Posted on May 20, 2012 by salmayusuf
Global May Manifesto As hundreds of thousands of people around the world prepared to take to the streets throughout May 2012 as part of a global call for change, the International ‘Global Spring’ Assembly released its first statement describing concrete suggestions for a ‘global change’. 11th May 2012 – Published by Occupy London As hundreds [...]
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Posted on May 13, 2012 by Gentian Zyberi
The ICTY press releases related to these events are available here (24 April 2012) and here (27 April 2012). They are reproduced here below with some small changes. The Residual Mechanism has a roster of 25 judges who will serve both branches of the Mechanism as set out in the Statute. These judges were elected [...]
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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
On 27 April 2012, the General Assembly and the Security Council of the United Nations elected Mr. Dalveer Bhandari as a Member of the International Court of Justice (ICJ), with immediate effect. Of Indian nationality, Mr. Bhandari succeeds Mr. Awn Shawkat Al-Khasawneh (Jordan), former judge and Vice-President of the Court, who resigned last year. Pursuant to [...]
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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 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 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 [...]
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Posted on February 6, 2012 by Gentian Zyberi
Judge Peter Tomka (Slovakia) was elected President of the International Court of Justice (ICJ) by his peers and Judge Bernardo Sepúlveda-Amor (Mexico) was elected Vice-President, each for a term of three years. Their biographies can be accessed here and here. Congratulations and best of luck to them with these important functions! The composition of the [...]
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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 February 2, 2012 by Gentian Zyberi
Election of the successor to Judge Al-Khasawneh (Jordan) fixed for 27 April 2012 The United Nations Security Council has fixed Friday 27 April 2012 as the date for the election, by the Security Council and the General Assembly, of a successor to Mr. Awn Shawkat Al-Khasawneh, former judge and Vice-President of the International Court of [...]
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Posted on January 25, 2012 by Gentian Zyberi
This post draws attention to Resolution ICC-ASP/10/Res.2, on cooperation, adopted by consensus on 20 December 2011 by the Assembly of States Parties of the International Criminal Court during its 7th plenary meeting (10th Session). There are other important resolutions adopted during the 10th Session, including that dealing with reparations (see previous post); amendments to the rule [...]
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Posted on January 18, 2012 by innomawire
Introduction Creative control over one’s artistic endeavor is an important right that an artist strives to retain. In addition to creative control, artists seek to prevent the unlawful distribution of the creative product, insist on being acknowledged as the creator of the work, and aim to achieve adequate compensation for the creation. Through union organization, [...]
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Posted on January 16, 2012 by Gentian Zyberi
In December 2011 the ICTY Registry launched a dedicated web feature (within the ICTY website) to provide a better understanding of the role and functions of the future Residual Mechanism of the Tribunal. The Residual Mechanism of the ICTY is meant to continue the important work which needs to be carried out once the Tribunal completes [...]
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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 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 December 12, 2011 by Ole W. Pedersen
After running into overtime, the 17th Conference of the Parties to the UN Framework Convention on Climate Change (UNFCCC) finished Saturday. While press coverage of the event was somewhat muted compared to previous conferences (the aftermath of the EU Summit in Brussels on Friday night took most of the limelight), the reactions to the outcome [...]
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Posted on December 10, 2011 by Gentian Zyberi
The Report of the International Criminal Tribunal for Rwanda for the period from 1 July 2010 to 30 June 2011 was presented before the Security Council on 6 June 2011 by the President of the ICTR, Judge Khalida Rachid Khan. For accessing the full text of the ICTR Annual Report click here. In her speech Judge [...]
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Posted on December 10, 2011 by Gentian Zyberi
The Report of the International Criminal Tribunal for the former Yugoslavia for the period from 1 August 2010 to 31 July 2011 was presented before the Security Council on 6 June 2011 by the President of the ICTY, Judge Robinson. The report includes an introductory section, followed by sections focusing respectively on the activity involving [...]
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Posted on December 10, 2011 by Gentian Zyberi
The Report of the International Criminal Court covering the period 1 August 2010 to 31 July 2011 was presented before the General Assembly of the United Nations on 26 October 2011 by the President of the ICC, Judge Sang‐Hyun Song. In his speech Judge Sang‐Hyun Song first noted that with two new investigations and several [...]
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Posted on December 10, 2011 by Gentian Zyberi
The Report of the International Court of Justice (ICJ) for the period from 1 August 2010 to 31 July 2011 was presented before the General Assembly of the UN on 26 October 2011 by the ICJ President, Judge Owada. In his speech Judge Owada pointed out that the cases before the Court have involved States [...]
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Posted on December 5, 2011 by Gentian Zyberi
Today the ICJ delivered its judgment which is final, without appeal and binding on the Parties, in the case Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece). The press release can be accessed here, the judgment (52 pages) here, and a summary here. Judge Xue appended a [...]
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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 [...]
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Posted on November 25, 2011 by Gentian Zyberi
The International Court of Justice (ICJ) will deliver its judgment in the case concerning Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece) on Monday, 5 December 2011 (for more information see the Court’s press release here). The case started on 17 November 2008, with the former [...]
Filed under: ICJ, International Court of Justice, Public International Law, States, United Nations | 8 Comments »