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 January 11, 2012 by Gentian Zyberi
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. [...]
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Posted on November 5, 2011 by Gentian Zyberi
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 [...]
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Posted on June 22, 2011 by Valentina Azarov
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 [...]
Filed under: Human Rights, ICC, International and national law, International Court of Justice, Middle East Crisis, Public International Law, States, United Nations | 1 Comment »
Posted on May 18, 2011 by Dr. Fozia Lone
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 [...]
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Posted on May 11, 2011 by Ole W. Pedersen
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 [...]
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Posted on October 8, 2010 by Valentina Azarov
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 [...]
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Posted on August 3, 2010 by Dr. Fozia Lone
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. [...]
Filed under: Book review, Human Rights, ICJ, International and national law, International Court of Justice, International Courts, International Humanitarian Law, international justice, International terrorism, Middle East Crisis, Public International Law, Responsibility to protect, United Nations | 1 Comment »
Posted on April 19, 2010 by Dr. Fozia Lone
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 [...]
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Posted on December 29, 2009 by Valentina Azarov
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 [...]
Filed under: Human Rights, International and national law, International Humanitarian Law, international justice, Middle East Crisis | 1 Comment »
Posted on November 23, 2009 by Dominik Zimmermann
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 [...]
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Posted on October 30, 2009 by Valentina Azarov
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 [...]
Filed under: Human Rights, International and national law, International Humanitarian Law, Middle East Crisis, Public International Law | 4 Comments »
Posted on October 20, 2009 by Valentina Azarov
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 [...]
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Posted on October 3, 2009 by Valentina Azarov
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 [...]
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Posted on September 29, 2009 by derekfincham
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 [...]
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Posted on September 18, 2009 by Ole W. Pedersen
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 [...]
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Posted on September 16, 2009 by derekfincham
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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Posted on September 6, 2009 by Ole W. Pedersen
On Opinio Juris and the Volokh Conpircay an interesting debate has taken place over the last few days with regard to whether first year US law students ought to choose international law as a subject (Kenneth Anderson lists the latest inputs here). In short, Eric Posner argues that unless you plan to work for an [...]
Filed under: International and national law, Scholarship, University | 4 Comments »
Posted on July 31, 2009 by Valentina Azarov
On 30 January 2009, the Israel’s Ministry of Foreign Affairs has released its own report on the ‘Operation in Gaza 27 December 2008 – 18 January 2009: Factual and Legal Aspects‘. There are a number of points that merit mentioning that shall be highlighted in the following. Interestingly, the report starts off by noting that [...]
Filed under: Human Rights, International and national law, International Humanitarian Law, international justice, Middle East Crisis, Publications | 2 Comments »
Posted on July 4, 2009 by Valentina Azarov
Two reports have been recently released by the fact-finding missions posted by the major international NGO, Amnesty International and Human Rights Watch (HRW) to the Gaza Strip and South Israel following the 22-day war that took place in the region between December 2008 and January 2009. The Amnesty International investigation team arrived in the Gaza [...]
Filed under: Human Rights, International and national law, International Humanitarian Law, international justice, Middle East Crisis, Non Governmental Organizations, Public International Law, Publications, United Nations | 3 Comments »
Posted on June 17, 2009 by Valentina Azarov
On 10 June 2009, the Israeli Supreme Court (HCJ) rendered another stultifying judgment with regards to the occupied Palestinian territories (OPT), this time on the evacuation of what the Court refers to as ‘unauthorised settlements’ or squats in the occupied West Bank. It should be noted as a point of clarification that the state and [...]
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Posted on June 11, 2009 by Valentina Azarov
By Sharon Weill and Valentina Azarov Currently, the fate of one of the only remaining venues that offers a redress mechanism for Palestinians is at stake. It is one that can bring accountability of Israeli officials and decision-makers who committed war crimes and crimes against humanity. The amendment of universal jurisdiction laws, often incommensurably restricting [...]
Filed under: Human Rights, International and national law, International Criminal Law, International Humanitarian Law, international justice, Middle East Crisis, Public International Law, Responsibility to protect | 4 Comments »
Posted on June 6, 2009 by franzebert
From 3 June to 19 June, the International Labour Organisation (ILO) hosts this year’s International Labour Conference (ILC). The ILC, also referred to as the “international parliament of labour” is the main legislative body of the ILO which has the competence to adopt Conventions and Recommendations on international labour standards. The ILC can also adopt [...]
Filed under: Human Rights, International and national law, Public International Law, United Nations | 1 Comment »
Posted on May 19, 2009 by innomawire
The African Union has given birth to a new entity, the African Union Commission on International Law (AUCIL). This new advisory organ to the AU is established in terms of Article 2 of the Statute of the African Union Commission on International Law that was adopted by the Assembly of the Union during the 12th [...]
Filed under: African Union, International and national law, Public International Law | 3 Comments »
