International ‘Global Spring’ Assembly releases manifesto in preparation for mass world-wide protests

Global May Manifesto As hundreds of thousands of people around the world prepared to take to the streets throughout May 2012 as part of a global call for change, the International ‘Global Spring’ Assembly released its first statement describing concrete suggestions for a ‘global change’. 11th May 2012 – Published by Occupy London As hundreds [...]

Russia calls on ICC to consider NATO air campaign in Libya

MOSCOW, May 18 – . Russia hopes that the International Criminal Court will assess all of the NATO bombardments in Libya that resulted in civilian casualties, Foreign Ministry Commissioner for Human Rights and Democracy Konstantin Dolgov said on Friday. He added that Russia has closely studied Human Rights Watchs report, “Unacknowledged Deaths: Civilian Casualties in [...]

Mladic to face genocide charges

Ratko Mladic led ethnic cleansing, war crimes trial told BBC’s Mike Wooldridge: “The prosecutor said Ratko Mladic was implementing a plan to exterminate non-Serbs” Former Bosnian Serb army commander Ratko Mladic intended to “ethnically cleanse” Bosnia, the opening day of his war crimes trial has heard. Gen Mladic faces 11 counts of war crimes and [...]

Salma Yusuf, Human Rights and The Environment – A View from the European Court of Human Rights

TITLE OF ESSAY : HUMAN RIGHTS AND THE ENVIRONMENT – A VIEW FROM THE EUROPEAN COURT OF HUMAN RIGHTS AUTHOR OF ESSAY: SALMA YUSUF BASED ON A PAPER PUBLISHED AT UNITED KINGDOM ENVIRONMENTAL LAW ASSOCIATION EXECUTIVE SUMMARY The paper is set within the context of the emerging discourse on environmental security and sustainable development. It [...]

Opening Remarks to The Editorial Team and Members of International Law Observer by Salma Yusuf

Greetings to fellow members of the international legal community representing the diverse jurisdictions and legal systems of the world! It is both a pleasure and a privilege to be welcomed to the distinguished Panel of Authors of the Editorial Team at the International Law Observer. Thank you, Dominik Zimmerman, Editor-in-Chief of the International Law Observer, [...]

The Transitional Justice Process in the Former Yugoslavia: Long Transition, yet not Enough Justice

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 [...]

Brighton Declaration Adopted at the High Level Conference on the Future of the European Court of Human Rights

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 [...]

Disingenuous ‘Disengagement’: Israel’s Occupation of the Gaza Strip and the Protective Function of the Law of Belligerent Occupation

Cross-posted from Opinio Juris. —– This is the third post of our Symposium on the Functional Approach to the Law of Occupation. Earlier posts can be found in the Related Links at the end of this post. By far one of the most challenging questions for the international law of belligerent occupation pertains to the termination of [...]

‘Human rights and EU crisis management operations: a duty to respect and to protect?’

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 [...]

Beyond International Human Rights Law: CERD’s Holistic Legal Approach

Some discussion has taken place with regards to whether human rights treaty bodies along with the Human Rights Council, all part of the United National human rights machinery, apply and develop international humanitarian law in time of armed conflict and occupation, in concurrence with international human rights law (IHRL). Even less, if any, discussion has been [...]

UNCTAD Principles on Responsible Sovereign Lending & Borrowing: A Comparative Legal Survey

The following is a guest post by Professor Juan Pablo Bohoslavsky, currently UNCTAD Sovereign Debt Expert, who has previously contributed to the International Law Observer on the topic of “Past and Present of Corporate Complicity for Financing Human Rights Abuses: The Relevance of the Cassese report“, the unveiling of the UNCTAD principles to guide responsible sovereign [...]

Trial Chamber I Order on the applications by victims to participate and for reparations in the Lubanga case

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 [...]

