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 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 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 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 December 15, 2011 by Gentian Zyberi
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 [...]
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Posted on September 26, 2011 by Ole W. Pedersen
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 [...]
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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 December 23, 2010 by James Harrison
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 [...]
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Posted on December 1, 2010 by James Harrison
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 [...]
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Posted on October 10, 2010 by Gentian Zyberi
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 [...]
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Posted on August 11, 2010 by Dominik Zimmermann
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. [...]
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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 June 17, 2010 by Dominik Zimmermann
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 [...]
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Posted on June 10, 2010 by Dominik Zimmermann
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 [...]
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Posted on May 31, 2010 by Gentian Zyberi
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 [...]
Filed under: ICC, ICC Review Conference, International Courts, International Criminal Law, International Humanitarian Law, international justice, Peacekeeping, Responsibility to protect | 2 Comments »
Posted on May 20, 2010 by Gentian Zyberi
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 [...]
Filed under: International Courts, International institutional law, international justice, International terrorism, Public International Law, United Nations | 4 Comments »
Posted on April 30, 2010 by Dominik Zimmermann
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 [...]
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Posted on April 13, 2010 by James Harrison
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 [...]
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Posted on December 15, 2009 by Ole W. Pedersen
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 [...]
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Posted on October 1, 2009 by Ole W. Pedersen
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, [...]
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Posted on July 24, 2009 by Dominik Zimmermann
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 [...]
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Posted on July 22, 2009 by Dominik Zimmermann
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 [...]
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