The Transitional Justice Process in the Former Yugoslavia: Long Transition, yet not Enough Justice

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 [...]

‘Human rights and EU crisis management operations: a duty to respect and to protect?’

With thanks to Tamara Takacs for bringing this to my attention! ‘Human rights and EU crisis management operations: a duty to respect and to protect?’ Workshop organised by the T.M.C. Asser Instituut and the Centre for the Law of EU External Relations (CLEER) in cooperation with the Netherlands Defense Academy on 25 May 2012 at the T.M.C. Asser [...]

Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)

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 [...]

A landmark provisional ruling of the African Court on Human and People’s Rights on Libya

It is a pleasure to introduce to our readers this guest post from Abebe A. Mulugeta, Doctoral Researcher at the University of Bern, Switzerland; a welcome addition to our extensive coverage of the situation in Libya. His post concerns the late March decision on provisional measures issued by the African Court on Human and People’s Rights [...]

What law is applicable to the situation in Libya?

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 [...]

A Critique of ‘Humanitarian’ Interventionism in Libya

Following the questions raised about the discharge of the responsibility to protect by Gentian Zyberi in his recent post on the situation in Libya, and the remarks I previously made on the situation in Egypt and the responsibility of the international community, I would like to draw our readers’ attention to a revealing and insightful [...]

Update on the situation in Libya

On 28 February the EU imposed sanctions against Muammar Gaddafi’s regime, implementing resolution 1970 (2011) adopted by the UN’s Security Council on 26 February and imposing additional EU measures. The sanctions include an embargo on arms, ammunition and equipment that could be used for the repression of protesters; an assets freeze; and a visa ban [...]

Egypt’s Protests, Human Rights Abuses and the Responsibilities of the International Community

After over 11 days of popular protests by an outstandingly united front amongst the Egyptian people and a climate of  intensifying violence and insecurity, a recent article on Al-Jazeera news channel discusses the reasons for which the UN has yet to get involved in any meaningful way in the situation in Egypt, not even by [...]

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. [...]

The Responsibility to Protect and the Decline of Sovereignty

I would like to begin by thanking Dominik Zimmermann for inviting me to write a post for the International Law Observer.  It is a wonderful blog with thoughtful coverage of developments in international law, and I am honored to be able to participate.  I thought I would use this post to briefly discuss my recent [...]

Guest post by William Magnuson

International Law Observer is glad to announce a guest post by William Magnuson. William gained his BA from Princeton University in 2004, followed by an MA in European Integration from the Universita di Padova in 2006 and a JD from Harvard Law School in 2009. He is currently a Postgraduate Research Fellow at Harvard Law [...]

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 [...]

ESF-LiU Conference-

ESF-LiU Conference  ’The Responsibility to Protect: from Principle to Practice’   The European Science Foundation and Linkoping University have organised a conference on the controversial Responsibility to Protect concept. The conference will take place in Linkoping, Sweden, from the 8th – 12th June 2010. The conference will examine the conceptual challenges which R2P poses and how policy concerns impact upon R2P’s [...]

The Will to Intervene Project

Driven by the perceived failures of the old democracies (in particular the USA and Canada) to obviate the commission of  genocide, crimes against humanity and other gross violations of human rights in different parts of the world during the twentieth and twenty first centuries, leading academics at the Montreal Institute for Genocide and Human Rights [...]

The General Assembly and the Responsibility to Protect: “The Devil will be in the Details”

I thought that for my first post it would be apposite to discuss a component of my doctoral research. This post will therefore focus upon the Responsibility to Protect doctrine or, “R2P”, as it has become known (for earlier posts on the R2P see here). This post considers the most recent institutional development which R2P [...]

Universal Jurisdiction Once Again Under Threat

By Sharon Weill and Valentina Azarov Currently, the fate of one of the only remaining venues that offers a redress mechanism for Palestinians is at stake. It is one that can bring accountability of Israeli officials and decision-makers who committed war crimes and crimes against humanity. The amendment of universal jurisdiction laws, often incommensurably restricting [...]

New Legal Study finds that Israel is Practicing Apartheid and Colonialism in the occupied Palestinian territories

The Human Sciences Research Council of South Africa (HSRC) has released a study conducted by a high-profile group of legal experts, indicating that Israel is practicing both colonialism and apartheid in the Occupied Palestinian Territories (OPT)(See the Executive Summary of the Study). The interim report, will form part of a discussion at an upcoming HSRC [...]

The Legacy of Saro-Wiwa

To many human rights, environmental and corporate social responsibility scholars the name of Ken Saro-Wiwa is all too familiar. Saro-Wiwa was a Nigerian author and environmental campaigner fighting the exploitation of natural resources and alleged human rights violation in his native Ogoniland in the Niger Delta of Nigeria. In 1995, Saro-Wiwa was executed by the [...]

Srebrenica genocide and the inaccurate film Resolution 819

European movie theatres are currently screening the film Resolution 819 reconstructing the atrocities perpetrated in and around Srebrenica in July 1995. A French-Polish co-production represents the first attempt to portray the events surrounding genocide of 8,000 Bosnian Muslim men and boys in and around Srebrenica in July 1995 on the big screen. The film has [...]

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 [...]

International legal order put to the test as mass killings of civilians in the Gaza Strip persist

Not a word is spared (sadly not always by the right actors) at these very moments as the Gaza Strip, maintained under siege with an intense humanitarian crisis, is incurring unremitting air strikes from the Israeli occupation forces. At these very moments, Israel’s air force releases additional missiles on houses in heavily populated residential areas [...]

Massacre in Kiwanja

Following Ole’s recent post, it seems necessary to mention the massacre that occurred just over a month ago in Kiwanja, North Kivu in the Democratic Republic of Congo. The N.Y. Times reports that: ‘In little more than 24 hours, at least 150 people would be dead, most of them young men, summarily executed by the [...]

Provisional Measures Indicated in Georgia v. Russia

Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation) Yesterday, 15 October, the International Court of Justice read during a public sitting its judgment on the request of Georgia to indicate provisional measures with regard to the situation in South-Ossetia. Due to the narrow vote it [...]

Senator McCain and Senator Obama on humanitarian intervention

With hardly one month until the 2008 presidential election in the US, yesterday’s second debate between Senator McCain and Senator Obama was a rather unspectacular event, at least from a substantive political point of view. There was little the average follower of the presidential election hadn’t heard already. However, from the perspective of international law [...]

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