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Libya and International Justice Symposium: Impunity Begets Impunity

Friday, September 13, 2019
International accountability as a tool to empower and protect [Jeremie Smith is the Director of the Geneva Office at the Cairo Institute for Human Rights Studies and Karim Salem is a Legal Advisor at the Cairo Institute for Human Rights Studies. This is the final post in our symposium with Justice in Conflict on Libya and International Justice. Mark Kersten’s contribution to the symposium...

Libya and International Justice Symposium: The EU is Also Responsible for the Death of Migrants and Refugees in Libya

Thursday, September 12, 2019
The European Union’s migration containment policy is trapping people in detention centres that are being targeted in the Libyan conflict. [Marwa Mohamed is Head of Advocacy and Outreach at Lawyers for Justice in Libya.  LFJL’s #RoutestoJustice programme works to promote the rights of migrants and refugees in Libya and to provide them with access to justice using domestic courts, regional...

Libya and International Justice Symposium: Justice, Delayed

Wednesday, September 11, 2019
[Hanan Salah is the Senior Libya and Mauritania Researcher at Human Rights Watch. This is the latest post in our symposium with Justice in Conflict on Libya and International Justice.] The scars ran deep. His back was a maze of thick welts, thinner scars and parts that resembled small craters. His wrists and ankles were raw from where he’d been...

Babies Born on 9/11 Attain the Right to Vote Today but the 9/11 Accused Have Still Not Been Tried

Wednesday, September 11, 2019
[Gabor Rona is a Visiting Professor of Law at Cardozo Law School, where he directs the Law and Armed Conflict Project.] “I’m so glad we’ll never have to come back here again,” I stage whispered to my colleagues from Amnesty International, the ACLU and Human Rights Watch, as we watched the inauguration of Barack Obama on the CNN feed. We...

Libya and International Justice Symposium: The Quest for Accountability in Libya–A Pressing but Neglected Concern

Wednesday, September 11, 2019
[Kate Vigneswaran is a Senior Legal Adviser at the International Commission of Jurists, Middle East and North Africa (MENA) Programme, and Vito Todeschini is an Associate Legal Adviser, International Commission of Jurists, MENA Programme. This is the latest post in our symposium with Justice in Conflict on Libya and International Justice. Marieke Wierda’s contribution to the symposium has gone up...

Switzerland Proposes the War Crime of Starvation in NIAC

Monday, September 9, 2019
The irreplaceable Carmi Lecker called my attention yesterday to a proposal by Switzerland to deem the intentional starvation of civilians a war crime in non-international armed conflict (NIAC). At present, it is only a war crime in international armed conflict (IAC) — Art. 8(2)(b)(xxv) of the Rome Statute. Here is the text of the proposal: Add to article 8, paragraph...

Libya and International Justice Symposium: Justice Delayed, A Promise Betrayed?

Monday, September 9, 2019
[Mary Fitzgerald is an independent researcher specializing in Libya.] When Libyans took to the streets in early 2011 demanding change, one of their key demands was justice. Four decades of Gaddafi’s experiment in dictatorship had resulted in a judicial apparatus hobbled by cronyism and corruption and distrusted by many including dissidents long subjected to state repression. The spark for the...

Burundi “A general climate of impunity” – the latest UN Commission of Inquiry on Burundi Report

Monday, September 9, 2019
On 4 September last week the UN Commission of Inquiry on Burundi released its latest report. The situation in Burundi continues to warrant deep concern as grave human rights violations persist. Experts estimate that it may only get worse as the 2020 elections draw closer. After all, it was a political crisis in 2015 election cycle that catapulted the small...

Libya and International Justice Symposium

Monday, September 9, 2019
[Mark Kersten is a consultant for the Wayamo Foundation and a law student at McGill University. He is also author of the book, ‘Justice in Conflict – The Effects of the International Criminal Court’s Interventions on Ending Wars and Building Peace’.]  It isn’t for a lack of attention. Violence in Libya is covered almost daily in major newspapers and media...

Events and Announcements: September 7, 2019

Saturday, September 7, 2019
Announcements I am delighted to announce that CUP has recently published Freya Baetens’ new book, Legitimacy of Unseen Actors in International Adjudication. Here’s the publisher’s description: International courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such ‘unseen actors’ may take...

