In association with the International Commission of Jurists

ICJ Tag

28 Sep

[Jinan Bastaki is Associate Professor of Legal Studies at New York University, Abu Dhabi.] The International Court of Justice’s proceedings in Alleged Breaches of Certain International Obligations in Respect of the Occupied Palestinian Territory (Nicaragua v. Germany) raise questions that extend well beyond the immediate dispute between the two States. At their core is the question of when international law can hold one...

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28 Sep

[Zsuzsanna Deen-Racsmány holds a Ph.D. in public international law from Leiden University. She is an independent researcher and has worked, inter alia, at Leiden University and the University of Amsterdam, and been a rapporteur for Oxford International Organizations. You can contact her via email.] Introduction This post concludes a series of three. Following an introduction that described the parse mention in the...

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28 Sep

[Zsuzsanna Deen-Racsmány holds a Ph.D. in public international law from Leiden University. She is an independent researcher and has worked, inter alia, at Leiden University and the University of Amsterdam, and been a rapporteur for Oxford International Organizations. You can contact her via email.]  Introduction This post is the second in a series of three in which I advocate for reconsideration of...

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28 Sep

[Zsuzsanna Deen-Racsmány holds a Ph.D. in public international law from Leiden University. She is an independent researcher and has worked, inter alia, at Leiden University and the University of Amsterdam, and been a rapporteur for Oxford International Organizations. You can contact her via email.] Introduction Contrary to the earlier genocide cases before the International Court of Justice (ICJ or the Court) against...

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21 Sep

[Beatrice Njeri is a human rights lawyer, an Advocate of the High Court of Kenya and Regional Litigator for Africa at the Global Strategic Litigation Council. Maria Jose Alarcon is an Assistant Editor for Opinio Juris. She writes in her personal capacity. The views expressed in this post are her own and do not represent those of the Climate Litigation Network (CLN)...

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14 Sep

[His Excellency Filipo Tarakinikini is the Permanent Representative of the Republic of Fiji to the UN. He has spent more than two decades as an infantry officer and then another two in United Nations service.  Geert-Jan Alexander Knoops is a professor by special appointment of Politics of International Law at the University of Amsterdam and defence counsel before the ICC, having...

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10 Aug

[Olivera Simić is a Professor with the Griffith Law School, Griffith University] In this piece, my main question is: if the future of international law is domestic, then who guarantees that domestic courts apply universal jurisdiction and enforce international standards in their proceedings? Here, I reflect on some differences that may arise when prosecuting international crimes under the principle of universal...

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10 Aug

[Antonia Mulvey is a British lawyer, and the founder and executive director of Legal Action Worldwide.] International law, international justice institutions, and human rights are under extraordinary pressure as conflicts are increasing and displacement is at record levels. Using the law to protect rights and demand justice has rarely been more important, or more difficult. The Rohingya accountability effort shows both the possibilities and the limits of...

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07 Aug

[Quazi Omar Foysal is a Bangladeshi-qualified international lawyer, currently pursuing a PhD at La Trobe University, Australia] While deliberating on the Provisional Measures Order in the Sudan Genocide case, the International Court of Justice (“ICJ” or “Court”) devoted most of its attention to the UAE's reservation to Article IX of the Genocide Convention. Although the Court’s finding of a manifest lack of jurisdiction relieved it...

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18 Jul

[Terje Einarsen is Professor of International Law at the University of Bergen, former Judge at Gulating Court of Appeals and Chairperson of the Norwegian Section of International Commission of Jurists] Part I of this post discussed the institutional and political context for the upcoming ASP meeting. It also considered issues of due process and argued that the front door to removal and suspension through...

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23 Jun

[Mehmet Emin Büyük is an Assistant Professor of Public International Law in the School of Law at Ibn Haldun University. His research lies primarily in the field of general international law, with a particular emphasis on the doctrine of sources, international legal theory and history, and the judicial methodology of the International Court of Justice] Introduction Combined, the ongoing devastation in Gaza and the...

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10 Jun

[Lavinia Stoppani is a recent graduate of the LL.B. programme in International and European Law at the University of Groningen, with research interests in environmental law and treaty interpretation] Introduction In a dissenting opinion to the 1977 Gabčíkovo-Nagymaros case, Judge Herczegh argued that where uncertainty exists between short term economic loss and potentially irreversible environmental harm, the latter ought to carry greater weight;...

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