Posted on May 23, 2012 by Gentian Zyberi
The Prosecutor of the ICC, Mr Luis Moreno Ocampo, made a statement before the Security Council on 16 May 2012 with regard to the situation in Libya. For the full text of his statement click here. The full text of the third report of the OTP to the Security Council of the United Nations is [...]
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Posted on May 23, 2012 by Gentian Zyberi
In speaking about the Office of the Prosecutor’s (OTP) experience in respecting complementarity at the International Criminal Court ‐ Pacific Outreach Roundtable in Sydney, the Prosecutor-elect, Ms Fatou Bensouda stated that the Court will only do a few cases. She emphasized that conducting these cases according to the highest international legal standards is important. Ms [...]
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Posted on May 18, 2012 by Gentian Zyberi
In light of the strong impact that the amendments to the Regulations of the Registry could bring to the judicial proceedings of the Court, the Registry of the ICC has invited international law experts to provide their comments on these amendments. You may find the Regulations of the Registry with proposed amendments here: English | French Comments on [...]
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Posted on May 13, 2012 by Gentian Zyberi
The ICTY press releases related to these events are available here (24 April 2012) and here (27 April 2012). They are reproduced here below with some small changes. The Residual Mechanism has a roster of 25 judges who will serve both branches of the Mechanism as set out in the Statute. These judges were elected [...]
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Posted on May 3, 2012 by Gentian Zyberi
This is the title of a short working paper of mine recently published in the Oxford Transitional Justice Working Paper Series, which aims to provide an overall assessment of the transitional justice processes in the countries emerging from the violent break-up of the former Yugoslavia by focusing on the issues of reparations for victims of the [...]
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Posted on May 1, 2012 by Gentian Zyberi
Today the government of Libya, represented by Professor Philippe Sands QC, Professor Payam Akhavan and Ms Michelle Butler, filed a submission with the International Criminal Court (ICC) pursuant to Article 19 of the ICC Statute (click here for the full text). The application was brought under Article 19(2)(b) of the Rome Statute, to challenge the [...]
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Posted on May 1, 2012 by Gentian Zyberi
Through the Brighton Declaration adopted at the High Level Conference on the Future of the European Court of Human Rights meeting at Brighton on 19 and 20 April 2012 at the initiative of the United Kingdom Chairmanship of the Committee of Ministers of the Council of Europe the Member States of the European Convention on [...]
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Posted on April 27, 2012 by Gentian Zyberi
On 27 April 2012, the General Assembly and the Security Council of the United Nations elected Mr. Dalveer Bhandari as a Member of the International Court of Justice (ICJ), with immediate effect. Of Indian nationality, Mr. Bhandari succeeds Mr. Awn Shawkat Al-Khasawneh (Jordan), former judge and Vice-President of the Court, who resigned last year. Pursuant to [...]
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Posted on April 27, 2012 by Gentian Zyberi
* This post is based on the SCSL Press Release (Outreach and Public Affairs Office) of 26 April 2012 and includes only minor changes. Charles Ghankay Taylor, the former President of Liberia, was convicted on 26 April 2012 on all counts of an 11-count indictment which alleged that he was responsible for crimes committed by [...]
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Posted on April 17, 2012 by Gentian Zyberi
With thanks to Tamara Takacs for bringing this to my attention! ‘Human rights and EU crisis management operations: a duty to respect and to protect?’ Workshop organised by the T.M.C. Asser Instituut and the Centre for the Law of EU External Relations (CLEER) in cooperation with the Netherlands Defense Academy on 25 May 2012 at the T.M.C. Asser [...]
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Posted on April 4, 2012 by Gentian Zyberi
Introduction On 4 April 2012, Pre-Trial Chamber I issued its ‘Decision Regarding the Second Request by the Government of Libya for Postponement of the Surrender of Saif Al-Islam Gaddafi’. This is a short, but very interesting decision (nine pages long). In the dispositif, the Chamber rejected Libya’s Second Postponement Request and reiterated its request that [...]
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Posted on March 29, 2012 by Gentian Zyberi
* Prepared on the basis of ICJ Press Release No. 2012/13, 21 March 2012. The public hearings in the case concerning Questions Relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal) currently pending before the International Court of Justice (ICJ or Court) opened on Monday, 12 March, and concluded on Wednesday, 21 March 2012. [...]
