Search: {search_term_string}
28 Apr Weekly News Wrap: Tuesday, April 28, 2015
...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...01 Mar “Future Perspectives on International Criminal Justice” Published
...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....08 Aug How Do You Know the Libyan Government is Lying? Its Lips Are Moving
...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...24 May ICRC Customary Study Online
...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...
17 Jun Contingency in International Law Symposium: Contingency Between and Beyond–The Prepositional Life of International Law
...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...04 Nov Roper v. Simmons and Our Constitution in International Equipoise
For those of you interested in constitutional comparativism, my latest article, Roper v. Simmons and Our Constitution in International Equipoise, 53 UCLA L. Rev. 1 (2005) was just published and is now available on SSRN here. It essentially is a postscript to my earlier (and much longer) article, In Search of a Theory for Constitutional Comparativism, 52 UCLA L. Rev. 639 (2005), available on SSRN here. The latest article makes two essential points. First, it argues that the Supreme Court in Roper is moving away from a majoritarian paradigm in...
03 Jul State-to-State Investment Arbitration as a Tool to Recover Misappropriated Assets Abroad
...hinder or considerably slow down the recovery by the legitimate government of its public funds. Firstly, bank secrecy in force in tax-haven jurisdictions rarely allows for locating promptly the full amount of ill-gotten funds. For instance, the search in Switzerland for Ferdinand Marcos’ funds yielded very limited funds at the beginning, only to later find a staggering US$500 million. Likewise, the search for former Zairean dictator Mobutu Sese Seko’s deposits in Swiss banks turned out to be substantially less fruitful than expected. According to the newly established government of the...
10 Jun Are the Oslo Accords Still Valid? For the ICC and Palestine, It Should Not Matter
...large swaths of the West Bank, raising additional questions over the viability of the so-called peace process and the two-state solution. In his respect, the International Criminal Court (ICC or the Court) Pre-Trial Chamber requested Palestine to clarify whether it still pertains to the Oslo Accords so as to help determine the ICC’s jurisdiction in the Situation in Palestine. The validity of the Oslo Accords should not affect the Pre-Trial Chamber’s jurisdictional analysis, since the Accords could not have stripped the Court’s jurisdiction in the first place. The Oslo Accords...
27 Jun Migrants and Refugees in Distress at Sea on the Central Mediterranean Route Malta: You Have to Pick Up the Phone!
[Serena Zanirato is Head of the Migrants’ Rights Team at StraLi and Programmes Officer at Lawyers for Justice in Libya Valerie Gabard is Co-Director at UpRights] On 4 March 2025, in an unprecedented decision, the United Nations (UN) Human Rights Committee (or the Committee) requested Malta to urgently take all necessary measures to coordinate a search and rescue (SAR) operation to rescue 32 people in distress in the Mediterranean Sea and to bring them to a place of safety. For the first time the UN Human Rights Committee has granted...11 Sep Who Are “The Real Tyrannical Terrorists”?
...Corporations So it is imperative that you free yourselves from all of that and search for alternative, upright methodology in which it is not the business of any class of humanity to lay down its own laws to its own advantage at the expense of the other classes as is the case with you, since the essence of man-made positive laws is that they serve the interests of those with the capital and thus make the rich richer and the poor poorer. Whom Shall the Mujahideen Fight? Answer: Corporations There...