Posted on May 18, 2012 by Valentina Azarov
Today, Friday 18 May 2012, Former US President George W. Bush and seven members of his administration, including Dick Cheney, Donald Rumsfeld and their legal advisers Alberto Gonzales, David Addington, William Haynes, Jay Bybee and John Yoo – were found guilty of war crimes following their trial in abstentia by the Kuala Lumpur War Crimes Commission (KLWCC) – a non-governmental [...]
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Posted on May 9, 2012 by salmayusuf
Greetings to fellow members of the international legal community representing the diverse jurisdictions and legal systems of the world! It is both a pleasure and a privilege to be welcomed to the distinguished Panel of Authors of the Editorial Team at the International Law Observer. Thank you, Dominik Zimmerman, Editor-in-Chief of the International Law Observer, [...]
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Posted on May 3, 2012 by Gentian Zyberi
This is the title of a short working paper of mine recently published in the Oxford Transitional Justice Working Paper Series, which aims to provide an overall assessment of the transitional justice processes in the countries emerging from the violent break-up of the former Yugoslavia by focusing on the issues of reparations for victims of the [...]
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Posted on April 27, 2012 by Gentian Zyberi
* This post is based on the SCSL Press Release (Outreach and Public Affairs Office) of 26 April 2012 and includes only minor changes. Charles Ghankay Taylor, the former President of Liberia, was convicted on 26 April 2012 on all counts of an 11-count indictment which alleged that he was responsible for crimes committed by [...]
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Posted on April 25, 2012 by Valentina Azarov
Cross-posted from Opinio Juris. —– This is the third post of our Symposium on the Functional Approach to the Law of Occupation. Earlier posts can be found in the Related Links at the end of this post. By far one of the most challenging questions for the international law of belligerent occupation pertains to the termination of [...]
Filed under: Human Rights, International Humanitarian Law, Middle East Crisis, Public International Law, Special Coverage Section | Leave a Comment »
Posted on March 20, 2012 by Valentina Azarov
Some discussion has taken place with regards to whether human rights treaty bodies along with the Human Rights Council, all part of the United National human rights machinery, apply and develop international humanitarian law in time of armed conflict and occupation, in concurrence with international human rights law (IHRL). Even less, if any, discussion has been [...]
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Posted on February 16, 2012 by Valentina Azarov
Cross-posted from EJIL:Talk!. On 26 December 2011, the Israeli High Court of Justice rendered its judgment in the case concerning Israel’s quarrying activities in the occupied Palestinian territory filed by the Israeli human rights organisation Yesh Din, who demanded that Israel terminate its quarrying activities since they violate Israel’s obligation as an Occupying Power to administer the [...]
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Posted on February 10, 2012 by Gentian Zyberi
On 4 November 2011, the International Humanitarian Law Clinic at Emory Law School convened a group of well-known military operational law experts with extensive experience in applying and enforcing IHL. The meeting was convened to analyze the broader legal issues in and implications of the recent judgment of the International Criminal Tribunal for the former [...]
Filed under: Ad hoc tribunals, International Criminal Law, International Humanitarian Law, United Nations | 1 Comment »
Posted on February 7, 2012 by Valentina Azarov
Human Rights Watch (HRW) released a new report, on 5 February 2012, that exposes the ways in which Israel controls immigration and nationality in the occupied Palestinian territory (OPT) through the population registry, which it established in September 1967. The first census conducted upon its establishment resulted in the exclusion of at least 270,000 individuals. [...]
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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: ICJ, Human Rights, Public International Law, United Nations, International Humanitarian Law, Responsibility to protect, Law of Treaties, International Court of Justice | 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 [...]
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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 [...]
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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 [...]
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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 [...]
Filed under: International Humanitarian Law, Public International Law | Leave a Comment »