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Article Archive for July 2008

New contents: "Clip of the week"

29/07/2008 – 7:51 am | 2 Comments

As you might have noticed, the International Law Observer has been enhanced with an additional feature called “Clip of the Week”. This element has been added to pay tribute to the fact that more and more video material especially targeting legal issues and containing substantive legal information is available online. This includes interviews with renowned scholars and practitioners (see the added interviews with Judge Weeramantry …

ECHR Chamber judgement holds Tamil expulsion would violate Article 3

22/07/2008 – 9:04 pm | Comments Off on ECHR Chamber judgement holds Tamil expulsion would violate Article 3

A few days ago, on 17 July 2008, the European Court of Human Rights handed down a rather hopeful judgement in the case of NA. v. the United Kingdom where it held that the applicant’s expulsion to Sri Lanka would be a violation of Article 3 of the ECHR. NA came to the UK clandestinely in 1999 and sought asylum following the numerous occasions of …

Karadžić captured

22/07/2008 – 8:44 am | One Comment

Better late than never: the Bosnian Serb war crimes suspect Radovan Karadžić was captured yesterday. Karadžić was indicted for genocide, complicity in genocide, extermination, murder, willful killing, persecutions, deportation, inhumane acts, unlawfully inflicting terror upon civilians and taking of hostages by the International Tribunal for the former Yugoslavia and there had been an outstanding arrest warrant for almost a decade. The first indictment was issued by the …

ICJ orders provisional measures in US-Mexico dispute over interpretation of previous judgment

17/07/2008 – 5:29 pm | Comments Off on ICJ orders provisional measures in US-Mexico dispute over interpretation of previous judgment

The International Court of Justice issued an order for provisional measures against the United States (US) on 16 July.  The Court ordered the US to take all necessary measures to ensure that Jose Medellin and other named Mexican nationals currently on death row in Texas were not executed pending the settlement of the dispute between Mexico and the US over the interpretation of the judgment …

'Rome wasn't built in a day' – 10th anniversary of the signing of the Rome Statute

17/07/2008 – 8:40 am | Comments Off on 'Rome wasn't built in a day' – 10th anniversary of the signing of the Rome Statute

Ten years ago, on 17th July 1998, the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court adopted the Rome Statute on the International Criminal Court. It was a significant step in the development of international criminal law, in the desire to actually fight impunity and for the development of the whole of public international law. Today, ten years later, …

Video-linked (conference) court hearings and violations of the right to a fair trial

15/07/2008 – 6:43 pm | Comments Off on Video-linked (conference) court hearings and violations of the right to a fair trial

The phenomenon of video-linked (or conference) court hearings has gained very subliminal momentum, which had been paralysed very fast and did not reproduce itself as much until its more recent recurrences of which the following will discuss two, one from the UK and one from occupied Palestinian territories.
Just yesterday, on 14 July, 2008, the Israeli High Court of Justice (Supreme Court) ruled, in the case …

ICC prosecutor seeking arrest warrant for the President of Sudan

14/07/2008 – 9:55 pm | Comments Off on ICC prosecutor seeking arrest warrant for the President of Sudan

Today, the ICC Prosecutor finally confirmed numerous news reports of the last days (which also were mentioned on several law blogs) presenting evidence against Sudan’s President Omar Al-Bashir and also requesting an arrest warrant. According to Mr Luis Moreno-Ocampo, the President of Sudan “bears criminal responsibility in relation to 10 counts of genocide, crimes against humanity and war crimes“. The Prosecutor went on to state that President …

Pragmatism distanced from principle, or disengaged politicking? A conference on IHL enforceability and a judgement of the Israeli Supreme Court*

14/07/2008 – 9:22 pm | Comments Off on Pragmatism distanced from principle, or disengaged politicking? A conference on IHL enforceability and a judgement of the Israeli Supreme Court*

A while ago, on June 1, 2008 I attended an international conference under the title ‘Complimenting IHL: Exploring the need for additional norms to govern contemporary conflict situations’ organised by the Minerva Center for Human Rights of the Hebrew University of Jerusalem and the ICRC. The question at stake was whether the problems created by an archaic legislative framework of international humanitarian law called for …

