Public International Law

[David M. Crane was the Chief Prosecutor of the Special Court for Sierra Leone from 2002 until 2005.] I have had the rare privilege of being one of four individuals to actually found an international tribunal, literally from the ground up, and manage it to success. The international war crimes for West Africa, called the Special Court for Sierra Leone, has been taunted as one...

[Luis Moreno Ocampo is the Founding Chief Prosecutor of the ICC (2003-2012)]. In late 2020, the third International Criminal Court (ICC) Prosecutor will be appointed. One thing is certain: she/he will face new challenges. Should the new Prosecutor open an investigation in Venezuela? Or against British personnel in Iraq? Burundi, Philippines or Georgia? What should be the focus of the Afghanistan and Palestine investigations? At the beginning of...

[Martin Scheinin is a Professor of International Law and Human Rights at European University Institute and a former UN Special Rapporteur on Human Rights and Counter-terrorism.] Earlier contributors have highlighted that in addition to permissible restrictions (or limitations) upon human rights, applicable in perfectly normal situations, some human rights treaties also allow for the more far-reaching option of a State to derogate from some of its obligations...

[Fabricio Guariglia is Director of Prosecutions, Office of the Prosecutor, International Criminal Court. The opinions in this article are solely the author’s and should not be attributed to the Office of the Prosecutor or the International Criminal Court.] As we move further into the uncertain, our offices turned virtual, our children at home, our social habits transformed, our concerns for ourselves and others guiding our daily routines,...

[Douglas Guilfoyle is Associate Professor of International and Security Law at UNSW Canberra.] I have been asked to write on taking teaching online during the coronavirus pandemic. Others are much better qualified to speak on the topic (see some great resources here from Joe McIntyre and here from Kate Galloway), but I do have the possible advantage of having taught only in face-to-face formats until last year when...

[Tim Fish Hodgson is a Legal Adviser on Economic, Social and Cultural Rights, International Commission of Jurists. Ian Seiderman is the Legal and Policy Director of the International Commission of Jurists.] The first part of this post looked at the general obligations of the right to health in the context of the COVID-19 crisis, including in relation to the private sector. We now turn to the...

[Tim Fish Hodgson is a Legal Adviser on Economic, Social and Cultural Rights, International Commission of Jurists. Ian Seiderman is the Legal and Policy Director of the International Commission of Jurists.] In evaluating the existing or potential human rights consequences of the varied State responses to the COVID-19 pandemic, a great deal of attention has been focused on the question of limitations or emergency-based derogations to human rights protections...

[Elizabeth Stubbins Bates is a Junior Research Fellow in Law at Merton College, University of Oxford.] In the shock and fear of the COVID-19 pandemic, colleagues have begun to reflect on international human rights law’s continued importance: with analyses of due diligence, the right to life and right to health; derogations under the European Convention of Human Rights (ECHR) (also see page...

[Martins Paparinskis is Reader in Public International Law at University College London, Faculty of Laws.] ‘Is COVID-19 also disrupting the foundations of international law?’ The cliché on the topic safely out of the way in the first sentence, let me say that I will not add to discussion of how international law shapes possible responses in technical and institutional terms, nor will I say anything about...

[Pedro A. Villarreal is a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law.] The WHO's Oversight of the IHR's Obligations – Still No Health Police As explained in the previous post, the WHO cannot invoke legal responsibility when states breach the IHR. Reports of non-compliance have been presented at the World Health Assembly – without further action....

[Pedro A. Villarreal is a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law.] In what is now an omnipresent claim, the coronavirus (SARS-CoV-2) pandemic currently rages throughout the globe. The epidemiological situation changes on a daily basis, often in dramatic fashion. Such fast-paced dynamism also encompasses the measures adopted by domestic authorities – for which there is a very...

[Philippe Sands is a Professor of Law at University College London and a barrister at Matrix Chambers.] The birth and transmission of the Sars-Cov-2 virus, and the COVID-19 illness it generates, and the response to it - are matters for international law. The full consequences will emerge over time, but certain observations may be proposed. It is plain that the health...