Illegal settlements and property rights under regimes that violate international law

Some very interesting papers have recently been made public by Yael Ronen, who specialises in the fields of international humanitarian and human rights law in the OPT. She has made a number of substantive contributions in her recent work on previously untrodden grounds. All three of her relatively recent papers are (from an objective perspective) [...]

ECOWAS Ruling against Slavery

Although last year saw the marking of the bicentennial of the Abolition of the Slave Trade Act, slavery sadly remains a widespread problem in many countries. This week, however, the Community Court of Justice for the Economic Community of West African States (ECOWAS) found that the government of Niger did not do enough to protect [...]

Kenyan Commission Recommends an International Crimes Tribunal

The Commission of Inquiry into Post-Election Violence (CIPEV) established to investigate the violence witnessed after the 27 December 2007 elections in Kenya officially presented its much-anticipated report to President Mwai Kibaki and Prime Minister Raila Odinga on 15 October 2008. The CIPEV, or Waki Commission, was vested with a mandate to ‘investigate the facts and [...]

The Occupation of the Gaza Strip and the continued renouncement of responsibility

A recent judgment of the Israeli Supreme Court in the case of HCJ 10265/05 Physicians for Human Rights v Defense Minister (judgment of 7 October 2008) reexamines a number of questions concerning not only the status of the Gaza Strip and Israel’s obligations towards the local population. Equally, the Court’s reluctance to address the violations [...]

No Impunity for Toxic Dump

It is often asserted that developing countries lack the manpower and expertise to enforce environmental and health laws contributing to a “race to the bottom” in which companies and enterprises from the developed world flock to set up businesses under lax regulation and enforcement in the developing countries. Although such assertions are probably overstated, the [...]

Another take on Soering: House of Lords upholds state responsibility for denial of family life upon expulsion

On 22 October, the House of Lords upheld the appeal, in EM (Lebanon) v Secretary of State for the Home Department [2008] UKHL 64, where a mother sought to challenge her removal to Lebanon on the grounds that it would generate a “flagrant denial of her right to family life” under Article 8 ECHR (and [...]

ICC Appeals Chamber: Lubanga won’t be released (… yet)

Yesterday the Appeals Chamber of the ICC delivered two judgments with regard to appeals of the prosecutor against decisions of the Trial Chamber in the case of Mr Lubanga Dyilo (we reported on this case earlier here, and here). The first judgment concerned an appeal against the Trial Chamber’s decision on the release of Thomas [...]

Amnesty briefs UN CAT about Israel’s human rights violations in the OPT

Amnesty International has submitted a briefing to the Committee Against Torture in view of its consideration of Israel’s fourth periodic report on its implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The briefing focuses on Amnesty International’s concerns about Israel’s failure to implement the Convention against Torture particularly [...]

A New World Order Take Two

We have previously blogged about the effect of the current financial crisis on the influence of western countries and whether the crisis will change current power balances. Today’s NY Times has a good story on how the financial crisis, as it slowly makes its way into the real economy, affects countries like Russia, Iran and [...]

EU loosens sanctions against Belarus and Uzbekistan

The EU’s external relations with third countries have always offered excellent object lessons with respect to the omnipresent tension between the promotion of the EU’s essential moral values and the political and economic interests of its Member States. Most recent evidence to this effect can be found in the 2897th External Relations meeting of the [...]

Positive vote for the new Ecuadorian Constitution confirmed – a brief review

On October 13th, the Highest Electoral Tribunal of Ecuador announced that the new Ecuadorian Constitution has been approved in the referendum held on September 28th.  With 63.93 per cent of the votes in favor compared to 28.1 per cent of the votes against the new constitution was clearly endorsed by the people. With the official confirmation [...]

Provisional Measures Indicated in Georgia v. Russia

Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation) Yesterday, 15 October, the International Court of Justice read during a public sitting its judgment on the request of Georgia to indicate provisional measures with regard to the situation in South-Ossetia. Due to the narrow vote it [...]

