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 3, 2012 by Gentian Zyberi
Recently I read in the news that Croatia is going to withdraw its case against Serbia. This case was brought before the International Court of Justice in 1999 and is based on Article IX of the 1948 Genocide Convention. To be more precise, the application instituting proceedings was filed on 2 July 1999. Croatia claims [...]
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Posted on December 31, 2011 by Gentian Zyberi
Callixte Mbarushimana was surrendered to the custody of the ICC by French authorities on 25 January 2011, in accordance with the warrant of arrest delivered against him on 28 September 2010 by Pre-Trial Chamber I. In the document containing the charges, the Prosecutor charged Mr Mbarushimana with five counts of crimes against humanity (murder, inhumane [...]
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Posted on November 29, 2011 by Gentian Zyberi
Introduction The ICTY Global Legacy Conference took place in The Hague on 15 and 16 November. It brought together over 350 leading academics, international judges and practitioners, state representatives and members of civil society (see ICTY press release here). The event was nicely organized by the outgoing President Robinson and his team with the financial [...]
Filed under: Ad hoc tribunals, Conference, Europeam Court of Human Rights, Human Rights, International Criminal Law, International Humanitarian Law, international justice, Minority Rights, United Nations | 1 Comment »
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 September 20, 2011 by Gentian Zyberi
Background of the case and history of the legal proceedings In its application of 23 December 2008 Germany brought a complaint before the International Court of Justice (ICJ), claiming that in recent years, Italian judicial bodies repeatedly disregarded its jurisdictional immunity as a sovereign State. According to Germany, the critical stage of that development was [...]
Filed under: Human Rights, ICJ, International Court of Justice, International Humanitarian Law, Law of Treaties, Public International Law, Responsibility to protect, United Nations | 2 Comments »
Posted on August 25, 2011 by Gentian Zyberi
The closing statements in the case Prosecutor v. Thomas Lubanga Dyilo started today, 25 August 2011, before Trial Chamber I of the International Criminal Court (ICC). They will continue tomorrow with the closing statements of the Defence. Thomas Lubanga Dyilo is accused of having committed, as a co-perpetrator, war crimes of enlisting and conscripting children under the [...]
Filed under: Human Rights, ICC, International Criminal Law, International Humanitarian Law, international justice | 1 Comment »
Posted on May 26, 2011 by Gentian Zyberi
It is all over the news that one of two remaining ICTY fugitives, Ratko Mladic, was arrested today in Serbia. It is expected that the legal procedures concerning his transferral to The Hague will take about a week. The first indictment against him was confirmed by Judge Jorda on 25 July 1995, so his arrest [...]
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Posted on April 15, 2011 by Gentian Zyberi
This information on the Prosecutor v. Gotovina et al. case is extracted from the press release issued today by the ICTY. For more details you can access the whole judgment, Vol. I and Vol. II (running up to 1377 pages); the judgment summary, or the case information sheet. On 15 April Trial Chamber I of the [...]
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Posted on April 12, 2011 by webmastercontact
Our readers might be interested in the fact that a new publisher, Torkel Opsahl Academic EPublisher (TOAEP), has been established that will focus on publications in international criminal and international humanitarian law. Here is a short description. We are delighted to announce that the Torkel Opsahl Academic EPublisher (TOAEP) has been established and is now operational: http://www.fichl.org/toaep/. [...]
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Posted on March 28, 2011 by Gentian Zyberi
That is an open-ended question which I got recently. Well, given the grave situation in Libya with its many facets, such a question calls for a somewhat long response; even if time as a variable remains relative. And speaking about time, before getting to the question itself, the response of the international community to the [...]
Filed under: Africa, African Union, International Humanitarian Law, Public International Law, Responsibility to protect, United Nations | 1 Comment »
Posted on March 15, 2011 by Gentian Zyberi
Charles Ghankay Taylor, the former President of Liberia, was indicted under seal on 7 March 2003 while in office. The indictment was announced on 4 June 2003 on his first trip outside of Liberia. In August 2003 Taylor resigned as president and went into exile in Nigeria. He was transferred to the Special Court for [...]
