The International Criminal Court decides on confirmation of charges against Congolese “warlords”

On Friday 26 September the International Criminal Court issued the decision on the confirmation of charges in the case of “The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui”. The two militia leaders Katanga and Ngudjolo Chui are accused of having led an attack in 2003 on a village in the North East of Congo. [...]

Max Planck Encyclopedia of Public International Law

In early September, the Max Planck Institute for Comparative Public Law and International Law (in co-operation with Oxford University Press) launched the new edition of the Max Planck Encyclopedia of Public International Law (MPEPIL). It is an updated, comprehensive work covering the central and essential topics in international law. The project was initiated in 2004 [...]

African Commission criticised for failing to institute African Court

The leading international NGO working to secure rights for ethnic, religious minorities, Minority Rights Group International, published a new report (and the Press Release) on the African Court on Human and Peoples’ rights which has yet to hear a case ten years after the African Unity’s summit signed the Protocol in Burkina Faso founding it [...]

The Environment and Rights

More than 35 years after the publishing of Christopher Stone’s epic essay (at least for environmental lawyers) Should Trees Have Standing? Toward Legal Rights for Natural Objects (45 S. Cal. L. Rev. 1972) it looks as if Stone’s pleadings have been heard. At least in Ecuador, which yesterday approved the country’s 20th constitution. The approved [...]

Prosecutors of international courts

This week’s “Clip of the Week” is the speech from the current chief prosecutor at the International Tribunal for the former Yugoslavia, Serge Brammertz, held at a conference entitled “2nd Annual International Humanitarian Law Dialogs” on 25-26 August 2008. The conference was co-sponsored by the Robert H. Jackson Center. The event saw the gathering of nine prosecutors [...]

Feldman on the International Order

In today’s New York Times, Harvard Professor Noah Feldman has an interesting piece on the role of the US Supreme Court in the shaping of US foreign policy. Feldman examines the question of what role the US constitution and the Supreme Court play in the international order and discusses the two prevailing approaches within the [...]

70th Anniversary of the Infamous Munich Agreement

The Munich Agreement (Münchner Abkommen) concluded at Munich, September 29, 1938, between Germany (Adolf Hitler), Great Britain (Neville Chamberlain), France (Edouard Daladier) and Italy (Benito Mussolini) has become one of the most controversial international treaties signed in the twentieth century. It raised endless debates and controversies among, in particular, international legal scholars on whether the Agreement [...]

Israeli occupation forces and settlers join arms to continue land expropriations in the occupied Palestinian territories

The major NGO for information on the human rights situation in the occupied Palestinian territories, Btselem, notes that the blocking of access surveyed in its new report is not to be viewed in isolation, but as part of a body of prohibitions, restrictions, oppressive means, and theft of land imposed on Palestinians who are under [...]

New Council of Europe memorandum confirms that UK immigration detention system violates human rights

The Commissioner for Human Rights of the Council of Europe, Thomas Hammarberg has published his memorandum on the UK asylum and immigration system with a number of notable conclusions and recommendations. Amongst many other points, the memorandum attacks head-straight the lack of a legal framework regarding detention of asylum seekers in “Fast Track Processes”, proceedings [...]

Coastal State Regulation of Marine Shipping (Symposium, 30-31 October 2008, University of Tromsø, Norway

The programme for the conference is found at this link: http://uit.no/jus/7237/13

International Criminal Tribunal for Rwanda sentences former Rwandan prosecutor to life imprisonment

Yesterday, the International Criminal Tribunal for Rwanda (ICTR) sentenced Siméon Nchamihigo to life in prison for acts committed during the Rwanda genocide in 1994 (see press release). The third Trial Chamber of the Tribunal found him guilty of genocide, extermination, murder and other inhumane act as crimes against humanity. The case is of particular importance [...]

New NGO report on human rights violations in North Korea

A report by the Committee for Human Rights in North Korea, a human rights NGO based in the US, and the US law firm DLL Piper LLP, from 19 September, draws attention to continued human rights violations by North Korea (the report can be found here). The report also calls on the UN General Assembly [...]

