Asia-Pacific

[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...

[Unnati Ghia is a final year law student at National Law School of India University, Bangalore and Editor at the National Law School of India Review.] The past decade has seen significant challenges posed to international human rights law. Armed conflicts, minority persecution and nationalist xenophobia have contributed to the increase in the number of stateless populations around the world. Much like the United States and Myanmar,...

[Shannon Raj Singh is a Visiting Fellow of Practice at Oxford’s Institute for Ethics, Law & Armed Conflict, where she is researching the duty to prevent atrocity crimes with Federica D’Alessandra, the founding Executive Director of the Oxford Programme on International Peace and Security.  Shannon is also an Associate Legal Officer at the Special Tribunal for Lebanon in The Hague. The views expressed herein...

[Waritsara Rungthong is Project Manager of the Refugee Rights Litigation Project in Bangkok, Thailand. Caroline Stover is Asia Programme Officer at ARTICLE 19 and a legal advisor to the Refugee Rights Litigation Project.] On 24 December 2019, the Royal Thai Government approved a regulation with the aim to establish a national screening mechanism  to manage “aliens” who cannot return to their country of domicile.  With the regulation adopted as...

Yesterday, the International Court of Justice issued its decision relating to the request for provisional measures in the case brought by The Gambia against Myanmar, relating to the Genocide Convention and the Rohingya. This order is the result of an application filed by The Gambia on 11 November 2019 at the ICJ.  As I have previously written about the application, as well as days 1, 2 and 3 of the hearings held...

[Jenny Domino is Associate Legal Adviser of the International Commission of Jurists. The piece draws upon her previous in-country work as Harvard Law School Satter Fellow, and builds on her forthcoming publication on legally conceptualizing Facebook’s role in Myanmar’s incitement landscape.] The recently concluded The Gambia v Myanmar provisional measures hearing at the International Court of Justice (ICJ) renewed the focus on the crucial...