In association with the International Commission of Jurists

The Constitutional Conflict in Turkey: Is There Still an Effective Remedy for Human Rights Violations?

26 Jan

[Massimo Frigo is the Senior Legal Advisor of the International Commission of Jurists, Europe Programme.] A legal dispute between first instance ordinary courts and the Constitutional Court in Turkey is leading the country into a major constitutional conflict and severely limiting the chance of people in Turkey to access effective remedies for human rights violations. On 11 January, two criminal courts in Istanbul...

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22 Jan

At Lawfare yesterday, two law professors at West Point defended the US's right to attack North Korea if it tests another nuclear weapon or fires another missile into Japanese waters: North Korea is extraordinarily close to becoming a global nuclear power. This very real possibility has reportedly resulted in the United States debating a limited military strike dubbed the “bloody nose” strategy. In...

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17 Jan

Justice in Conflict has a guest post today from a scholar who has written a book about the Lubanga trial. I think the post makes some excellent points about the problems with the trial. But I have serious reservations -- acknowledging that I have not read the book -- about the author's take on why the trial did not focus...

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16 Jan

On January 9, Command Sergeant Major John Wayne Troxell, the senior enlisted adviser to the Chairman of the Joint Chiefs of Staff, posted a rather incendiary statement on Facebook about the future of ISIS: ISIS needs to understand that the Joint Force is on orders to annihilate them. So, they have two options should they decide to come up against the United States, our...

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10 Jan

[Sina Etezazian serves as Digest of State Practice Regional Coordinator for the Journal on the Use of Force and International Law. He recently completed his PhD at Monash University. His doctoral thesis was titled “Ambiguities Regarding the Necessity and Proportionality Criteria for the Exercise of Self-Defense in International Law”. In 2017, he won the 2016 Monash Law School Students’ Publication...

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03 Jan

[Maziar Homayounnejad is currently a PhD researcher at the Dickson Poon School of Law, King's College London. His research primarily focuses on law of armed conflict aspects of autonomous weapon systems, with a secondary focus on arms control and non-proliferation.] On November 13-17, 2017, the UN, acting under the auspices of the Convention on Certain Conventional Weapons (CCW), convened its first...

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02 Jan

Although aggression received most of the attention at the Assembly of States Parties (ASP) last month, the ASP also adopted a series of amendments to Art. 8 of the Rome Statute, the war-crimes provision, prohibiting the use of three kinds of weapons in both international armed conflict (IAC) and non-international armed conflict (NIAC): [W]eapons, which use microbial or other biological agents, or...

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31 Dec

Call for Papers The Frankfurt Max Planck Institute for European Legal History will be hosting "Key Biographies in the Legal History of European Union 1950-1993” on 21-22 June 2018 and have issued a call for papers. “Legal History of the European Union” is a recently established research field at the Max Planck Institute for European Legal History at Frankfurt. The...

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22 Dec

The Guardian is reporting today that Carter Page -- Donald Trump's bumbling former foreign-policy advisor, who has been interviewed quite extensively by the FBI regarding his contacts with Russia -- earned a PhD from SOAS in 2011 after failing his defence twice. Here are some snippets from the story: Page first submitted his thesis on central Asia’s transition from communism to capitalism in...

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20 Dec

[Jeffrey Biller, Lt Col, USAF, is the Associate Director for the Law of Air, Space and Cyber Operations at the Stockton Center for the Study of International Law, US Naval War College.] The use of hospital ships in wartime has always been a contentious issue. Although serving a humanitarian need recognized by most parties, profound suspicion of their misuse led to...

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20 Dec

[Dr. Mohammad Hadi Zakerhossein is a Lecturer at Tilburg University.] On 9th November 2017, the Judges at PTC III of the International Criminal Court sprung a great surprise by unsealing an unexpected decision, thereby authorizing the Prosecutor to open a full investigation into the situation in the Republic of Burundi. The Chamber’s decision sparked off a lively debate on Article 18 of...

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16 Dec

[Jennifer Trahan is Associate Professor, The Center for Global Affairs, NYU-SPS and Chair of the International Criminal Court Committee of the American Branch of the International Law Association] On Thursday, December 14, 2017, the ICC’s Assembly of States Parties (ASP) took the historic and significant decision, by consensus, to activate, effective July 17, 2018, the ICC’s jurisdiction over its 4th crime,...

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