U.S. and the Czech Republic Sign SOFA Treaty on Anti-Missile Radar Base

On Friday, September 19, 2008, after an informal meeting of NATO members’ defence ministers, the U.S. Secretary of Defense Robert Gates and the Czech Defence Minister Vlasta Parkanova signed SOFA treaty (Status of Forces Agreement) on the conditions of the presence of the U.S. military troops in the Czech territory in connection with the planned [...]

UN Special Envoys on Climate Change

The Secretary-General of the United Nations announced today that he was appointing two new Special Envoys on Climate Change: Festus Mogae, former President of Botswana, and Srgjan Kerim, former Foreign Minister of the former Yugoslav Republic of Macedonia. The role of the Special Envoys will be to support the Secretary-General in his efforts to promote [...]

New authors on International Law Observer

We are glad to announce that our team of authors has been further reinforced. Ole Windahl Pedersen is a Ph.D. student from Aberdeen who is about to take up a position as lecturer with Newcastle Law School, University of Newcastle. He will mainly be covering the areas of international and European environmental law and international [...]

Fading influence of the US Supreme Court

It appears that it is not only the EU whose authority is fading. Today’s NY Times has a very interesting story on the influence of the US Supreme Court, which is well worth a read. The article states that the number of citations of US Supreme Court cases in other jurisdictions is in decline compared [...]

A Year for Europe? Maybe not

Following James’ post on the 63rd session of the General Assembly opening this week, it is worth taking a look at the report A Global Force for Human Rights? published this week by the think tank European Council on Foreign Affairs. The Report, authored by Richard Gowen and Franziska Brantner, argues that Europe faces a [...]

Free Advice to Law Students

It is not very often that one of the most eminent and powerful lawyers in the US offer free advice to law students. That is, however, what Justice Scalia of the US Supreme Court did the other evening when speaking to the Federalist Society. Apart from criticising the eminent Chicago Law School for having lost [...]

Deferral of Bashir’s prosecution imminent?

According to a story that was published by The Guardian already on Sunday, 14 September, the Security Council may “ask” for a deferral of the prosecution of the Sudanese President Omar al-Bashir pursuant to Art. 16 of the Rome Statute. Good or bad? In a last-ditch attempt to prevent ICC judges from issuing an arrest warrant [...]

Conference: The Rule of Law and the Global War on Terrorism: Detainees, Interrogations, and Military Commissions

Thanks to Martin Wisneski for drawing my attention to this conference: The Rule of Law and the Global War on Terrorism: Detainees, Interrogations, and Military Commissions, November 13-14, 2008 Sponsored by the Washburn University School of Law Center for Law and Government and the Washburn Law Journal The United States Constitution was founded on the [...]

63rd session of General Assembly opens

The 63rd session of the United Nations General Assembly will open tomorrow (16 September 2008) in New York. As part of its lengthy agenda, the Assembly will debate topics under the headings of the maintenance of international peace and security, the promotion of economic growth and sustainable development, development in Africa, the promotion of human [...]

Luis Moreno-Ocampo and the criticism that just will not silence

Just a short while ago we reported on the harsh criticism that recently has been aimed at the Prosecutor of the International Criminal Court, Luis Moreno-Ocampo (see this post). Today Joshua Rozenberg, law commentator for inter alia the BBC and The Daily Telegraph, fired another shot at the Prosecutor once again calling for his resignation. [...]

The ECJ’s Kadi judgment facilitates the review of international law for compliance with fundamental rights

The European Court of Justice handed down its decision in the Kadi and Al-Barakaat joint cases on 3 September 2008.[1]  After reviewing the treatment of the case by the Court of First Instance with considerable attention, the Court divided its conclusions into three separate but interdependent issues: (i) the Council’s competence in adopting the regulation [...]

Roman Herzog: “Stop the European Court of Justice”

This is the appeal stated by Lüder Gerken, director of the Centre for European Policy, and Roman Herzog, former President of Germany and former judge at the German Federal Constitutional Court. They illuminate their reasons behind this rather radical-sounding position in an article published in the German newspaper Frankfurter Allgemeine Zeitung from the 8 September. An [...]