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Posted on March 21, 2012 by Gentian Zyberi
(cross-posted from EJIL:Talk) This is a reply to the post by Marko Milanovic entitled ‘Judging Judges: A Statistical Exercise’. His starting point is a paragraph by Andrea Bianchi’s post ‘On Certainty’ which speaks about certainty in international law, based on the ICJ’s decision in the Jurisdictional Immunities of the State case. As Bianchi notes in [...]
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Posted on March 14, 2012 by Gentian Zyberi
* Based on the ICC Press Release ICC-CPI-20120314-PR776 of 14 March 2012 (available here) Trial Chamber I of the International Criminal Court (ICC) decided unanimously that Thomas Lubanga Dyilo is guilty, as a co-perpetrator, of the war crimes of conscripting and enlisting children under the age of 15 and using them to participate actively in [...]
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Posted on March 13, 2012 by Gentian Zyberi
Five judges of the International Criminal Court (ICC) were sworn in at a ceremony held at the seat of the Court in The Hague on 9 March 2012. Judges Howard Morrison (United Kingdom), Anthony T. Carmona (Trinidad and Tobago), Olga Herrera Carbuccia (Dominican Republic), Robert Fremr (Czech Republic) and Chile Eboe-Osuji (Nigeria) were elected by [...]
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Posted on March 5, 2012 by Gentian Zyberi
* Based on an ASIL announcement of 1 March 2012. Call for Scholarly Papers ASIL Research Forum The American Society of International Law calls for submissions of scholarly paper proposals for the ASIL Research Forum to be held at the University of Georgia School of Law on October 20-21, 2012. The Research Forum, a Society [...]
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Posted on March 1, 2012 by Gentian Zyberi
Trial Chamber I of the International Criminal Court (ICC) will deliver its decision in the Thomas Lubanga Dyilo case in a public hearing on 14 March 2012 at 10.00 a.m. (The Hague local time). More information on the Lubanga case can be accessed here. The Special Court for Sierra Leone will deliver its judgment in [...]
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Posted on February 28, 2012 by Gentian Zyberi
Over the last few months there have been a number of decisions by the ICTY in cases involving contempt of the Tribunal. Cases of contempt of the Tribunal fall under Rule 77 of the ICTY Rules of Procedure and Evidence, entitled ‘Contempt of the Tribunal’. Part of this Rule, which has been amended several times [...]
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Posted on February 22, 2012 by Gentian Zyberi
In November 2011, the Registry of the ICC requested Trial Chamber I instructions on victim’s applications for participation and reparations in the Lubanga case. The Registry had received 27 new applications to participate in the proceedings and 25 new applications for reparations, which appeared to be linked to the case. Trial Chamber I issued its [...]
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Posted on February 10, 2012 by Gentian Zyberi
On 26 January 2012 the European Court of Human Rights held its annual press conference. On this occasion, Sir Nicolas Bratza, the President of the Court, presented a summary of the Court’s activities and its statistics for 2011. Among others he said that the European governments must assume their part of the shared responsibility for [...]
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Posted on February 10, 2012 by Gentian Zyberi
On 4 November 2011, the International Humanitarian Law Clinic at Emory Law School convened a group of well-known military operational law experts with extensive experience in applying and enforcing IHL. The meeting was convened to analyze the broader legal issues in and implications of the recent judgment of the International Criminal Tribunal for the former [...]
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Posted on February 6, 2012 by Gentian Zyberi
Judge Peter Tomka (Slovakia) was elected President of the International Court of Justice (ICJ) by his peers and Judge Bernardo Sepúlveda-Amor (Mexico) was elected Vice-President, each for a term of three years. Their biographies can be accessed here and here. Congratulations and best of luck to them with these important functions! The composition of the [...]
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Posted on February 3, 2012 by Gentian Zyberi
The International Court of Justice (ICJ or Court) issued its eagerly-awaited judgment in the case Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening). This judgment basically holds that Italy has violated its obligation to respect the immunity enjoyed by Germany under international law. Here below follows the Court’s Press Release No. 2012/7 with [...]
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Posted on February 2, 2012 by Gentian Zyberi
Election of the successor to Judge Al-Khasawneh (Jordan) fixed for 27 April 2012 The United Nations Security Council has fixed Friday 27 April 2012 as the date for the election, by the Security Council and the General Assembly, of a successor to Mr. Awn Shawkat Al-Khasawneh, former judge and Vice-President of the International Court of [...]
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