Filed under: Africa, International Criminal Law, International Humanitarian Law, international justice | Leave a Comment »
Posted on November 1, 2010 by Gentian Zyberi
On 23 October I had the opportunity to participate in a symposium on ‘Current Issues relating to International Humanitarian Law’ organized by the ICRC and the Chinese Society of International Law and hosted by the Chinese University of Foreign Affairs in Beijing. The symposium was opened by Mr. Li Shishi, President of the Chinese Society [...]
Filed under: Codification of International Law, International Humanitarian Law, University | 1 Comment »
Posted on October 8, 2010 by Valentina Azarov
On 21st and 22nd September, 2010, respectively, two reports were issued by two separate but circumstantially related missions appointed and mandated by the Human Rights Council to investigate violations of international law in the context of the Palestine-Israel conflict. The reports were submitted in the course of the Council’s 15th session, which recently took place [...]
Filed under: Human Rights, ICC, International Humanitarian Law, international justice, Middle East Crisis, Public International Law | 1 Comment »
Posted on August 12, 2010 by Valentina Azarov
To mark the 61st anniversary of the Geneva Conventions of 1949 – a truly momentous event – the ICRC has released a new database on customary IHL. The database is a particularly exciting new source of information which offers new useful materials and resources for eager international law practitioners and scholars. The ICRC’s press release [...]
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Posted on August 8, 2010 by Valentina Azarov
The International Federation for Human Rights (FIDH), a major umbrella NGO for over 160 different organisations, recently (July 2010) launched “Corporate Accountability for Human Rights Abuses: A Guide for Victims and NGOs on Recourse Mechanisms“. The guide is comprised of five sections. Each examines a different type of instrument, including intergovernmental mechanisms, legal options, mediation [...]
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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 16, 2010 by Valentina Azarov
On 13th June 2010, the Israeli Prime Minister’s Office published its draft resolution on “The Appointment of an Independent Public Commission, Headed by Former Supreme Court Justice, Jacob Turkel, to Examine the Maritime Incident of 31 May 2010″ (available here). This is Israel’s response to the calls by the international community, including the UN and [...]
Filed under: International Humanitarian Law, international justice, Middle East Crisis, Public International Law | 3 Comments »
Posted on June 7, 2010 by Valentina Azarov
On 29 May 2010 the Gaza Freedom Flotilla, consisting of six civilian ships and 700 human rights activists and journalists from over 40 countries, set sail for the Gaza Strip carrying over 10,000 tonnes of aid and supplies for Gaza’s civilians. The purpose of the Flotilla was twofold: (1) to bring much needed supplies for [...]
Filed under: International Humanitarian Law, Middle East Crisis, Public International Law | 12 Comments »
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 January 9, 2010 by Valentina Azarov
Accountability Now! A Symposium on Human Rights and International Justice Tuesday, 12th January 2010, 2-4pm Main Theater, Abu Dis Campus, Al-Quds University, Palestine On occasion of the one year anniversary of Israel’s 22-day-long offensive on the Gaza Strip, and the momentum towards accountability created by the report of the UN Fact-Finding Mission on Gaza Conflict [...]
Filed under: Conference, Human Rights, International Criminal Law, International Humanitarian Law, international justice, Middle East Crisis | 1 Comment »
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 December 18, 2009 by Gentian Zyberi
Michael Lewis, Eric Jensen, Geoffrey Corn, Victor Hansen, Richard Jackson and James Schoettler , The War on Terror and the Laws of War: A Military Perspective (Oxford University Press, 2009) ISBN13: 978-0-19-538921-0ISBN10: 0-19-538921-2 This book is written by six American legal scholars with experience as members of the legal profession in the US armed forces. [...]
Filed under: Book review, International Humanitarian Law, International terrorism, Relevant Literature | 1 Comment »
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 »
