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Friday, July 19, 2019
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Recognition of Governments: Legitimacy and Control Six Months after Guaidó

Thursday, July 18, 2019
On 23 January 2019, Juan Guaidó, the President of the Venezuelan National Assembly, proclaimed himself as the caretaker President of Venezuela in accordance with Article 223 of the Venezuelan Constitution. Guaidó’s Government falls foul of the criterion of effectiveness (control of at least some territory, habitual obedience of a majority of the population, and reasonable prospect of permanence), which remains...

A Primer on the Jadhav Case at the International Court of Justice

Wednesday, July 17, 2019
The Kulbhushan Jadhav case – between India and Pakistan at the International Court of Justice – will be decided today. India initiated proceedings  before the ICJ on May 8, 2017 relating to the arrest, detention and sentencing to death of Jadhav.  While the facts are disputed, here are the basics: Pakistan alleges that Jadhav is a serving Indian naval officer, who...

State, Law and Sexual Orientation in Africa: A peep into the judgment of the Kenyan High Court

Tuesday, July 16, 2019
Solomon T. Ebobrah is a Legal Adviser with the International Commission of Jurists Decades after the end of colonialism in Africa, judiciaries in African States are confronted with the challenge of determining the extent to which the post-colonial state in Africa can legitimately interfere in the private lives of people as expressed in their preferred sexuality with another consenting adult...

New Mercosur-EU Agreement

Monday, July 15, 2019
[Ricardo Arredondo is professor of Public International Law at the University of Buenos Aires and at the University of Palermo. He is Professor of Diplomatic Law and Practice at the Institute for the Foreign Service of Argentina.] After more than two decades of negotiation, on June 28, Mercosur and the European Union reached “a political agreement for an ambitious, balanced...

Chemical weapons in Syria – German and Belgian companies complicit?

Monday, July 15, 2019
For decades, civil society actors from the Global South have been asking when weapons manufacturers (who are usually from Europe/ the US) will be held accountable in some way for the arms they supply that ultimately fuel conflict in the Global South. The June 2019 legal complaint involving Sasol Solvents Germany GmbH, BASF Antwerpen NV, Brenntag AG and its Swiss...

Of Statelessness, Detention Camps and Deportations: India and the “National Register of Citizens” in Assam

Friday, July 12, 2019
While much of the world is aghast and transfixed by the migrant detention camps in the U.S., there is another dire human rights and humanitarian crisis brewing and about to reach its zenith in the Indian state of Assam on 31 July 2019. A legal process is underway – updating the “National Register of Citizens” – that threatens to dispossess...

The Distance Between Human Rights and the EU: the Libyan Migration Crisis

Monday, July 8, 2019
“From the big ship they were making calls, but said: ‘Sorry, we can’t take you, it’s not my fault, orders are that Libyans will come to take you’. Meanwhile, I could see people dying on the other boat, pieces of boat were floating and bodies too. [By the time] a small Libyan ship came to get us…all the people on...

The Sum of Four Fears: African States and the International Criminal Court in Retrospect–Part II

Monday, July 8, 2019
Max du Plessis is Senior Counsel in South Africa, an Associate Fellow at Chatham House, a Senior Researcher at the Institute for Security Studies, an Associate Tenant at Doughty Street Chambers and an Honorary Research Fellow, University of KwaZulu-Natal. Christopher Gevers is a Lecturer in the School of Law at University of KwaZulu-Natal. In our first post, we identified how...

The Sum of Four Fears: African States and the International Criminal Court in Retrospect–Part I

Monday, July 8, 2019
Max du Plessis is Senior Counsel in South Africa, an Associate Fellow at Chatham House, a Senior Researcher at the Institute for Security Studies, an Associate Tenant at Doughty Street Chambers and an Honorary Research Fellow, University of KwaZulu-Natal. Christopher Gevers is a Lecturer in the School of Law at University of KwaZulu-Natal. This is the first of two blog...

Japan’s Dilemma in the Persian Gulf

Friday, July 5, 2019
[Craig Martin is a Professor of Law and Co-Director of the International and Comparative Law Center, at Washburn University School of Law. He is a frequent visiting lecturer at Osaka University, Graduate School of Law and Politics.] In the wake of the recent attacks on shipping in the Persian Gulf, there has been considerable discussion about Europe’s difficult position amidst...

The Statehood of Palestine and Its Effect on the Exercise of ICC Jurisdiction

Friday, July 5, 2019
[Steven Kay QC is Head of Chambers at 9 Bedford Row. He has appeared as leading counsel in many significant international criminal trials (Tadic, Milosevic, Musema, Gotovina, Kenyatta) – and represented heads of state and leading figures at UN tribunals and the International Criminal Court (ICC). Joshua Kern is a barrister at 9 Bedford Row. He specialises in complex criminal cases with an...

The EU and Migrant Detention in Libya: Complicity Under the Microscope Finally?

Friday, July 5, 2019
The situation in Libya is deteriorating, with each day bringing news even more dire than the previous, regarding the state of the conflict and the plight of civilians. Caught up in this complex situation are significant numbers of individuals fleeing from their countries and seeking refuge, who have been forcibly relocated to Libya and are now languishing in multiple detention...

The Global Hawk Incident: Self-Defense against Aerial Incursions – Reflections on the Applicable Law

Thursday, July 4, 2019
Mohamed S. Helal is an Assistant Professor of Law at The Ohio State University Mortiz College of Law and an Affiliated Faculty with the Mershon Center for International Security Studies. I don’t want to say it, but I will anyway: I told you so! On June 4th, I posted a two part post on Opinio Juris (here and here) on...

Events and Announcements: June 30, 2019

Sunday, June 30, 2019
Call for Papers The BISA Working Group on Peacekeeping and Peacebuilding, with funding from the BISA Postgraduate Network, is organising an interdisciplinary PGR workshop entitled ‘Militarisation and the Local in Peacekeeping: Ambition, Pragmatism and Adaptability’ to be held atCity, University of London on 20 September 2019. The workshop is the first of a four part series incorporating practitioners as well as academics and will explore...

When ‘PR’ does not rhyme with ‘BHR’: Public Relations, Business and Human Rights and the Khashoggi Report

Thursday, June 27, 2019
[Marie Davoise is an English-qualified lawyer who specialises in business & human rights and international criminal law. Previously in private practice, she is currently working as a Visiting Professional at the International Criminal Court.] When it comes to business and human rights, some sectors are considered as inherently high-risk: take for example the extractive industry, with its large mining projects...

The Khashoggi Case: Implications of the Report of the U.N. Special Rapporteur

Tuesday, June 25, 2019
The UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Agnes Callamard, released her report into the killing of journalist Jamal Khashoggi last Wednesday. The report traces with careful detail the run up to, and the eventual extrajudicial execution of Jamal Khashoggi in the Saudi Arabian consulate in Turkey, analyzing the available evidence and applicable international law.  The release of the report...

On Calling Things What They Are: Family Separation and Enforced Disappearance of Children

Monday, June 24, 2019
Recently, there’s been many a discussion in the Global North on the semiotics of law. What does it mean to say there was a genocide in Canada or that ICE runs concentration camps. In general, these debates follow a similar pattern: specific groups of people are outraged that scholars and experts would use the correct terminology to describe a policy...

Events and Announcements: June 23, 2019

Sunday, June 23, 2019
Featured Announcement SOAS Executive Course in Public International Law The School of Law at SOAS, University of London, is pleased to announce that its Executive Course in Public International Law, 9-13 September 2019, is now open for applications. Taught by some of the leading international lawyers in the UK, the short course is for professionals, but open to anyone interested in...