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Article Archive for October 2013

ICC: Kenya leader not excused from attending trial

27/10/2013 – 1:18 am | Comments Off on ICC: Kenya leader not excused from attending trial

Source: JURIST
The Appeals Chamber of the International Criminal Court (ICC) ruled Friday that Kenyan Deputy President William Ruto must be present for most of his trial at The Hague, unanimously reversing  the Trial Chamber’s decision  to grant a conditional excusal from continuous physical presence. While the Trial Chamber enjoys discretion under Article 63(1) of the Rome Statute, which states that “[t]he accused shall be present during the trial,” the Appeals Chamber determined that …

UN rights experts urge greater accountability, transparency in use of drones

27/10/2013 – 1:16 am | Comments Off on UN rights experts urge greater accountability, transparency in use of drones

Source: JURIST
Two UN rights experts issued separate reports to the UN General Assembly  Thursday calling upon states to increase transparency in the use of drones and to investigate allegations of civilian deaths in drone strikes. According to the UN press release, the report  by UN Special Rapporteur on counter-terrorism Ben Emmerson focuses on the use of combat drones in counter-terrorism operations and its impact on civilian populations. The report from UN Special Rapporteur on …

UN rights expert on Torture urges review of prisoner treatment

27/10/2013 – 1:08 am | Comments Off on UN rights expert on Torture urges review of prisoner treatment

Source: JURIST
UN Special Rapporteur on torture Juan Mendez on Tuesday encouraged governmental review of the UN Standard Minimum Rules for Treatment of Prisoners adopted in 1955, with particular emphasis on limiting solitary confinement. Mendez noted the rules fail to keep pace with international human rights law regarding torture, as there is no explicit language prohibiting torture and other forms ill-treatment. The Rapporteur said that a review of the rules must not …

UN indigenous rights expert calls for greater awareness of human rights values

27/10/2013 – 1:04 am | Comments Off on UN indigenous rights expert calls for greater awareness of human rights values

Source: JURIST
The UN special rapporteur on the rights of indigenous peoples James Anaya on Tuesday voiced concern over the fate of the UN Declaration on the Rights of Indigenous Peoples, stating that its implementation would be “difficult, if not impossible” without greater awareness of human rights values. The declaration was adopted by the General Assembly in 2007 and “marked a historic moment of recognition of the existence of indigenous peoples.” …

UN women’s rights body adopts landmark rule

27/10/2013 – 1:01 am | Comments Off on UN women’s rights body adopts landmark rule

Source: JURIST
The UN Committee on the Elimination of Discrimination against Women(CEDAW) on Wednesday recommended a rule surrounding the obligations states owe to women during and after conflict. The recommendation was put forward in an attempt to provide guidance to the signatories of the Convention on the Elimination of All Forms of Discrimination against Women. The CEDAW emphasized the need for states to protect women’s rights during all stages of the conflict …

Kenya demands Security Council to delay ICC trials

27/10/2013 – 12:56 am | Comments Off on Kenya demands Security Council to delay ICC trials

Source: JURIST
In an open letter to the UN Security Council on Wednesday, Kenya’s UN Ambassador Macharia Kamau requested that the International Criminal Court (ICC) defer the trials against Kenyan officials. Kamau emphasized the country’s current security struggles and how the continued trial could prevent Kenya from fully addressing the nation’s problems. The Security Council has the power to defer trials under Article 16 of the …

Leiden Journal of International Law: New article

27/10/2013 – 12:51 am | Comments Off on Leiden Journal of International Law: New article

New article in the Leiden Journal of International Law:
Nuclear Powers’ Disarmament Obligation under the Treaty on the Non-Proliferation of Nuclear Weapons and the Comprehensive Nuclear Test Ban Treaty: Interactions between Soft Law and Hard Law
ALESSANDRA PIETROBON
Click here for the link.

Transnational Environmental Law: New article

27/10/2013 – 12:49 am | Comments Off on Transnational Environmental Law: New article

New article in the Transnational Environmental Law:
Change and Subjectivity in International Environmental Law: The Micro-Politics of the Transformation of Biodiversity into Genetic Gold
Andreas Kotsakis
Click here for the link.

International Review of the Red Cross: New article

27/10/2013 – 12:35 am | Comments Off on International Review of the Red Cross: New article

New published article in the International Review of the Red Cross:
The ICRC and the changing humanitarian landscape
Ban Ki-moon
Click here for the link.

