Asia-Pacific

[Nguyen, Quoc Tan Trung is a PhD candidate at University of Victoria, Canada and lecturer on public international law in Vietnam. He currently pursues research interests including international legal framework on non-recognition, use of force and human rights.] [https://orcid.org/0000-0001-7293-1822] Photo credit: Reuters The South China Sea arbitration award between the Philippines and China clearly favours the principles of the United Nations Convention...

[Felicity Gerry is an international QC and Professor of Legal Practice.]  [Sue Milne is a lecturer, PhD candidate and scholar of public law at the University of South Australia, Justice and Society.] [Cate Read is a Trial Division Researcher, Supreme Court of Victoria.] [Eamonn Kelly is a Barrister, Victorian Bar and ad hoc admission in England and Wales for the Shamima Begum Appeal.] Photo Credit:...

[Andrea Marilyn Pragashini Immanuel is an Assistant Professor of Legal Practice and a Research Fellow at the Centre for Public Interest Law, Jindal Global Law School, O.P. Jindal Global University, India.]Acknowledgment: I am grateful to Aashish Yadav, Lecturer, Jindal Global Law School for his valuable comments on a draft of this article. Photo Credit: Nate Kitch, The Guardian On 26 February 2021,...

[Clare Brown is the Deputy Director of Victim Advocates International. She is Assistant to Counsel in a submission filed on behalf of 64 Rohingya to the International Criminal Court, requesting the court to consider holding hearings in Bangladesh.]  On 16 March, Miranda Sissons, the inaugural Director of Human Rights for Facebook, posted an article on Opinio Juris announcing the launch...

[Stuart Ford is a Professor of Law at UIC John Marshall Law School. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021.] While there is much that could...

[Quazi Omar Foysal is a Lecturer in Law at American International University-Bangladesh (AIUB).] Introduction The atrocity crimes allegedly committed against Rohingyas in Myanmar have attracted unprecedented efforts to ensure justice and accountability at international and domestic levels. These efforts include but not limited to International Criminal Court (ICC), International Court of Justice (ICJ), two UN Human Rights Council bodies, an Argentine universal jurisdiction case, and several so-called military trials in Myanmar. Very...

The news from Myanmar since 1 February 2021 has been stark – the Myanmar military or the “Tatmadaw” has detained politicians and activists including Aung San Suu Kyi, declared a year-long state of emergency in which the senior general and head of the army, Min Aung Hlaing is essentially in charge of the country. There are reports coming in of force being used against...

[Srinivas Burra is an Assistant Professor at the Faculty of Legal Studies, South Asian University, New Delhi.]  Agreements facilitating humanitarian access to persons deprived of liberty play a significant role in promoting humanitarian principles in armed conflict situations. This post deals with the Memorandum of Understanding (MoU) between India and the International Committee of the Red Cross (ICRC) and the consequences of its non-compliance. Premised on the...

[Sheila Paylan is an international human rights lawyer and former legal advisor for the United Nations.] On 3 December 2020, the French National Assembly joined the French Senate in passing resolutions nearly unanimously calling on the French government to recognize the Nagorno-Karabakh Republic and use such recognition as an instrument of negotiations for the establishment of a sustainable peace. The French Parliament thus became the first...

[Lucy Geddes is an Australian human rights lawyer and is currently the head of Legal Action Worldwide’s Sri Lanka office.] On  19 November 2020, the Australian Chief of Defence Force announced the findings of Brereton Report which allege the existence of credible evidence of war crimes perpetrated by the Australian Defence Force in Afghanistan. The release of the Report, following a four year inquiry commissioned by the...

The International Court of Justice has just issued a press release, relating to the implementation of provisional measures orders before the court. This new development is important, and relates directly to The Gambia v Myanmar, before the court currently, and a case in which the ICJ has issued an order for provisional measures on 23 January 2020.  What’s new? First, a bit about the development. Based...