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...being immediately aware of the fact. Similarly, the point at which hostile action ends may be vague and so it may be difficult to assess exactly when the duties contained within article 18(1) are triggered. The updated ICRC Commentary suggests that this determination requires a “good faith assessment” (para 1655) but precisely what factors are required to be taken into account remains unclear. Secondly, the Parties are required to take “all possible measures” to search for, and collect, the wounded, shipwrecked and sick. This phrase seems to place a heavy...

[Elies van Sliedregt is professor of international and comparative criminal law at Leeds University and Director of its Centre for Criminal Justice Studies (CCJS) and she is senior editor of the Leiden Journal of International Law and a member of the Royal Holland Society of Sciences and Humanities.] This is an awesome book. The sort of book I wish I had written. When I researched individual criminal responsibility in ICL some 20 years ago, I used a comparative and domestic criminal law lens through which to understand international concepts and...

...European Union (EU) policies. The EU policy of containment, primarily through Operation Sophia, has meant that since 2017, Europe has relied on the Libyan Coast Guard (LCG), entrusting it to carry out search and rescue operations at sea. The policy, and the outsourcing of search and rescue to the Coast Guard, is a way to counter the European Court of Human Rights rulings in the Hirsi Jamaa and Others v. Italy case, which found Italy’s pervious policy of pushing back migrants to Libya illegal. Now that Italy and the EU...

...The existence of a state of Palestine, although controversial, is nonetheless a reality in the opinions of many states. b. The PA satisfies many of the basic criteria of statehood and effects many of the duties and responsibilities of states. c. The Palestinians have an internationally recognised right to self-determination and to an independent state. d. The Palestinians in the OPT are living under a foreign military occupation which is frustrating their ability to effectively exercise their right to self-determination through an independent state. e. The PA has the ability...

...and to register, please click here. Announcements Transnational Dispute Management announces another journal issue: TDM 1 (2014) – Reform of Investor-State Dispute Settlement: In Search of a Roadmap. From TDM: “Edited by Jean E. Kalicki (Arnold & Porter LLP and Georgetown University Law Center) and Anna Joubin-Bret (Cabinet Joubin-Bret) this TDM special issue on the “Reform of Investor-State Dispute Settlement: In Search of a Roadmap” has close to 70 papers making it the largest TDM Special Issue to date. The interest in this topic, and the breadth of proposals offered...

...A matter for further domestic and comparative research potentially.  Consequences and Costs  It is against this backdrop that a communication was transmitted to the International Criminal Court Prosecutor last week, in relation to migrants repatriated at sea and detained in Libya. It is argued that the ‘deterrence’ policy – Triton – pursued by the European Union resulted in crimes against humanity. While not delving into details of the communication in this post, it is relevant to point out that the arguments also focus on the key role of NGOs in search...

...of the Prosecutor, which are material to the preparation of the defence or are intended for use by the Prosecutor as evidence for the purposes of the confirmation hearing or at trial, as the case may be, or were obtained from or belonged to the person” (Rule 77). Defence lawyers also conduct their own search for relevant information, which would generally include searching the Internet for videos or other records of prior statements by potential witnesses and victims. Statements may include interviews provided to journalists, human rights investigators, academic researchers,...

...foreign leaders as Germany became the latest country to respond to its calls for recognition that it was genocide. A former Romanian president has acknowledged approving the CIA’s request for a site in Romania, but said he would have refused had he known how it would be used. There is no military solution to migrants drowning in the Mediterranean, U.N. Secretary General Ban Ki Moon said on Sunday, as European leaders search for ways to manage the flow of people leaving North Africa in rickety boats. European efforts to save...

...of humanitarian law – Antonio Cassese and the creation of the customary law of non-international armed conflict Tamás Hoffmann; 5. The international criminal legal process: towards a realistic model of international criminal law in action Christoph Burchard. Part II. Theorizing International Criminal Justice: 6. The two liberalisms of international criminal law Darryl Robinson; 7. International criminal law at the crossroads: from ad hoc imposition to a treaty-based universal system Kai Ambos; 8. In search of the ‘vertical’: towards an institutional theory of international criminal justice’s core Frédéric Mégret. Part III....

...briefly explain it to us? What was the serious misconduct that was committed by this delegation sent by the ICC? We heard about pens containing cameras, we heard about documents signed en blanc… [Milad]: Here is what happened. As I am the coordinator for this case, I went to the ICC delegation in the Hotel, then, we went to Zintan. They were put under an administrative search. During the search, a video-recording pen was found; the Prosecution was, by coincidence, present on site in order to continue the interrogation of...

...the International Court of Justice dealing with questions of IHL has also been updated. New practice is marked in green throughout the Database. The purpose of the Customary IHL database is to make not only the rules of customary IHL but also the underlying State and international practice easily accessible by everyone interested in the interpretation and application of IHL. The information in the database is easily accessible by means of three search parameters: subject matter, type of practice and country, which can be used separately or can be combined...

...and domination” (p. 518). A plea for compromise follows: “Why not, then, agree on a common premise of situated freedom […] Contingency and determination are from this perspective not mutually exclusive but both required for any sensible approach to social explanation and programmatic thinking” (p. 519). Moyn’s situated freedom is a freedom situated sensibly, somewhere between contingency and determination, between fate and action (“between” meaning both separating and connecting here). Furthermore, in order to sensibly recover contingency in the stories of the past about what could have been otherwise, Moyn...