ADC-ICTY Legacy Conference, 29 November 2013, The Hague

24/10/2013 – 4:47 pm | Comments Off on ADC-ICTY Legacy Conference, 29 November 2013, The Hague

The Association of Defence Counsel Practising before the ICTY (ADC-ICTY) Legacy Conference will take place on Friday, 29 November 2013, in the Bel Air Hotel in The Hague.
The keynote speech will be delivered by H.E. Judge Theodor Meron, ICTY President. Speakers and moderators include The Right Hon. Lord Iain Bonomy, Judge Bakone Justice Moloto, Judge Howard Morrison, as well as renowned Defence Counsel.
The program of …

Call for Papers – Oxford Human Rights Hub

23/10/2013 – 5:13 pm | Comments Off on Call for Papers – Oxford Human Rights Hub

Perspective-Call For Papers

The Oxford Human Rights Hub is pleased to announce a call for papers for a major global conference on Women and Poverty: A Human Rights Perspective to be held in Kigali, Rwanda on April 28-30, 2014.
This conference will bring together and foster a network among leading academics in various disciplines, legal practitioners, prominent local, regional and international NGOs, human rights bodies, governmental officials, …

New from Oxford University Press in 2013 – London Review of International Law

22/10/2013 – 3:46 pm | Comments Off on New from Oxford University Press in 2013 – London Review of International Law

The London Review of International Law publishes highest-quality scholarship on international law from around the world. Reflecting the pace and reach of developments in the field, the London Review seeks to capture the ways in which received ideas are being challenged and reshaped by new subject-matters, new participants, new conceptual apparatuses and new cross-disciplinary connections. Central aims of the London Review are to encourage imaginative thinking, …

Request for provisional measures: Kingdom of Netherlands v. Russian Federation (Arctic Sunrise)

22/10/2013 – 10:03 am | Comments Off on Request for provisional measures: Kingdom of Netherlands v. Russian Federation (Arctic Sunrise)

On 22 November 2013 ITLOS ordered the Russian Federation to release the Arctic Sunrise and her crew from detention and allow to leave the territory and maritime zones of Russia for a bond in the amount of Eur 3 600 000. Russia did not attend the hearings of the ITLOS as it did not consider that ITLOS has jurisdiction over the matter. The Tribunal has …

The Arab League supports Saudi Arabia’s decision to reject UN Security Council seat

21/10/2013 – 4:57 pm | Comments Off on The Arab League supports Saudi Arabia’s decision to reject UN Security Council seat

Arab League chief Nabil al-Arabi declared on Sunday support for Saudi Arabia’s decision to reject a seat on the UN Security Council (UNSC) after several Arab ambassadors criticized the decision earlier this week. The UN awarded Saudi Arabia a two-year position on the UNSC Thursday along with Chad, Chile, Lithuania and Nigeria. The Saudi government, however, declined the position Friday and accused the UNSC of …

New Appearance: The Journal of World Investment and Trade

21/10/2013 – 4:54 pm | Comments Off on New Appearance: The Journal of World Investment and Trade

Editor-in-Chief: Stephan Schill, Max Planck Institute for Comparative Public Law and International Law

The Journal of World Investment & Trade (JWIT) is a double-blind peer-reviewed journal that focuses on the legal aspects of foreign investment relations in a broad sense. This encompasses the law of bilateral, multilateral, regional and sectoral investment treaties, investor-State dispute settlement, and domestic law relating to foreign investment, but also relevant trade …

Right to paid leave of absence to commissioning parents of a surrogate child (Advocate General Wahl’s Opinion of 26 September 2013 in Case C-363/12)

21/10/2013 – 3:12 pm | Comments Off on Right to paid leave of absence to commissioning parents of a surrogate child (Advocate General Wahl’s Opinion of 26 September 2013 in Case C-363/12)

 
This is a note on a case involving surrogate parents’ rights to paid leave under EU law. National laws really differ in this respect; according to Wikipedia some prohibit it altogether, whether commercial or altruistic (e.g. France, Norway); some allow also commercial surrogacy(India or Russia, for example); some leave it unregulated so far (Ireland as an example in this case).
In 2013, DG Internal Policies carried …

ICJ to deliver its judgment in Cambodia v. Thailand case

19/10/2013 – 3:42 pm | Comments Off on ICJ to deliver its judgment in Cambodia v. Thailand case

On Monday 11 November 2013, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, will deliver its Judgment in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand).
Details concerning the delivery of the judgment can be found here.
For summary of history of the …

Khmer Rouge tribunal hears closing arguments

19/10/2013 – 3:21 pm | Comments Off on Khmer Rouge tribunal hears closing arguments

Source: JURIST
The Extraordinary Chambers in the Courts of Cambodia (ECCC) on Wednesday [16 October 2013] began hearing closing arguments in the case against two former Khmer Rouge leaders. Nuon Chea, also known as “Brother Number 2,” and Khieu Samphan, former head of state, are accused of leading the Khmer regime, which caused the death of 2 million people during their reign. The arguments mark the …