Professor at the University of Milan, Italy where she teaches International Criminal Law and Senior Legal Adviser to the European Center for Constitutional and Human Rights, Germany.] This Symposium on ‘The Question of...

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28 Jan

[Waritsara Rungthong is Project Manager of the Refugee Rights Litigation Project in Bangkok, Thailand. Caroline Stover is Asia Programme Officer at ARTICLE 19 and a legal advisor to the Refugee Rights Litigation Project.] On 24 December 2019, the Royal Thai Government approved a regulation with the aim to establish a national screening mechanism  to manage “aliens” who cannot return to their country of domicile.  With the regulation adopted as...

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24 Jan

[Pouria Askary is an assistant professor of international law at Allameh Tabataba’i University, and Katayoun Hosseinnejad is a university lecturer of international law in Iran.] In the first part of this post, we explained that there is a missing yet important element for characterizing the strike against Major General Soleimani i.e. the strike took place in the territory of Iraq not Iran or the US....

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20 Jan

[Ralph Janik teaches international law at the University of Vienna, Webster University Vienna, and the University of Rostock. He specializes in the interplay of international law and international relations. Twitter: @RalphJanik. This is the second part of a two-part post. The first can be found here. An earlier version of this article was published (in German) on Völkerrechtsblog.org] In the last days I...

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