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14 Mar

[Steven Kay QC is Head of Chambers at 9 Bedford Row. He has appeared as leading counsel in many significant international criminal trials (Tadić, Milošević, Musema, Gotovina, Kenyatta) and Joshua Kern is a Barrister at 9 Bedford Row. He has defended clients at the ICC (Kenyatta), the Extraordinary Chambers in the Courts of Cambodia (ECCC) (Ieng Sary), and the International Criminal...

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13 Mar

The Philippines' withdrawal from the ICC becomes effective this Saturday, March 17. There are domestic legal proceedings underway that have the potential to nullify the withdrawal. But if the withdrawal goes forward, we are faced with an important question: what happens to the OTP's preliminary examination? This is, of course, Burundi redux. In that case, the OTP preserved its ability to...

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12 Mar

Jean-Pierre Bemba, recently finally acquitted by the Appeals Chamber, dropped quite the legal bombshell last night on the ICC: he is demanding nearly €70,000,000 from the Court -- €22,000,000 in compensation for the 10 years he spent in detention; €4,000,000 in legal fees; and €42,400,000 for the economic loss he has suffered as a result of the Court's mismanagement of property it...

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10 Mar

Dhruv Sharma and Utkarsh Srivastava kicked off the week with an analysis of India’s legal justification of “non-military preemptive action” for the Balakot airstrikes, which included a robust discussion on the law of self-defense. Livio Zilli, a Senior Legal Adviser and UN Representative at the International Commission of Jurists, provided a detailed analysis of the UN Human Rights Committee’s General Comment...

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08 Mar

[Srinivas Burra is an Assistant Professor at the Faculty of Legal Studies, South Asian University, New Delhi.]  Recent military strikes between India and Pakistan merit analysis to assess their legality under international law. As discussed (here and here), they have relevance to the discussions on the legality of the use of force, particularly in relation to the emerging debates on the...

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07 Mar

[Alexandra Lily Kather is a Legal Advisor at ECCHR’s International Crimes and Accountability Program. Anne Schroeter is a Legal Advisor at ECCHR’s International Crimes and Accountability Program. This post represents the personal views of the authors and does not necessarily reflect the views of the European Center for Constitutional and Human Rights. This is Part II of a two-part post.] This change of course...

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07 Mar

[Alexandra Lily Kather is a Legal Advisor at ECCHR’s International Crimes and Accountability Program. Anne Schroeter is a Legal Advisor at ECCHR’s International Crimes and Accountability Program. This post represents the personal views of the authors and does not necessarily reflect the views of the European Center for Constitutional and Human Rights. This is Part I of a two-part post.] With ISIL’s territorial control...

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06 Mar

Livio Zilli is a Senior Legal Adviser & UN Representative at the International Commission of Jurists. Background Abortion is a highly safe and reliable medical procedure when performed by skilled health care providers in sanitary conditions. In contrast, “illegal” abortions, performed without safeguards, are generally unsafe and lead to high rates of complications and to maternal deaths and morbidity. Some 47,000 women...

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06 Mar

[Dhruv Sharma is an LLM Candidate and a Chevening Cambridge Trust Scholar at the University of Cambridge. He is an alumnus of the National Law University, Delhi. Utkarsh Srivastava is an Advocate practising in the Courts and Tribunals in India. He is an alumnus of the National Law University, Delhi.] Prologue On 14 February 2019, a dastardly terrorist attack was carried...

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04 Mar

The FAO has asked me to post the following advertisement for five positions with the organization. Three are based at FAO headquarters in Rome; the other two are in Addis and Dakar. We are currently recruiting for five positions; the announcements are posted here. The posts are in: Development Law Branch, which undertakes normative work and supports Member States in developing their legislation...

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03 Mar

It was a busy week on Opinio Juris. Julian Ku kicked things off with an interesting post on the legal ramifications of the status of the “Memorandum of Understanding” (MOU) between the US and China on trade matters. Scholars and students of the law of treaties and the WTO will be especially interested in Julian’s post. Alonso Gurmendi contributed a thought-provoking piece...

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