New author joins International Law Observer

14/07/2008 – 4:24 pm | Comments Off on New author joins International Law Observer

After having Eitan Diamond from the ICRC join our team of authors in mid-June, it is now time for another expansion of our group. This time, we are glad to welcome Valentina Azarov as a new author. Valentina may already be familiar to some of our readers since she used to be an author for the academic weblog nonliquetblog.blogspot.com. She has extensive experience from working for …

Final Guidelines on application of Article 81 of the EC Treaty to maritime transport services

09/07/2008 – 7:28 am | Comments Off on Final Guidelines on application of Article 81 of the EC Treaty to maritime transport services

This is a follow up to my report of 17 September 2007.
On the 1st July 2008 the Commission issued final Guidelines on the application of Article 81 EC to maritime transport services. http://ec.europa.eu/comm/competition/antitrust/legislation/maritime/
By virtue of Council Regulation 1419/2006, three fundamental changes were introduced in the maritime transport services market in the EU related trades. First, block exemption for liner conferences was repealed (for the existing …

Can the Lubanga trial proceed?

07/07/2008 – 6:30 am | Comments Off on Can the Lubanga trial proceed?

On Saturday, Opinio Juris reported that the obstacles in the Lubanga case may have been lifted and that the trial may continue. Apparently, the solution was brought about by the UN itself, who agreed to disclose the disputed evidence not only to the judges of the Trial Chamber but also to the defense.
This whole process may – although it certainly did not look this way …

ICTY Appeals Chamber Judgement in the Case of Naser Orić

03/07/2008 – 2:04 pm | Comments Off on ICTY Appeals Chamber Judgement in the Case of Naser Orić

The ICTY Appeals Chamber today, 3 July 2008, acquitted Naser Orić, a former commander of Bosnian Muslim forces in and around Srebrenica, of crimes committed during the 1992-1995 conflict.
On 30 June 2006, the ICTY Trial Chamber found that Orić was guilty of failing to take necessary and reasonable measures to prevent the murder and cruel treatment of a number of Bosnian Serbs held at the …

International conference on marine affairs and the Law of the Sea

03/07/2008 – 5:13 am | Comments Off on International conference on marine affairs and the Law of the Sea

In connection with its 50th anniversary, the Fridtjof Nansen Institute (FNI) will on 21-23 August 2008 organize an international conference on marine affairs and the Law of the Sea in Oslo, Norway. The conference is entitled “The World Ocean in Globalization: Challenges for Marine Regions”, and is to provide an independent and qualified forum for the exchange of views, analyses and comments on challenges for …

Conference on International Arbitration involving parties from the Arab World

03/07/2008 – 5:09 am | Comments Off on Conference on International Arbitration involving parties from the Arab World

The Arbitration Institute of the Stockholm Chamber of Commerce (SCC)  is hosting a Conference on International Arbitration involving Parties from the Arab World
The event will take place 23 October 2008, Stockholm, Sweden
The Conference will deal with critical issues in international arbitration involving parties from the Arab World. Among the questions that will be addressed are the following:
* What are the options in the Arab countries …

International Law Observer among top 100 Law and Lawyer Blogs

02/07/2008 – 6:34 am | Comments Off on International Law Observer among top 100 Law and Lawyer Blogs

After one year of blogging on international law related subjects we (the authors) were glad to see that International Law Observer has now been chosen to be one of the top 100 Law and Lawyer Blogs by the Criminal Justice Degrees Guide. This recognition is all the more enjoyable when considering that International Law Observer was one of only ten law blogs focusing specifically on …

France takes over the rotating presidency of the Council of the EU

01/07/2008 – 9:53 am | One Comment

Today on 1st July, France takes over the presidency of the Council of the European Union from Slovenia. The transfer takes place at a crucial point in time for the EU. Following the Irish referendum of 12th June this year, when Ireland turned down the ratification of the Treaty of Lisbon (we reported earlier on the ratification process), the Union finds itself in somewhat of …