Newest elections at the ICC and the ICJ

Two great international lawyers from Africa, Ms. Fatou Bensuda (Gambia) and Ms. Julia Sebutinde (Uganda), have been elected respectively as Prosecutor of the International Criminal Court (ICC) and as Judge of the International Court of Justice (ICJ). Both these African women have had a distinguished career in the area of international legal practice (for their [...]

Palau Plans to Seek ICJ Advisory Opinion on Climate Change

The UN News Centre reports that the small island state of Palau plans to seek an advisory opinion from the ICJ in relation to climate change. While the exact details of the plan is not yet clear, this is indeed a significant development. The ICJ has on previous occasions ruled that, while states have the [...]

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 [...]

Response to the Request for Provisional Measures in the M/V Louisa Case

I have previously reported on this blog (here) on the dispute between Saint Vincent and the Grenadines on the one hand and Spain on the other hand concerning the arrest and detention the M/V Louisa and its tender, the Gemini III.  The International Tribunal for the Law of the Sea gave its order on provisional [...]

Prompt release of research vessels: MV Louisa

The latest case to come before the International Tribunal for the Law of the Sea raises some interesting questions about the availability of prompt release proceedings for vessels arrested for violating laws and regulations in the exclusive economic zone of a coastal state.  The case has been initiated by Saint Vincent and the Grenadines following [...]

Functional Immunity for Defence Counsel

On 6 October 2010 the ICTR Appeals Chamber  released its decision on the request of Aloys Ntabakuze regarding the arrest of his lead counsel, Peter Erlinder. Erlinder was arrested on 28 May 2010 in Kigali, Rwanda, on charges of ‘genocide denial’. At the time of arrest Erlinder was in Rwanda on reasons unrelated to his [...]

Will the Supreme Court start citing the ICJ?

Yes, if we are to believe David Andrews, former legal advisor to the US state department and member of the US national group at the Permanent Court of Arbitration. If you want to see more on this, check out this weeks Clip of the Week, which is taken from an ASIL reception honoring Joan E. [...]

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. [...]

Joan Donoghue to replace Judge Buergenthal at the ICJ

Our friends over at Opinio Juris report that Joan Donoghue, Principle Deputy Legal Advisor of the State Department, has been nominated by the US national group of the PCA to replace Judge Buergenthal on the ICJ. If this report is true, and Opinio Juris refers to “reliable sources”, the nomination would be somewhat of a [...]

It’s official: Judge Thomas Buergenthal will resign from the ICJ

We have heard it before but today the ICJ confirmed that Judge Buergenthal will resign from the ICJ. Judge Buergenthal has been a member of the ICJ since March 2000 and was re-elected to serve a nine-year term beginning in February 2006. He was at the time of his election the first judge of US [...]

ICC’s Review Conference: Will Two Weeks Be Enough?

Dominik’s earlier post calls attention to a very important event, the ICC’s Review Conference which starts today in Kampala, Uganda. The agenda for the conference includes a stocktaking exercise, including discussion of the impact of the Rome Statute system on victims and affected communities; and, issues of peace and justice, including managing the challenges of integrating [...]

Is there a need to establish new international courts?

New initiatives have been aired recently in high political circles about creating two new courts to deal respectively with piracy off the Horn of Africa (stemming from Somalia), which continues to make headlines, and nuclear security issues. Not long ago, there was a Dutch proposal that the UN should support the establishment of a tribunal [...]

The Case for an International Piracy Court

We have at several occasions here on International Law Observer raised the question of whether or not an international (ad hoc) court (could/) should be established to try pirates (see for example here, here, here and here). On Tuesday (27. April) the UNSC unanimously adopted a resolution in which a next and important step in this [...]

Conference on jurisdictional objections in international investment disputes

The British Institute of International and Comparative Law is organising the fourteenth Investment Treaty Forum conference which will take place on Friday 7 May 2010 in London.  The aim of the conference is to review and analyse important developments in recent cases on jurisdiction by international investment tribunals. A large number of prominent speakers from [...]

Zyberi on Self-Determination through the Lens of the ICJ

Our own Gentian Zyberi’s recent paper, ‘Self-Determination through the Lens of the International Court of Justice’, has now been published in the Netherlands International Law Review (2009) No. 56 pp. 429-453. Full abstract: This article focuses on the role and contribution of the International Court of Justice to developing and interpreting the right of peoples [...]

New UK Supreme Court

And so it finally happened. After a lengthy period of preparation, the Supreme Court of the United Kingdom starts proceedings today. The new UK Supreme Court, which has come about as a result of the 2005 Constitutional Reform Act, will hear its first cases this week in newly refurbished rooms in the former Middlesex Guildhall, [...]

New issue of the Equality of Arms Review

Below you will find a short notice regarding the new issue of the International Bar Association’s EQ: Equality of Arms Review. Should the ICC investigate the situation in Gaza? Is the ICC Appeals Chamber properly constituted? What is the future for the ICC? These and many other questions are addressed in the latest issue of the [...]

PCA to render its Award in the ‘Abyei Arbitration case’

Today at 10 o’clock the Permanent Court of Arbitration will render its decision in the ‘Abyei Arbitration case‘. The case concerns a dispute between the Government of Sudan and the Sudan People’s Liberation Movement/Army. The issue to be decided are the boundaries of the oil-rich Abyei region in southern Sudan, which has threatened to disrupt [...]

Chile has ratified the Rome Statute

Yesterday the government of Chile deposited its instrument of ratification to the Rome Statute of the International Criminal Court. The Statute will enter into force for Chile on 1 September 2009, bringing the total number of States Parties to the Rome Statute to 109. The government of Chile had proposed constitutional reforms as a prerequisite to [...]

Another voice supporting a ‘pirate court’

I just today stumbled across this month-old article reporting on the Dutch foreign minister’s demand for a UN backed tribunal for the trial of pirates in the East African countries. We have reported earlier on the apparent desire among certain (European) States to establish such an international court (inter alia to avoid any pirates being [...]

Perpetual Conflict between Human Rights and Politics in the Development of International Criminal Justice

The existence and development of humankind on this planet has never been an egalitarian process. This partly explains the birth and development of law and legal institutions to regulate the conduct and behaviour of mankind in its intercourse with one another. Admittedly the existence of law and legal institutions does not attest to the quality [...]

The ICTY Trial Chamber finds that Karadžić can read and understand English

The ICTY Trial Chamber delivered on 26 March Decision on Prosecution Motion Seeking Determination that the Accused understands English for the Purposes of the Statute and the Rules of Procedure and Evidence in Prosecutor v Radovan Karadžić. This decision inter alia concerns whether statements made on Opinio Juris by one of Karadžić’s legal advisers can serve as [...]

Antonio Cassese elected president of the Special Tribunal for Lebanon

According to a press release of the UN, Antonio Cassese, the former (and first) president of the International Criminal Tribunal for the former Yugoslavia (ICTY) has been elected president of the Special Tribunal for Lebanon (STL). Pursuant to Art. 8(2) of the Statute of the STL (annexed to UN Security Council resolution 1757) this makes judge [...]

Systematic failure to enforce the law against Israeli occupation forces in the Palestinian territories

Ben-Naftali and Zamir have recently published an article in the Journal of International Criminal Justice titled ‘Whose ‘conduct unbecoming’? The shooting of a Handcuffed, Blindfolded Palestinian Demonstrator’. The work considers the case of HCJ 7195/08 Abu Rhama et al. v Military Advocate General – the petition in the case is available in English. The case [...]

Follow

Get every new post delivered to your Inbox.

Join 60 other followers