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Article Archive for February 2012

The Issue of Contempt of Court at the ICTY

28/02/2012 – 9:36 am | 2 Comments

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 over the years to allow the Tribunal to respond to …

2012 International Criminal Court Summer School

26/02/2012 – 8:48 pm | One Comment

Since I attended the International Criminal Court Summer School myself, I feel particularly pleased to make the following announced, on behalf of Rhonda Ferguson, for this year’s edition of this excellent summer course:
The Irish Centre for Human Rights is pleased to announce the eleventh annual International Criminal Court Summer School to take place June 18-22, 2012.   The course will cover all important aspects of the …

New blog online

26/02/2012 – 8:45 pm | 2 Comments

Our readers might be interested to learn about the new Erga Omnes weblog. Here is a description of what the website is about:

This site explores universal jurisdiction, through the prism of politics and human rights. Universal jurisdiction is the revolutionary idea that any country can prosecute anyone for basic human rights crimes committed anywhere. Usually, this is a topic covered by legal experts, but I’m …

Trial Chamber I Order on the applications by victims to participate and for reparations in the Lubanga case

22/02/2012 – 3:34 pm | Comments Off on Trial Chamber I Order on the applications by victims to participate and for reparations in the Lubanga case

In November 2011, the Registry of the ICC requested Trial Chamber I instructions on victim’s applications for participation and reparations in the Lubanga case. The Registry had received 27 new applications to participate in the proceedings and 25 new applications for reparations, which appeared to be linked to the case. Trial Chamber I issued its order on this motion on 27 January 2012 (for the …

Exploiting A ‘Dynamic’ Interpretation? The Israeli High Court of Justice Accepts the Legality of Israel’s Quarrying Activities in the Occupied Palestinian Territory

16/02/2012 – 4:25 pm | Comments Off on Exploiting A ‘Dynamic’ Interpretation? The Israeli High Court of Justice Accepts the Legality of Israel’s Quarrying Activities in the Occupied Palestinian Territory

Cross-posted from EJIL:Talk!.
On 26 December 2011, the Israeli High Court of Justice rendered its judgment in the case concerning Israel’s quarrying activities in the occupied Palestinian territory filed by the Israeli human rights organisation Yesh Din, who demanded that Israel terminate its quarrying activities since they violate Israel’s obligation as an Occupying Power to administer the occupied territory for the benefit of the local population (HCJ 2164/09 Yesh …

The Activity of the European Court of Human Rights in 2011

10/02/2012 – 2:10 pm | Comments Off on The Activity of the European Court of Human Rights in 2011

On 26 January 2012 the European Court of Human Rights held its annual press conference.  On this occasion, Sir Nicolas Bratza, the President of the Court, presented a summary of the Court’s activities and its statistics for 2011. Among others he said that the European governments must assume their part of the shared responsibility for the protection of human rights across the continent. Basically, that …

IHL Experts Analyze the Legal Issues and Implications of the Gotovina Trial Judgment

10/02/2012 – 1:41 pm | One Comment

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 Yugoslavia (ICTY) in the case of Prosecutor v. Gotovina, which …

Under the Guise of Security? Population Control by the Occupying Power

07/02/2012 – 7:22 pm | Comments Off on Under the Guise of Security? Population Control by the Occupying Power

Human Rights Watch (HRW) released a new report, on 5 February 2012, that exposes the ways in which Israel controls immigration and nationality in the occupied Palestinian territory (OPT) through  the population registry, which it established in September 1967. The first census conducted upon its establishment resulted in the exclusion of at least 270,000 individuals. In another wave, Israel excluded a further 130,000 West Bank …

Vacancy: British Red Cross Research Fellow

07/02/2012 – 9:00 am | Comments Off on Vacancy: British Red Cross Research Fellow

The British Red Cross is recruiting a British Red Cross Research Fellow to update the practice section of the study on customary international humanitarian law published by the ICRC. Further details can be found here.

International symposium on: Precursors to International Constitutionalism

07/02/2012 – 8:20 am | Comments Off on International symposium on: Precursors to International Constitutionalism

The Goettingen Journal of International Law (GoJIL) in cooperation with the Institute of International and European Law, Georg-August-Universität Göttingen, and the Minerva Center for Human Rights, Hebrew University of Jerusalem, is pleased to announce its international symposium on
Precursors to International Constitutionalism: The Development of the German Constitutional Approach to International Law
March 9-10 2012, Paulinerkirche, Göttingen, Germany
International constitutionalism is in the focus of contemporary international legal …

Elections at the ICJ

06/02/2012 – 5:26 pm | Comments Off on Elections at the ICJ

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 Chamber of Summary Procedure is now the following:
Members: President Peter Tomka …

Judgment Issued in the Case Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)

03/02/2012 – 11:54 pm | Comments Off on Judgment Issued in the Case Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)

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 some very minor changes. For a summary of the Court’s …

Update on the ICJ's activity at the beginning of 2012

02/02/2012 – 8:50 pm | Comments Off on Update on the ICJ's activity at the beginning of 2012

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 Justice (ICJ). Mr. Al-Khasawneh resigned as Member of the Court following …