In association with the International Commission of Jurists

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03 Sep

[Todd Carney is a student at Harvard Law School. He holds a Bachelor's degree in Political Science and Public Communications. He has also worked in digital media in New York City and Washington D.C.] In September 2018, the European Union (EU) Parliament voted to censure Hungary in response to Hungary’s laws that cracked down on institutions such as the media, independent government agencies and non-governmental organizations (NGOs)....

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30 Aug

[Anthony J. Colangelo, Gerald J. Ford Research Fellow and Professor of Law, SMU Dedman School of Law.] The Supreme Court’s recent decision in Gamble v. United States explicitly raised the question of double jeopardy in international cases by positing scenarios in which the United States may wish to successively prosecute after a prior prosecution in a foreign country for crimes occurring abroad. These cases...

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28 Aug

Vito Todeschini is an Associate Legal Adviser at the International Commission of Jurists’ MENA Programme. Said Benarbia is the International Commission of Jurists’ MENA Programme Director. In a UN Security Council Open Debate on the Middle East held on 23 July 2019, Jason D. Greenblatt, Assistant to the US President and Special Representative for International Negotiations, intervened to clarify the US Government’s position in...

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28 Aug

[Peter H. Corne is the Managing Partner of Dorsey & Whitney’s Shanghai Office, NYU Global Adjunct Professor of Law, and Mediator of the Shanghai Commercial Mediation Center. Matthew S. Erie is an Associate Professor of Modern Chinese Studies and Associate of the Centre for Socio-Legal Studies of the University of Oxford, and Principal Investigator of the “China, Law and Development”...

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26 Aug

A few months ago, I was invited by the Polish Ministry of Justice to participate in a one-day conference on the responsibility of lawyers for judicial crimes, part of Poland's Day of Remembrance for the Victims of Stalinism and Nazism. The Ministry asked me to discuss American prosecutions of Nazi lawyers at the Nuremberg Military Tribunals -- something I wrote...

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25 Aug

[This piece was translated and published by BBC India (Hindi) on 22 August. It is for a non-legal audience mainly, and is only focussed on the potential International Court of Justice case on Kashmir.] Pakistan has indicated publicly that it plans to approach the International Court of Justice (ICJ) in relation to Kashmir.  The news of a potential ICJ case on Kashmir arises...

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23 Aug

[Demetra Loizou is a Lecturer in International Law and Legal Skills at the University of Central Lancashire, Cyprus.]  Article 8 of the Rome Statute, which sets out the war crimes within the ICC’s jurisdiction, is inextricably linked to the general IHL regime. Paragraph 2(a) refers to the grave breaches of the 1949 Geneva Conventions (international armed conflicts). Paragraph 2(c) is concerned with the serious violations of Common Article 3 (CA3)...

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23 Aug

[Nina Mileva and Marina Fortuna are doctoral candidates at the University of Groningen, performing research within the TRICI-Law Project. This project has received funding from the European Research Council (ERC) under the European Union’s Horizon 2020 Research and Innovation Programme (Grant Agreement No. 759728).] In international law interpretation is the process through which the interpreter attempts to determine the true...

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22 Aug

[Michael W.R. Adams is a J.S.D. candidate at Columbia Law School.] Increasingly, states across Europe and in the Commonwealth of Nations have adopted laws permitting the ‘denationalization’, or stripping of citizenship, from so-called ‘foreign fighters’ in the interests of national security. Denationalization has antecedents going back to the states of the ancient world. States have historically employed denationalization as a response to...

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21 Aug

[Caroline Omari Lichuma is a PhD Candidate at the Georg-August Universität Faculty of Law (at the Chair of Public and International Law) and a Lecturer from Riara Law School in Nairobi, Kenya.] Material inequality or (extreme) economic inequality has been touted as one of the biggest challenges of the 21st century. Wealth is hemorrhaging upwards rather than trickling down. In a world where the rich get richer,...

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21 Aug

[Camila Teran is a lawyer with a LLB in Law and a LLM in International Criminal Law, both from the University of Sussex.] The ICC’s current crisis bears witness to the contentious relationship between the Office of the Prosecutor of the ICC (OTP) and States. The OTP’s progress is further frustrated by the small window triggering the admissibility phase that would allow the Prosecutor to formally investigate Colombia....

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21 Aug

I have uploaded a new article on the crime of aggression to SSRN. Here is the abstract: Immediately after the historic adoption of the aggression amendments on 14 December 2017, a number of participants in the negotiations expressed their belief that activating the crime of aggression would help deter states from engaging in the illegal use of force. Unfortunately, the version...

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