Exploiting A ‘Dynamic’ Interpretation? The Israeli High Court of Justice Accepts the Legality of Israel’s Quarrying Activities in the Occupied Palestinian Territory

Cross-posted from EJIL:Talk!. On 26 December 2011, the Israeli High Court of Justice rendered its judgment in the case concerning Israel’s quarrying activities in the occupied Palestinian territory filed by the Israeli human rights organisation Yesh Din, who demanded that Israel terminate its quarrying activities since they violate Israel’s obligation as an Occupying Power to administer the [...]

The Activity of the European Court of Human Rights in 2011

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 [...]

Under the Guise of Security? Population Control by the Occupying Power

Human Rights Watch (HRW) released a new report, on 5 February 2012, that exposes the ways in which Israel controls immigration and nationality in the occupied Palestinian territory (OPT) through  the population registry, which it established in September 1967. The first census conducted upon its establishment resulted in the exclusion of at least 270,000 individuals. [...]

10 years Guantanamo: continuing the practice of detention without trial?

Today is the tenth anniversary of the transfer of the first detainees to the United States naval base in Guantánamo Bay, in Cuba. And with the recent adoption of the 2012 National Defense Authorization Act (NDAA) (section 1021) the practice of indefinite detention without charge or trial of terrorism suspects has been legalized in the US; for foreign nationals that is. [...]

The Role of the Council of Europe in the Fight against Trafficking in Persons

* By Dr. Roberta Avellino Introduction The role of the Council of Europe in areas, which affect the full enjoyment of human rights and fundamental freedoms, has always been of great significance. Consequently, the Council of Europe has also invested in its fight against trafficking in human beings with the protection and promotion of the [...]

Introducing a guest post by Roberta Avellino

This guest post by Dr. Roberta Avellino, who holds a Doctor of Law Degree and a Master of Laws (LL.M.) in International Law from the University of Malta, discusses the role of the Council of Europe in the fight against trafficking in persons with special reference to the Convention on Action against Trafficking in Human [...]

ICTY Global Legacy Conference

Introduction The ICTY Global Legacy Conference took place in The Hague on 15 and 16 November. It brought together over 350 leading academics, international judges and practitioners, state representatives and members of civil society (see ICTY press release here). The event was nicely organized by the outgoing President Robinson and his team with the financial [...]

Protecting the Rights of Roma – New Resources from the CoE

In an effort to combat the marginalisation of the Roma people and to contribute to their full integration into society, the Council of Europe has published factsheets ‘Protecting the Rights of Roma’. Key to the process of integration is the education of both Roma and non-Roma. Knowledge about the history and culture of the Roma [...]

State Compliance with the European Convention on Human Rights

Were you wondering about what claims are being brought before the European Court of Human Rights (ECtHR) and the level of compliance by each Member State of the European Convention on Human Rights (ECHR) with its obligations under this Convention? Were you wondering about what are the most problematic aspects of a specific State’s national [...]

The Case of Georgia v. Russia before the ECtHR

Background and history of the proceedings The hearings in the inter-State Georgia v. Russia (II) case (application no. 38263/08) before the European Court of Human Rights (ECtHR) were held on 22 September 2011. The webcast of the hearings is available here. For a complete list of inter-State cases before the ECtHR see here. The formal [...]

Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)

Background of the case and history of the legal proceedings In its application of 23 December 2008 Germany brought a complaint before the International Court of Justice (ICJ), claiming that in recent years, Italian judicial bodies repeatedly disregarded its jurisdictional immunity as a sovereign State. According to Germany, the critical stage of that development was [...]

Closing Statements in the Lubanga Case

The closing statements in the case Prosecutor v. Thomas Lubanga Dyilo started today, 25 August 2011, before Trial Chamber I of the International Criminal Court (ICC). They will continue tomorrow with the closing statements of the Defence. Thomas Lubanga Dyilo is accused of having committed, as a co-perpetrator, war crimes of enlisting and conscripting children under the [...]

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