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 Court of Justice, International Courts, International Humanitarian Law, International and national law, International terrorism, Middle East Crisis, Public International Law, Responsibility to protect, United Nations, international justice | Leave a 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, Peacekeeping, Responsibility to protect, international justice | 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 terrorism, Public International Law, United Nations, international justice | 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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Posted on June 30, 2009 by Dominik Zimmermann
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 [...]
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Posted on June 17, 2009 by Dominik Zimmermann
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 [...]
Filed under: International Courts, Law of the sea | 3 Comments »
Posted on April 20, 2009 by innomawire
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 [...]
Filed under: Human Rights, ICC, International Courts, International Criminal Law, international justice | 2 Comments »
Posted on March 30, 2009 by Jernej Letnar Černič
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 [...]
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Posted on March 30, 2009 by Dominik Zimmermann
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 [...]
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Posted on March 9, 2009 by Valentina Azarov
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 [...]
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Posted on March 9, 2009 by innomawire
On the 4th of March 2009, after seven months of deliberation, the International Criminal Court charged President Omar Hassan al-Bashir of Sudan with war crimes and crimes against humanity in the violence that has engulfed the Darfur region in recent years. But he escaped the charge on genocide at least for now, as the ICC [...]
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Posted on March 9, 2009 by Jernej Letnar Černič
Last week much attention at the ICC has been devoted to the confirmation of arrest warrant against Omar al-Bashir, while less attention has been paid to the important decision of the Pre-trial Chamber III to adjourn the confirmation of charges hearing in the case of The Prosecutor v. Jean-Pierre Bemba Gombo and to ask the [...]
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Posted on March 7, 2009 by James Harrison
A Special Meeting of States Parties to the United Nations Convention on the Law of the Sea was convened on Friday 6 March in order to elect a judge to fill the vacancy created by the sad death of Judge Choon-Ho Park in November last year. In accordance with the practice of the States Parties, [...]
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Posted on March 4, 2009 by Jernej Letnar Černič
As reported, the Pretrial Chamber of International Criminal Court has earlier today confirmed an arrest warrant for Omar al Bashir, the incumbent president of Sudan, for crimes against humanity and war crimes but not for crime of genocide against the Fur, Masalit and Zaghawa ethinc groups. Albeit a number of practitioners and experts of international [...]
Filed under: ICC, International Courts, International Criminal Law | 5 Comments »
Posted on March 4, 2009 by Ole W. Pedersen
The Pre-Trial Chamber of the ICC today partly approved the request for an arrest order for President Al Bashir of Sudan. The warrant, requested by the Prosecutor Luis Moreno-Ocampo, relate to charges of crimes against humanity and war crimes but not genocide as requested by the prosecutor. In a press conference held today, the Registrar [...]
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Posted on March 2, 2009 by Dominik Zimmermann
Could the question of “Arctic ownership” push the US to sign the United Nations Law of the Sea Convention? As we have reported earlier, and as frequently reported in the media (see e.g. this latest article at tampabay.com), the support for the ratification of UNCLOS is growing by the day. Not only are prominent members [...]
Filed under: ITLOS, International Courts, Law of the sea, Public International Law | 2 Comments »