In association with the International Commission of Jurists

Organizations

13 Jan

[Srinivas Burra is an Assistant Professor at the Faculty of Legal Studies, South Asian University, New Delhi.]  Agreements facilitating humanitarian access to persons deprived of liberty play a significant role in promoting humanitarian principles in armed conflict situations. This post deals with the Memorandum of Understanding (MoU) between India and the International Committee of the Red Cross (ICRC) and the consequences of its non-compliance. Premised on the...

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08 Jan

Six important African NGOs have sent a letter to the Bureau of the Assembly of States Parties offering their enthusiastic endorsement of Karim Khan's candidacy for ICC Prosecutor. The signatories are Club des Amis du droit du Congo (DRC); Ligue pour la paix, les droits de l’homme et la justice (DRC), Bureau d’études et de réflexions pour le bien être...

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05 Jan

[Jefferi Hamzah Sendut holds a law degree from St John’s College, University of Cambridge, and an LLM (Public International Law) (Distinction) from the London School of Economics and Political Science]. For prospective claimant States, litigating to prompt the adoption of more robust climate change mitigation measures by major greenhouse gas emitting States comes with a host of legal and diplomatic hurdles. This post addresses...

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05 Jan

On New Year's Eve, the Trial Chamber overseeing the Al Hassan case referred Hassan's lead defence counsel, Melinda Taylor, to the Registry for violating the Code of Professional Conduct for Counsel. That referral will trigger an investigation by a Disciplinary Commissioner into Taylor's actions. The Trial Chamber's referral stems from a tweet that Taylor posted the day before Christmas concerning her...

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12 Dec

In my previous post, which was quite critical of the OTP's decision not to seek authorization to investigate British war crimes in Iraq, I made two central points. The first was that, pursuant to the Afghanistan appeals judgment, the OTP would not have needed to present the Pre-Trial Chamber (PTC) with information concerning complementarity and the PTC would not have...

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11 Dec

[Andreas Schueller is the Director of the International Crimes and Accountability Program at the European Center for Constitutional and Human Rights.] On 9 December 2020, the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) in The Hague announced its decision to close the preliminary examination into alleged war crimes by British troops in Iraq between 2003 and 2009. The OTP explained...

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11 Dec

[Vinai Kumar Singh is the Deputy Director of the Indian Society of International Law.] Thirty-four years have elapsed since the United Nations Declaration on the Right to Development (UNDRD) was first adopted in 1986. The international law instrument to effectively operationalise the right to development is yet to come into existence. The draft Convention on the Right to Development (A/HRC/WG.2/21/2) (hereinafter “draft Convention”) along with commentaries (A/HRC/WG.2/21/2/Add.1, 20...

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04 Dec

[Jennifer Trahan is Clinical Professor and Director of the Concentration in International Law and Human Rights at the NYU Center for Global Affairs and author of Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes (CUP 2020), winner of the “2020 ABILA Book of the Year Award” by the American Branch of the International Law Association.] This is...

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04 Dec

[Jennifer Trahan is Clinical Professor and Director of the Concentration in International Law and Human Rights at the NYU Center for Global Affairs and author of Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes (CUP 2020), winner of the “2020 ABILA Book of the Year Award” by the American Branch of the International Law Association.] I am...

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03 Dec

[Carrie McDougall (@IntLawCarrie) is a Senior Lecturer at the University of Melbourne and former Legal Specialist at the Australian Department of Foreign Affairs and Trade and Legal Adviser at Australia’s Mission to the United Nations.] In her new book, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes, Jennifer Trahan provides an excellent overview of the veto power enjoyed by the Permanent...

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03 Dec

[Roger Clark is the Board of Governors Professor of Law at Rutgers Law School; he also represented Samoa in the negotiations on the International Criminal Court.] Jennifer Trahan’s new book, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes (CUP 2020) is, I believe, destined to be one of the most influential of the many books that are hitting the...

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