International Law’s Racism Problem

Wednesday, September 4, 2019
[Anna Spain Bradley is a Professor of Law at the University of Colorado School of Law.] International law has a racism problem. Since 1950, when UNESCO published its seminal report, The Race Question, the international community has been on record that race has no basis in biology or science and that racism “directly affects millions of human lives and causes...

What Happens Next? Looking Into Enforcement Solutions Over Hungary’s Human Rights Abuses

Tuesday, September 3, 2019
[Todd Carney is a student at Harvard Law School. He holds a Bachelor’s degree in Political Science and Public Communications. He has also worked in digital media in New York City and Washington D.C.] In September 2018, the European Union (EU) Parliament voted to censure Hungary in response to Hungary’s laws that cracked down on institutions such as the media,...

Events and Announcements: September 1, 2019

Sunday, September 1, 2019
Announcement: Francis Lieber Prize 2020 The American Society of International Law’s Lieber Society on the Law of Armed Conflict awards the Francis Lieber Prize to the authors of publications that the judges consider to be outstanding in the field of law and armed conflict. Both monographs and articles (including chapters in books of essays) are eligible for consideration — the prize...

The U.S. Supreme Court on International Double Jeopardy

Friday, August 30, 2019
[Anthony J. Colangelo, Gerald J. Ford Research Fellow and Professor of Law, SMU Dedman School of Law.] The Supreme Court’s recent decision in Gamble v. United States explicitly raised the question of double jeopardy in international cases by positing scenarios in which the United States may wish to successively prosecute after a prior prosecution in a foreign country for crimes...

The US repudiation of international law in relation to the Israeli-Palestinian conflict: wrong, counter-productive and dangerous

Wednesday, August 28, 2019
Vito Todeschini is an Associate Legal Adviser at the International Commission of Jurists’ MENA Programme Said Benarbia is the International Commission of Jurists’ MENA Programme Director In a UN Security Council Open Debate on the Middle East held on 23 July 2019, Jason D. Greenblatt, Assistant to the US President and Special Representative for International Negotiations, intervened to clarify the...

China’s Mediation Revolution? Opportunities and Challenges of the Singapore Mediation Convention

Wednesday, August 28, 2019
[Peter H. Corne is the Managing Partner of Dorsey & Whitney’s Shanghai Office, NYU Global Adjunct Professor of Law, and Mediator of the Shanghai Commercial Mediation Center. Matthew S. Erie is an Associate Professor of Modern Chinese Studies and Associate of the Centre for Socio-Legal Studies of the University of Oxford, and Principal Investigator of the “China, Law and Development”...

The Importance of Principle

Monday, August 26, 2019
A few months ago, I was invited by the Polish Ministry of Justice to participate in a one-day conference on the responsibility of lawyers for judicial crimes, part of Poland’s Day of Remembrance for the Victims of Stalinism and Nazism. The Ministry asked me to discuss American prosecutions of Nazi lawyers at the Nuremberg Military Tribunals — something I wrote...

Events and Announcements: August 25, 2019

Sunday, August 25, 2019
Call for Papers The Robert Schuman Centre for Advanced Studies, European University Institute is pleased to announce a research workshop on “Sociological Perspectives on International Economic Law and Human Rights Law” from 8 – 9 May 2020. International law is rooted in communities, influencing and affected by social groups and their socio-cultural features. This fifth workshop on the sociology of...

Pakistan v India at the International Court of Justice, on Kashmir?

Sunday, August 25, 2019
[This piece was translated and published by BBC India (Hindi) on 22 August. It is for a non-legal audience mainly, and is only focussed on the potential International Court of Justice case on Kashmir.] Pakistan has indicated publicly that it plans to approach the International Court of Justice (ICJ) in relation to Kashmir.  The news of a potential ICJ case on...

Emerging Voices: The Participation of Children in Hostilities before the ICC–An Inherent Contradiction between IHL and ICL?

Friday, August 23, 2019
[Demetra Loizou is a Lecturer in International Law and Legal Skills at the University of Central Lancashire, Cyprus.]  Article 8 of the Rome Statute, which sets out the war crimes within the ICC’s jurisdiction, is inextricably linked to the general IHL regime. Paragraph 2(a) refers to the grave breaches of the 1949 Geneva Conventions (international armed conflicts). Paragraph 2(c) is...

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