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The header image depicts Fazel Mohammed (18 years), Mohammed Tayeb (14 years), Mohammed Ibrahim (55 years), Hussain Uzbakza (24 years). These photos have been provided for media use by Leigh Day. [Elizabeth Brown is a doctoral researcher at King’s College London’s Department of War Studies, where she studies British accountability processes following allegations of war crimes in Iraq and Afghanistan. She is also coordinator of King’s War Crimes Research Group.] On Monday the 9th of October 2023, the United Kingdom’s Independent Inquiry Relating to Afghanistan held its first substantive public...

...its accusers with targeted keyword public relations. It then goes on to how to affect search results to affect the PR spin. Here’s one peice of advice from the article: 1. Keep the story quiet in your home country. Look: Google News results for the term [killer coke] yield 57 links, not all of which actually refer to the lawsuit, even though the suit was filed in 2001. This is good because you don’t want too many links to the list of bottling plant union leaders tortured, kidnapped and/or killed....

...Libyan authorities. The ICC will remain in close contact with the Libyan authorities to inform them of progress. To be sure, there is nothing overtly wrong with these paragraphs. The ICC should take seriously allegations of defence misconduct. And the second paragraph makes clear, albeit weakly, that the Court itself should be the one to investigate Libya’s allegations against Taylor. But that is nowhere near enough. The ICC must state clearly and unequivocally that Libya had absolutely no legal right to search and detain Taylor, no matter what it thinks...

...approach. But will any vestige of the Annex I/non-Annex I dichotomy remain? Developed countries mostly argue that the concept of nationally determined contributions (NDCs) implies self-differentiation and that this self-differentiation is sufficient. But many developing countries would like some continuation of the categorical, annex-based approach found in the UNFCCC and the Kyoto Protocol. The 2014 US-China joint announcement added the phrase “in light of different national circumstances” to the principle of CBDR-RC, apparently to give it a more dynamic quality. This formulation was included in the Lima Call for Action...

stepping down early (his term expires in 2015) and that, indeed, the search for his successor is well underway. (I’m sure many readers of this blog knew about this way before I did). I will leave for another day, and to more knowledgeable folks, the evaluations of Judge Buergenthal’s service on the ICJ. Let me get down to what we are all really interested in: who will be his replacement? Technically, there is no U.S. seat on the I.C.J., nor does the U.S. government play a formal role in the...

[Başak Bağlayan is a Postdoctoral Researcher at the Faculty of Law Economy and Finance at the University of Luxembourg. Gamze Erdem Türkelli is an Assistant Research Professor at the University of Antwerp Law & Development Research Group. Başak Etkin is a PhD Candidate at Université Paris 2 Panthéon-Assas, and the co-creator and co-host of the philosophy of international law podcast, Borderline Jurisprudence. Aysel Küçüksu is a Postdoctoral Fellow on the “Human Rights Nudge” project at iCourts, Faculty of Law, University of Copenhagen. Ezgi Yıldız is a Senior Researcher on the...

...the show, the context of recent Spanish history needs to be recalled. From the end of the civil war in 1939 until 1977, Spain was ruled by the dictatorship instituted by General Francisco Franco, based on national-catholic doctrine, framed by the military and infamous for its tireless repression of freedoms and opposition. The Spanish transition to democracy is generally considered to have taken place between Franco’s death in 1975 and 1977, when the first free elections were held. The last visible aftermath of the Dictature, that gained worldwide attention, was...

The wide-ranging responses to Oona’s work are a testament to its ambition and importance. In the interest of keeping the discussion manageable, I’d like to offer two additional comments on Oona’s piece even though I could easily pursue a half dozen other lines of inquiry. First, I wanted to comment on the subtitle of the article—“The Past, Present and Future of International Lawmaking in the United States.” I wonder about the use of the term “lawmaking” here. Is it true that when we talk about treaties we’re always talking about...

Can arguments for preemptive self defence under international law be regarded as a mirroring of feminist arguments for justified self-defence in cases of homicide by individuals who have experienced long-term domestic violence? This is one of the questions Dianne Otto raises in response to my MJIL article, ‘Feminist Reflections on the ‘End’ of the War on Terror’. In the article I argued that preemptive force, or what was known as the Bush Doctrine, mirrors provocation defences in western national legal structures. The core of my argument assumes that, as a...

...whether it should matter that a small country with little relevance to Kosovo, like the Czech Republic, might no longer recognize Kosovo. In the immediate term, it does not matter. The Czech Republic is not going to convince the US or the majority of the EU to no longer recognize Kosovo. Having 107 nations recognize Kosovo as opposed to 108 nations does not doom Kosovo’s mission for statehood. However, long-term if the Czech Republic rescinded its recognition, it could further divide Europe over Kosovo, which would hinder Europe’s ability to...

...Review of the Red Cross 98 (1994). Not only does Meyrowitz support my reading of Article 35(2): he directly contradicts Heller’s (and Ohlin’s). Recall that Heller notes, in a passing reference to the Commentaries, that Article 35 incorporated the French expression “maux superflus.” But Heller doesn’t say anything about the significance of that textual development. If he did, Heller would be hard-pressed to explain his notion that “superfluous injury” excludes death. According to Meyrowitz, the French term, which was first used at Saint Petersburg in1868, specifically concerned unnecessary fatalities: The...

...go. It may tip to the one corner of the field, or the other. There has been a lot of support for international criminal justice in past decades. The EU has been crucial in this regard. But there is also backlash and critique. Some wonder what’s the point of international courts and tribunals. The international community is good at creating new treaties and new institutions. But it seems to be less good at devoting long-term attention and resources that are necessary to ensure that they are effective. Once a new...