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23 Jun The ICC Commits Cooperation Seppuku
...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...28 May Law of the Sea Symposium: A Comment on Seline Trevisanut’s post
...seas including the Indian Ocean where several vessels carrying asylum seekers attempting to reach Australia have foundered, and there has been significant loss of life. The death toll from the 20 vessels that have sunk en route to Australia since 2009 now stands at nearly 900. There is an urgent need to clarify the international legal duties upon states to ensure that such tragedies are avoided, and that when sinkings do occur that search and rescue authorities respond promptly and effectively. As Seline explains, there remains uncertainty, in some situations,...19 Feb UN Criticizes Switzerland for Amending its War Crime Law
...“close link” required by the new Article 9. New Article 9 also seems to contradict Switzerland ’s obligations under the Geneva Conventions and Protocols I and II, all of which Switzerland has ratified. States that are party to the Conventions and Protocols are required to search for a person suspected of grave breaches of the Conventions and of Protocol 1 and either (1) prosecute him in the appropriate national court, (2) extradite him to a state party willing to do so, or (3) surrender him to an international criminal court:...
24 Jul On Sanctions and Deregistration of Vessels: The Recent Practice of Panama
...currently undertaking nuclear proliferation activities, the Ship Boarding Agreement can be invoked by the US for boarding and searching Panamanian vessels. Furthermore, due to the new “comprehensive” nature of the sanctions against Iran, the US decided to target the Iranian oil and gas sectors through economic measures. Under an ordinary interpretation, neither oil nor gas would be the subject of a board and search operation under the Ship Boarding Agreement, as long as they are not used to produce or enrich fissile material. But it is very likely that an...
30 Oct The EC’s Guidance on the Facilitation Directive – Ending the Criminalisation of NGO-led SAR Operations?
[Malcolm Wu is an LL.M. candidate at the London School of Economics and Political Science.] Introduction As highlighted by Mudukuti and Gauci and Karageorgiou, the criminalisation of NGOs and human rights defenders (HRDs), notably within the context of search and rescue operations (SAR), has been on the rise in the EU since its migration crisis in 2015. A substantial role in this controversy belongs to the broadly-drafted Facilitation Directive 2002/90/EC which renders NGOs and HRDs liable for human smuggling for rescuing distressed migrants at sea (Amnesty International 2020 Report, para....15 Feb "Google Bombing" Ahmadinejad and Radical Islam
...the top post in a Google search for Ahmadinejad is an October 2005 BBC profile, followed shortly thereafter by an antiseptic Wikipedia profile and a positive June 2005 profile in Al Jazeera. All three are out-of-date, inaccurate, and make no mention of the current threat that he has become. By contrast, the top post for a Google search of his alternative spelling of “Ahmadinejah” is my post on the “The Madness of Mahmoud Ahmadinejah.” It is incomplete, but more accurately gives voice to the true threat that is Mahmoud Ahmadinejad....
20 May Symposium on Systemic Racism and Sexism in Legal Academia: (Im)migrant Women’s Informal Networks of Solidarity
[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...