In association with the International Commission of Jurists

Courts & Tribunals

22 Dec

[Audrey Wabwire is A Nairobi-based media manager at Human Rights Watch.] What’s the path to justice after years of conflict, during which widespread atrocities were committed? This is a question that South Sudan, the world’s youngest country, confronts. After nearly seven years of conflict ended with the signing of a peace deal in September 2018, South Sudan finally established a transitional national unity government earlier this...

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22 Dec

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...

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18 Dec

[Clive Baldwin is a Senior Legal Advisor for the legal and policy office at Human Rights Watch.] UK nationals committed abuses in Iraq after 2003 on a significant scale. The International Criminal Court’s Office of the Prosecutor (OTP) Final Report on the UK and Iraq on December 9 is the latest official report to find that members of UK armed forces subjected Iraqi detainees to abuse,...

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12 Dec

In my previous post, which was quite critical of the OTP's decision not to seek authorization to investigate British war crimes in Iraq, I made two central points. The first was that, pursuant to the Afghanistan appeals judgment, the OTP would not have needed to present the Pre-Trial Chamber (PTC) with information concerning complementarity and the PTC would not have...

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11 Dec

[Andreas Schueller is the Director of the International Crimes and Accountability Program at the European Center for Constitutional and Human Rights.] On 9 December 2020, the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) in The Hague announced its decision to close the preliminary examination into alleged war crimes by British troops in Iraq between 2003 and 2009. The OTP explained...

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11 Dec

[Beth S. Lyons has been a criminal defence attorney for more than 30 years, practicing almost exclusively in Legal Aid programs in New York City (trial and appellate levels) and in the international courts and tribunals; she currently is one of the counsel representing Mr. Dominic Ongwen.] As a criminal defence attorney at the International Criminal Tribunal for Rwanda (ICTR), and...

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24 Nov

A few days ago, I had the pleasure of giving an online lecture for the Iranian Center for International Criminal Law about the relationship between the US and the ICC. In the lecture, I trace the evolution of the US-ICC relationship and try to predict what that relationship will look like under President Biden. I also speculate about why Trump has...

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23 Nov

[Lys Kulamadayil is a SNSF Post-Doctoral Research Fellow at the Amsterdam Center for International Law.] Is the handshake between men and women a protected social practice under the German constitution and if so, should persons who refuse to shake hands be denied citizenship? A recent judgment by the Administrative Court of Baden-Württemberg affirming German authorities’ decision to deny a Muslim man German citizenship...

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23 Nov

[Justin M. Loveland is a freelance legal consultant in public international law, transitional justice, and international human rights, currently working as Senior Legal Consultant to the Truth, Reconciliation and National Unity Commission of Seychelles.] For the perhaps small percentage of the world that can place Seychelles on a map, the 115 islands northeast of Madagascar form a paradisiacal archipelago of white sandy beaches whose main offerings...

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23 Nov

[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...

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21 Nov

[Parisa Zangeneh is a PhD student at the Irish Centre for Human Rights, National University of Ireland, Galway, where she is a recipient of the Hardiman Scholarship.]   The Independent Expert Review and themes of trust and tenure In Friday’s EJIL:Talk post on the Independent Expert Review (IER, the Report), Professor Guilfoyle raises a number of important issues about the health of the...

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