As readers no doubt know, Fatou Bensouda announced yesterday that the OTP is opening a formal investigation into the situation in Palestine. Doing so was a foregone conclusion, given the Pre-Trial Chamber's recent decision that the ICC has jurisdiction over crimes committed in Gaza, the West Bank, and East Jerusalem. Regardless, even if the bulk of the work will fall...
Patricia Vella de Fremeaux (Mallia) is Associate Professor and Head of the International Law Department of the Faculty of Laws, University of Malta. Dr. Felicity G. Attard is a lecturer in the Department of International Law at the University of Malta. The “Special Relationship of Dependency” and Effective Control in Rescue Operations on the High Seas We find it more...
Patricia Vella de Fremeaux (Mallia) is Associate Professor and Head of the International Law Department of the Faculty of Laws, University of Malta. Dr. Felicity G. Attard is a lecturer in the Department of International Law at the University of Malta. Introduction On 27 January 2021, the United Nations Human Rights Committee (HRC or Committee) found that Italy had failed to...
International legal scholarship is undergoing a metamorphosis. Scholars may quibble over the catalyst and trajectory, but they concur that a shift is underway. At least this was the premise of a symposium organised by the Chicago Journal of International Law this past week, entitled The Transformation of International Law Scholarship. The event showcased three American legal academics: Daniel Adebe, Adam Chilton, and Tom Ginsburg....
Paolo Busco is a member of Twenty Essex Chambers, where he practices in the field of public international law. All opinions are expressed in a personal capacity only. Introduction On 27 January 2021 the Human Rights Committee published its decisions on two communications submitted in 2017 respectively against Malta (S.A. and others v. Malta, Communication No. 3043/2017), and Italy (S.A. and others v....
Ralph Janik teaches international law in Vienna and Budapest. Twitter: @RalphJanikImage © Harald A. Jahn International migration and refugee law are loaded with heartbreaking stories. Austria recently contributed yet another one to this long list: In the early hours of January 29th, a Georgian woman and her two daughters were deported to their country of origin after having lived in Austria for...
Announcements 2021 Rosalyn Higgins Prize: The Law & Practice of International Courts and Tribunals (LPICT) now invites submissions for the 2021 Rosalyn Higgins Prize. The deadline is 30 June 2021. The Rosalyn Higgins Prize is an annual prize which awards EUR 1.000 of Brill book vouchers and a one-year LPICT subscription to the author of the best article on the law and practice...
[Dr Alexander Gilder is a Lecturer in Law at Royal Holloway, University of London and Co-Convenor of the International Law Section of the Society of Legal Scholars (UK). He tweets @DrAlexGilder.] In 2016 the International Court of Justice (ICJ or ‘the Court’) found it had no jurisdiction in the Marshall Islands’ proceedings against India, Pakistan, and the United Kingdom. Since then...
Jennifer Trahan is Clinical Professor at NYU's Center for Global Affairs and Director of their Concentration in International Law & Human Rights. A reset of US policy toward the International Criminal Court (ICC) is sorely needed. It is also time for the US, which historically has been a leader in the field of international justice, to reassume that leadership mantle. Rescind Sanctions...
Andras Vamos-Goldman has a long post today at Just Security criticising the UK's recent adoption of the Overseas Operations (Service Personnel and Veterans) Bill, which will make it considerably more difficult for British courts to prosecute soldiers who commit international crimes overseas or to hear civil actions brought by the victims of such crimes. He also decries in general the lack of...
I draw your attention to the title. It is an amalgamation of two phrases. Follow the money is pithy, even a little crass. It is often uttered in television crime dramas, usually to aid the protagonist identify the culprit. The Misery of International Law is the title of a book by Linarelli, Salomon, and Sornorajah. So provocative is this text on International Economic Law (IEL) that it...
[An opinion piece by Roojin Habibi, Benjamin Mason Meier, Tim Fish Hodgson, Saman Zia-Zarifi, Ian Seiderman & Steven J. Hoffman] The ICJ-GHLC invites readers to submit their thoughts, suggestions and/or feedback on a set of principles for global health emergencies to feedback@globalstrategylab.org In the COVID-19 response, leaders around the world have resorted to wartime metaphors to defend the use of emergency health...