The Kulbhushan Jadhav case – between India and Pakistan at the International Court of Justice – will be decided today. India initiated proceedings before the ICJ on May 8, 2017 relating to the arrest, detention and sentencing to death of Jadhav. While the facts are disputed, here are the basics: Pakistan alleges that Jadhav is a serving Indian naval officer, who at...
Solomon T. Ebobrah is a Legal Adviser with the International Commission of Jurists Decades after the end of colonialism in Africa, judiciaries in African States are confronted with the challenge of determining the extent to which the post-colonial state in Africa can legitimately interfere in the private lives of people as expressed in their preferred sexuality with another consenting adult behind closed doors. Judiciaries in...
[Ricardo Arredondo is professor of Public International Law at the University of Buenos Aires and at the University of Palermo. He is Professor of Diplomatic Law and Practice at the Institute for the Foreign Service of Argentina.] After more than two decades of negotiation, on June 28, Mercosur and the European Union reached “a political agreement for an ambitious, balanced and comprehensive trade agreement”, according to the...
For decades, civil society actors from the Global South have been asking when weapons manufacturers (who are usually from Europe/ the US) will be held accountable in some way for the arms they supply that ultimately fuel conflict in the Global South. The June 2019 legal complaint involving Sasol Solvents Germany GmbH, BASF Antwerpen NV, Brenntag AG and its Swiss...
While much of the world is aghast and transfixed by the migrant detention camps in the U.S., there is another dire human rights and humanitarian crisis brewing and about to reach its zenith in the Indian state of Assam on 31 July 2019. A legal process is underway – updating the "National Register of Citizens" – that threatens to dispossess...
“From the big ship they were making calls, but said: ‘Sorry, we can’t take you, it’s not my fault, orders are that Libyans will come to take you’. Meanwhile, I could see people dying on the other boat, pieces of boat were floating and bodies too. [By the time] a small Libyan ship came to get us...
Max du Plessis is Senior Counsel in South Africa, an Associate Fellow at Chatham House, a Senior Researcher at the Institute for Security Studies, an Associate Tenant at Doughty Street Chambers and an Honorary Research Fellow, University of KwaZulu-Natal. Christopher Gevers is a Lecturer in the School of Law at University of KwaZulu-Natal. In our first post, we identified how the...
Max du Plessis is Senior Counsel in South Africa, an Associate Fellow at Chatham House, a Senior Researcher at the Institute for Security Studies, an Associate Tenant at Doughty Street Chambers and an Honorary Research Fellow, University of KwaZulu-Natal. Christopher Gevers is a Lecturer in the School of Law at University of KwaZulu-Natal. This is the first of two blog posts...
[Craig Martin is a Professor of Law and Co-Director of the International and Comparative Law Center, at Washburn University School of Law. He is a frequent visiting lecturer at Osaka University, Graduate School of Law and Politics.] In the wake of the recent attacks on shipping in the Persian Gulf, there has been considerable discussion about Europe’s difficult position amidst the escalating tension between the United States...
[Steven Kay QC is Head of Chambers at 9 Bedford Row. He has appeared as leading counsel in many significant international criminal trials (Tadic, Milosevic, Musema, Gotovina, Kenyatta) – and represented heads of state and leading figures at UN tribunals and the International Criminal Court (ICC). Joshua Kern is a barrister at 9 Bedford Row. He specialises in complex criminal cases with an emphasis on international and transnational criminal...
The situation in Libya is deteriorating, with each day bringing news even more dire than the previous, regarding the state of the conflict and the plight of civilians. Caught up in this complex situation are significant numbers of individuals fleeing from their countries and seeking refuge, who have been forcibly relocated to Libya and are now languishing in multiple detention...
Mohamed S. Helal is an Assistant Professor of Law at The Ohio State University Mortiz College of Law and an Affiliated Faculty with the Mershon Center for International Security Studies. I don’t want to say it, but I will anyway: I told you so! On June 4th, I posted a two part post on Opinio Juris (here and here) on the current situation in...