Asia-Pacific

[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...

[Pranay Lekhi is a Legal Advisor – Not Admitted UK – at Allen & Overy, London. He graduated first-class from the University of Cambridge with a specialization in International Law. Views are strictly personal.] On October 7 2020, the Supreme Court of India held that public places cannot be occupied indefinitely while exercising the right to peacefully protest (para 17). The judgement has...

[Eve Massingham is a Senior Research Fellow with the School of Law at The University of Queensland.] Over the coming months there will be considerable attention, both in Australia and internationally, on the findings of the Brereton Inquiry into crimes alleged to have been committed by Australian special forces operating in Afghanistan between 2005 and 2016. The report specifically identifies 19...

[Riddhi Joshi is a published author and a student in the final year of her law programme from Symbiosis Law School.] The border skirmish between India and China led to escalating tensions in the region. Numerous diplomatic and military-level talks have failed to ease the stand-off as both parties are keen on strengthening their geopolitical position. India’s fresh move to ban 118 apps of Chinese origin...