Asia-Pacific

[Srinivas Burra is an Assistant Professor in the Faculty of Legal Studies at South Asian University, New Delhi; Haris Jamil is an Assistant Professor in the Faculty of Law at University of Delhi, New Delhi.] On 15 June 2020, there was a violent face-off in the Galwan valley, in the western sector of the China-India border. Soldiers from China and India scuffled at the border, which led to...

[Aparajitha Narayanan currently works as a Legal Intern for the UNIRMCT and for Global Rights Compliance, The Hague. She holds an Adv. LL.M. in Public International Law from Leiden University (2019).] Introduction As a planet we are currently going through an unfortunate phase where the global order has taken a disruptive hit. Many believe that it is perhaps impossible to recover from this pandemic-created sinkhole, since COVID-19 has...

[Eva Buzo is an Australian lawyer, and the Executive Director of Victim Advocates International. She lived in Cox’s Bazar between November 2017 and September 2019.] David Eichert’s “Concerns about the non-inclusion of sexual violence against men and boys in the Gambia v Myanmar” raises important points in relation to the characterisation of sexual violence as being a primarily female experience in the clearance operations perpetrated by the Myanmar...

There is nothing more rewarding for an academic -- at least for this academic -- than seeing a student go on to do great things. I've been fortunate to have many wonderful students over the years, but there is no one I am more proud of than Golriz Ghahraman, whom I taught at the University of Auckland long ago and...

[Mathias Holvoet works as a Legal Officer at the Federal Prosecutor’s Office of Belgium.] This post is a follow-up post on Kevin Jon Heller’s post ‘the OTP Lets Australia off the Hook’, in which he vehemently criticized the ICC’s Office of the Prosecutor’s decision not to open a preliminary examination over the situation in Nauru and Manus Island, after denying to qualify...

This post looks at some of the issues and lessons that will impact the new prosecutor, emanating from the few situations related to Asia – a region that is often overlooked in the context of international justice. Other posts in our symposium have gone into details of the prosecutor’s position, responsibilities and qualifications. In this, I take a step back from the minutiae, and look at...

[Jennifer Trahan is a Professor at the NYU Center for Global Affairs.] On March 5, 2020, the International Criminal Court’s Appeals Chamber issued an extremely significant ruling authorizing the opening of the Afghanistan investigation.  The decision is important in that it confirms the Prosecutor’s discretion in evaluating whether or not to proceed “in the interests of justice” under Article 53(1)(c) of the Rome Statute, thereby allowing the Afghanistan...

On 3 March, news reports indicated that that the UN High Commissioner for Human Rights (High Commissioner) filed an intervention at the Supreme Court of India, linked to petitions challenging the Citizenship Amendment Act of 2019 (CAA). This legislation – along with a population and citizenship register – has been the focus of nationwide protests across India.  In brief, the CAA seeks to ease a path...

[Dr. Leonie Steinl, LL.M. is a post-doctoral researcher at Hamburg University, where she works in a DFG-project on "Strategic Litigation Networks and Accountability for Gross Violations of Human Rights". Dr. Wenke Brückner currently works as a lawyer in Berlin, specializing in German and international criminal law. Both authors have previously worked on different aspects of the case of Hanan v. Germany for...

A couple of years ago, I helped GLAN and the Stanford International Human Rights and Conflict Resolution Clinic prepare a 115-page communication to the OTP regarding Australia's unconscionable treatment of refugees and asylum seekers detained on Nauru and Manus Island, Papua New Guinea. Here is the key paragraph from the Executive Summary: The communication finds that there is a reasonable basis...

[Rawan Arraf is an Australian lawyer and director of the Australian Centre for International Justice. This post represents the personal view of the author and does not necessarily reflect the views of the Australian Centre for International Justice.] This is a belated follow up to the introductory post in the matter of Taylor v Attorney General which concerned the attempted private...