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...accumulated at the UCF accounts and forfeiture of Russian assets via agreed speedy procedures at the national level in cooperation with contracting states. The UCF is also to administer funds accumulated from ‘compensation surcharges’ and voluntary contributions and disburse them to compensate for loss, damage, or injury as awarded by the CTU. Finally, the UCF in cooperation with national authorities is to search for, identify and block assets directly or indirectly controlled by the Russian Federation, its instrumentalities, and entities or persons, complicit in aggression.  Mechanism For Managing Resources The...

...dilemma for the Court, the Prosecutor and, indeed, all with a vested interest in international criminal justice: When boy soldiers become adults and then, commanders, how do we deal with the aftermath of the crimes they commit? Should they be tried for all the crimes committed from childhood onwards, those committed in adulthood, or those that were committed while they were in command? Arguably this is where the issue of defences under the Rome Statute ought to play a role; could the defences be used to exonerate the individual or...

...evident in the continued search by international organizations such as the International Committee of the Red Cross (ICRC) and the United Nations (UN) for ways to strengthen compliance with IHL. Trends in international security policy in the last two decades indicate growing recognition of the need for a collectivist approach to prevention and repression of violations of IHL. This is an approach whereby all States, irrespective of whether or not they are directly involved in or affected by an armed conflict, have a duty to prevent and punish violations of...

...Somaliland and Somalia was never ratified and also malfunctioned when it went into action from 1960 to 1990, makes Somaliland’s search for recognition historically unique and self-justified in African political history. Objectively viewed, the case should not be linked to the notion of ‘opening a Pandora’s Box’. As such, the AU should find a special method of dealing with this outstanding case… So now Kosovo, South Ossetia, Abkhazia, and Somaliland are all “unique” cases… Anyway, it will be interesting to observe how security policy and recognition issues affect each other....

...quick search within Westlaw’s JLR database yields 394 citations to George Kennan, 132 specifically to his book, American Diplomacy (admittedly, at least one of those is mine). To start with, one could talk about his signature policy. What were the international law implications of a containment policy that divided the word into two separate spheres? In what ways was international law mobilized as an instrument of that policy? To what extent were jurisprudential schools/approaches shaped by realities of containment? In current terms, our containment policies have taken on an increasingly...

[Daniel Bertram is a PhD candidate at the Department of Law, European University Institute. George Hill holds an LLM from the Department of Law, European University Institute and currently works as a researcher in London.] “International criminal law is dead, long live international criminal law!” There is an almost schizophrenic air to much contemporary discourse about the role of international criminal law (ICL) in world politics. In the scholarly world of scientific journals, academic conferences and classroom debates, ICL has come to be viewed with suspicion. From prosecutorial choices to...

...crimes. However, these acts also amount to genocide and there is increasing political pressure to charge them as such.  This post sketches the backstory of how the Genocide Convention came to include a prohibition on the forcible transfer of a group’s children. In addition to secondary sources, which are hyperlinked, it draws on archival documents I collected at U.S. National Archives, the UN Archives (NYC) and Raphael Lemkin’s personal papers from the American Jewish Archives and the American Jewish Historical Society.  Lemkin coined term “genocide” in a 1944 book, Axis...

According to AFP, the ICTY has issued an “arrest warrant” for Florence Hartmann for failing to pay the fine she received for her 2009 contempt conviction: The UN Yugoslav war crimes court issued an arrest warrant Wednesday against a former spokeswoman for the tribunal’s chief prosecutor for refusing to pay a 7,000-euro ($10,000) fine. Florence Hartmann, a French national, was found guilty of contempt in 2009 for disclosing confidential details of the trial of the late Serbian strongman Slobodan Milosevic. “The French Republic is hereby directed and authorised to search...

...It is certainly true that the abuses suffered by women are depressingly similar from one nation to another, and that the international women’s movement has therefore been able to identify similar problems in many nations and to jump-start the search for creative solutions. It is also true that when states are doing nothing, women can goad them into action by making a big noise internationally, and that this has happened, often helpfully. Finally, it is true that some specific problems require international solutions. Trafficking, for example, as MacKinnon points out,...

...have to agree with Kevin's interpretation though on different grounds. Article 21 of the Statute limits the Court's jurisdiction in a hierarchical matter with the text of the Statute and its progency in the first category; international law (article 21(b)) can only come into play if the Court's determination under article 21(a) is indeterminate. Thus, if there is a consensus that a jurisdiction-spliced referral has not referred a "situation," that ends the discussion as there is no room for the Court to get to Article 21(b)--something which would be required...

...would add the same rule to a SOP for automating laundry lists. The fact that a long string of lawyers has made one unfounded complaint after another does not place a question beyond "rational debate." Rather, a rational person would wonder why a military interrogator would write down some hypothetical misbehavior in the first place. Rather than depending on later transcription, doesn't it make better sense not to write it down in the first place. Conspiracy theorists will always imagine what might have been in the documents destroyed. Maybe they...

...One day at the International Law Commission, the topic of promissory estoppel came up in relation to a discussion on unilateral declarations. One commissioner was trying to draw an analogy between the two. Anyway, the civil trained ILC commissions simply could not grasp the concept. I mean, the common law people might as well have been talking about string theory. The civil law people simply could not comprehend the concept of promissory estoppel. The point is that the adversarial system is really hard to understand to someone in another tradition....