Darfur and the International Criminal Court: Some Jurisdictional Issues

The International Criminal Court (ICC), dubbed by one leading commentator, William Schabas, as ‘arguably the most significant international organization to be created since the United Nations’, has ushered in a new era in the protection of human rights. The Rome Statute of the ICC puts in place individual criminal liability for those responsible for the [...]

The Role of Non-Governmental Organisations

Without having read the report discussed by Valentina below, her post raises (apart from bringing to mind David Kennedy’s excellent paper The International Human Rights Movement: Part of the Problem? to mind) an interesting and in international law debates often overlooked issue of legitimacy of non-state actors. In this case that of non governmental organisations [...]

Report on NGO “Lawfare” in the Palestine/Israel conflict

The report, published by NGO Monitor, is an unprecedented source that should however be read attentively with a critical eye towards its evidently biased perceptions of the situation in the region. Less fortunately, it is clear that the report puts greater weight on the underlying critique that it has endeavoured to submit against the activities [...]

A New World Order?

Philip Stephens has a very interesting and to the point op-ed in yesterday’s Financial Times in which he speculates whether the current world-wide financial crisis signals the beginning of a new world order. Stephens argues that, in addition to the moral corrosion of western values which started with the Iraq war, the current financial crisis, [...]

New author on International Law Observer

With an entry on the upcoming advisory opinion on the legality of Kosovo`s independence a new author, Maja Smrkolj, has made her debut here on International Law Observer. Maja is a research fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany. Her areas of expertise are mainly the various fields of [...]

No lessons learned: Israeli military plans to intensify the use of indiscriminate and disproportionate force in its next armed conflict

In a recent interview (reported in the Israeli paper Ha’aretz) conducted with the a new military commander at the Israeli Defense Forces (IDF) it was discovered that in spite of the military’s grave failures in the war with Lebanon in the summer of 2006 and the extensive critique it received both nationally and internationally, the [...]

ICJ to Give Advisory Opinion on the Legality of Kosovo`s Independence

Yesterday, the UN General Assembly by 77 votes in favor, 6 votes against and 74 Member States abstaining backed Serbia’s proposal to submit the question of the legality of Kosovo’s independence to the International Court of Justice (ICJ).  According to the resolution the ICJ will thus have to give an opinion on whether “the unilateral [...]

Hail to the Chief

Tomorrow the European Parliament is expected to approve a motion tabled by the Committee for Constitutional Affairs, which will adopt a flag, an anthem and a motto for the Union. Not surprisingly, the flag will be the well-known blue banner with the twelve stars. Equally unsurprising, the anthem will be based on the ‘Ode to [...]

Senator McCain and Senator Obama on humanitarian intervention

With hardly one month until the 2008 presidential election in the US, yesterday’s second debate between Senator McCain and Senator Obama was a rather unspectacular event, at least from a substantive political point of view. There was little the average follower of the presidential election hadn’t heard already. However, from the perspective of international law [...]

Human Rights and Business: Global Witness v. Afrimex (UK) Ltd.

UK National Contact Point under the OECD Guidelines for Multinational Enterprises delivered in late August an important decision in Global Witness v. Afrimex (UK) Ltd.  Global Witness alleged that Afrimex paid taxes to rebel forces in the Democratic Republic of Congo and employed insufficient due diligence on the supply chain, sourcing minerals from mines that [...]

Heller on the OTP of the ICC

For those with an interest in international criminal law Professor Jon Heller of University of Auckland has posted a highly recommendable paper on SSRN titled “Situational Gravity Under the Rome Statute”. In it, Heller criticises the Office of the Prosecutor (OTP) for the ICC and the way it decides which cases receives its attention. Heller [...]

In the Name of Human Rights Education

Thomas Hammarberg, Human Rigts Commissioner of the Council of Europe, yesterday released a call for more human rights education in schools. The call rests on the premise that human rights become more effective when people are actually aware of them. This seems a fair and perhaps rather evident idea. However, I am not sure Hammaberg [...]

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