ICC Prosecutor Statement to the United Nations Security Council on the situation in the Libyan Arab Jamahiriya, pursuant to UNSCR 1970 (2011)

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 [...]

The OTP position on complementarity – International Criminal Court ‐ Pacific Outreach Roundtable (Sydney, 16 February 2012)

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 [...]

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 [...]

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 [...]

Judgment issued in the Taylor trial

* 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 [...]

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 [...]

Judgment Issued in the Case Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)

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 [...]

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 ICC Prosecutor Reports to the Security Council on the Situation in Libya

On 2 November 2011, the ICC Chief Prosecutor, Luis Moreno-Ocampo, reported to the UN Security Council on the situation in Libya. This is an important report because it shows the steps taken so far by the Office of the Prosecutor (OTP or Office) to investigate the crimes committed in Libya, the interaction with Libyan authorities and [...]

A comment on Palestine’s statehood, recognition and UN membership

The Palestinian government plans to issue a declaration of independence in September 2011 as its latest strategy to bring about further recognition and UN membership. In an Op-Ed in the New York Times, Palestinian President Mahmoud Abbas said “this September, at the United Nations General Assembly, we will request international recognition of the State of [...]

India Army Major Avtar Singh- Perpetrator of Extrajudicial Killing – Roaming Free in California

On 13th May 2011 I read a news item in Kashmiri local newspaper Greater Kashmir captioned ‘File status report on Major Avtar’s Extradition’.  The news stated that Court directed police to file a status report on the progress made in the extradition of Major Avtar Singh, accused in the killing of prominent lawyer and human [...]

Climate Change and Geo-engineering

The most recent issue of Stanford Journal of Law, Science and Policy is a special issue on the topic of geo-engineering. Readers interested in the challenges which climate change gives rise to may find the issue worth a look. In particular the short contribution by Robert Berg, who assesses whether the UN can be a [...]

Measures for the Enforceability of State Obligations under the ICCPR: The Case of Israel

In mid July 20210, Israel underwent its third periodic review by the Human Rights Committee as a State party to the ICCPR. As in previous reviews, one of the main issues that came up in Israel’s reporting to the Human Rights Committee is the fact that Israel continues to refuse the application of the Covenant in [...]

Book Review: Solon Solomon, The Justiciability of International Disputes – The Advisory Opinion of Israel’s Security Fence as a Case Study

Solon Solomon, The Justiciability of International Disputes – The Advisory Opinion of Israel’s Security Fence as a Case Study (Jerusalem: Wolf Legal Publishers, 2009) ISBN: 978-90-5850-437-1 By Dr. Fozia Nazir Lone Assistant Professor, City University of Hong Kong, fnlone@cityu.edu.hk Solon Solomon, in this book presents a comprehensive legal description on the justiciability of international disputes. [...]

Book Review: Democracy Goes to War – British Military Deployments under International Law

Nigel D. White, Democracy Goes to War – British Military Deployments under International Law (Oxford: OUP, 2009) ISBN-13: 978-0-19-921859-2  Nigel D. White, Professor of International Law at the University of Sheffield, in this book presents a clear doctrinal narrative on a very sensitive issue of the use of military force and peacekeeping.  The book specifically [...]

One Year After The Gaza Conflict: A Persistent Quest for Justice

Yesterday, on 27 December 2009, one year had passed since the commencement of the devastating atrocities of Israel’s 22-day-long assault  on the occupied Gaza Strip (otherwise known as Israel’s Operation “Cast Lead”). There has indeed been a notable amount of writing  done about the conflict and its context over the past year (we have also [...]

The Report of the Special Rapporteur on the Independence of Judges and Lawyers

1. Introduction The subject of the following article is the Report of the Special Rapporteur on the independence of judges and lawyers (‘Report’) issued on 24 March 2009. The report was endorsed by the Human Rights Council (‘HRC’) during its 12th session in October 2009. The focus of the following statements will be on the [...]

The Security Paradigm in the Israeli Supreme Court

In a recent judgment of the Israeli Supreme Court, HCJ 7001/09 Kareem AlKanua v Commander of the Army Forces in Gaza et al. (rendered by Justice Levi on 26 October 2009) the petitioner a Palestinian resident of the Gaza Strip, requested the Court to oblige the state to allow him to enter Israel for the [...]

Administrative Detention – A Rule, No Longer An Exception

Administrative detention has been a contentious topic for international lawyers since its invocation by governments claiming that it is a principal tool in the often-lawless global ‘War on Terror’. Despite the popularity that this mechanism has earned amongst a growing number of states, principally those participating in the ‘War on Terror’, it has been neglected [...]

Israeli Supreme Court decision on the Wall in Jayyus: Another Assault on the ICJ

On 9 September 2009, the Israeli Supreme Court published its judgment in the case of HCJ 11344/03 Mayor of Jayyus et al. v. Commander of the Armed Forces in the West Bank et al. (available in Hebrew), where the route of the Separation Wall that Israel has been constructing since the end of the second [...]

Unintended Consequences

I’d like to take this post and discuss the problem of unintended consequences.  It is a problem which plagues the rules governing antiquities and stolen art, but also international law generally.  To begin we can take a few prominent examples.  First, the United States has waged a decades-long “War on Drugs”, in which it has [...]

Think Again on International Law?

In yesterday’s Foreign Policy, Eric Posner has a brief piece on what he sees as some of the misunderstandings of international law. It looks as if the piece builds on the Limitations of International Law which he wrote some years back with Jack Goldsmith and draws on his most recent and forthcoming book The Perils [...]

Thinking About Legal Teaching: Cultural Heritage and International Law

First off, many thanks to Ole and everyone here at International Law Observer for the kind invitation to post a little bit about my research on cultural heritage law.  I’d like to begin by thinking about how and why we choose what to teach and study.  I was interested to read the recent discussion of [...]

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