I have posted a draft of the article, which is forthcoming in International Law Studies, the great journal published by the US Naval War College, on SSRN. Here is the abstract: In early 2018, media began to report that the United States was debating whether to “react to some nuclear or missile test with a targeted strike against a North Korean...
[Nicolás Zambrana-Tévar is Professor of Law at KIMEP University in Almaty, Kazakhstan, where he specializes in International Law.] A genuine electoral thriller The Catalan separatist struggle seems to be, right now, a tennis match where the ball is bouncing back and forth between Madrid, Strasbourg and Brussels. On 2 November 2017, Mr Junqueras, then vice-president of the Catalan autonomous government, was arrested with other separatist leaders and was charged with...
[Marina Aksenova is a Professor of Comparative Criminal and International Law, IE Law School Madrid and Linde Bryk is Legal Advisor - Bertha Justice Fellow, European Center for Constitutional and Human Rights.] On 11 December 2019, ECCHR together with a group of NGOs - Mwatana (Yemen), Rete Disarmo (Italy), Centre Delàs (Spain), the Campaign Against Arms Trade (UK) and Amnesty International Secretariat...
[Beatrice Walton is a 2018 graduate of Yale Law School and served as Judicial Fellow at the International Court of Justice in The Hague in 2018-2019. Paul Strauch graduated from Yale Law School in 2018, where he was a Herbert J. Hansell student fellow at the Center for Global Legal Challenges and Editor-in-Chief of the Yale Journal of International Law....
[Beatrice Walton is a 2018 graduate of Yale Law School and served as Judicial Fellow at the International Court of Justice in The Hague in 2018-2019. Paul Strauch graduated from Yale Law School in 2018, where he was a Herbert J. Hansell student fellow at the Center for Global Legal Challenges and Editor-in-Chief of the Yale Journal of International Law.] This...
[Jenny Domino is Associate Legal Adviser of the International Commission of Jurists. The piece draws upon her previous in-country work as Harvard Law School Satter Fellow, and builds on her forthcoming publication on legally conceptualizing Facebook’s role in Myanmar’s incitement landscape.] The recently concluded The Gambia v Myanmar provisional measures hearing at the International Court of Justice (ICJ) renewed the focus on the crucial...
[Marta Bo is a Researcher at the Graduate Institute, Geneva and at the T.M.C. Asser Institute in The Hague.] On 14 November 2019, Pre-Trial Chamber III (PTC III) authorized the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) to investigate crimes allegedly committed against the Rohingya population (Article 15 Decision). This decision was unsurprising in light of the Jurisdiction Decision delivered by Pre Trial Chamber...
The International Court of Justice has just last week commenced and concluded provisional measures hearings in a case between The Gambia and Myanmar. It is based on allegations of violations of the Genocide Convention and is the culmination of years of persecution of the Rohingya, an ethnic Muslim minority in Myanmar’s Rakhine state. While there have been waves of atrocities, in...
[Yvonne McDermott is a Professor of Law at the Hillary Rodham Clinton School of Law, Swansea University, UK; Daragh Murray is a senior lecturer at the University of Essex School of Law and Human Rights Centre, Deputy Workstream Lead on the Human Rights, Big Data and Technology Project, and Co-I on the Open Source Research for Rights project and Alexa Koenig is...
The provisional measures hearings between The Gambia and Myanmar, pertaining to alleged violations of the Genocide Convention in respect to the Rohingya, concluded yesterday. Both The Gambia and Myanmar had the opportunity to rebut the others case, and to put forward their final points for the court to take into account. This post will not rehash the arguments but reflect...
On Monday, a group of Nobel Peace laureates issued a remarkable public statement not only condemning Aung San Suu Kyi for actively denying that Myanmar has committed international crimes against the Rohingya, but also calling for her to be prosecuted for those crimes herself: As Nobel Peace laureates, we call on Aung San Suu Kyi, a Nobel Peace Prize recipient, to...
On 11 December 2019, Myanmar presented its case before the International Court of Justice, in the matter of provisional measures brought by The Gambia in relation to the Rohingya, under the Genocide Convention. Even though the hearings were for a specific determination – that of provisional measures – the arguments presented by Myanmar are a glimpse of the legal strategy...