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What happens when criminal justice goes international?

13/11/2017 – 11:21 am |

Mikkel Jarle Christensen, associate professor in iCourts, and Ron Levi, professor at the Munk School of Global Affairs, have published a new edited volume with Routledge: International Practices of Criminal Law: Social and Legal Perspectives.
The edited volume examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international …

Tanja Altunjan and Aziz Epik: The International Criminal Court in Crisis?

17/01/2017 – 1:48 pm | 2 Comments

By Tanja Altunjan and Dr. Aziz Epik
Tanja Altunjan is a Research Fellow and Dr. Aziz Epik is a Senior Research Fellow to the Chair for German and International Criminal Law, Criminal Procedure and Modern Legal History, Prof. Gerhard Werle, Humboldt-University, Berlin.
70 years after the International Military Tribunal passed its Nuremberg judgment, the International Criminal Court (ICC) – the first permanent institution for the prosecution of …

Reading the Report of the African Union Commission of Inquiry on South Sudan (AUCISS)

05/11/2015 – 7:47 am | Comments Off on Reading the Report of the African Union Commission of Inquiry on South Sudan (AUCISS)

By Solomon A Dersso (Commissioner at the African Commission on Human and Peoples’ Rights. Dr. Dersso is a legal scholar and analyst of African Affairs).
Cross-posted from the author’s blog.
 Introduction
Finally, 10 months after AUCISS completed its investigations and seven months after it initially tabled one of its reports, the time has arrived to make the AUCISS report public. At a summit level meeting held in New York on …

ICC prosecutor urges UN action in Darfur

19/06/2014 – 3:50 pm | Comments Off on ICC prosecutor urges UN action in Darfur

Source: JURIST
“Chief prosecutor for the International Criminal Court (ICC) [official website] Fatou Bensouda on Tuesday urged the UN Security Council (UNSC) to take action to end the conflict in Darfur [JURIST news archive] and bring perpetrators to justice [UN News Centre report]. Bensouda noted that it has been nearly 10 years since the UNSC referred the situation in Darfur to the ICC. She sharply …

New Issue: African Journal of International and Comparative Law

20/02/2014 – 7:57 pm | Comments Off on New Issue: African Journal of International and Comparative Law

A new issue of the African Journal of International and Comparative Law
has been made available by Edinburgh University Press.
Table of contents:
African Journal of International and Comparative Law
Volume: 22, Number: 1 (Feb 2014)
Choosing between the UN and OECD Tax Policy Models: An African Case Study
Veronika Daurer and Richard Krever
International Oil and Gas Environmental Legal Framework and the
Precautionary Principle: …

The Kenyan Situation before the ICC: The Twists and Turns of a Difficult Process (III)

07/11/2013 – 11:18 am | Comments Off on The Kenyan Situation before the ICC: The Twists and Turns of a Difficult Process (III)

By Agnieszka Cybulska and Gentian Zyberi
In this third and last post we discuss the interaction between the African Union and the ICC with regard to the Kenyan situation and the possible legal and political repercussions that might have on the work of the ICC.
African Union Summit
Following the ICC’s response to the AU’s letter, which stated that the request does not constitute a request legally presented within …

The Kenyan Situation before the ICC: The Twists and Turns of a Difficult Process (II)

06/11/2013 – 9:11 am | Comments Off on The Kenyan Situation before the ICC: The Twists and Turns of a Difficult Process (II)

By Agnieszka Cybulska and Gentian Zyberi
Change of venue
Having failed to argue the cases as inadmissible before the ICC, the defense team for Mr Kenyatta and (at that time) Mr Mathura filed with the Presidency an application on 3 December 2012 pursuant to articles 3(3) and 62 of the Rome Statute, and rule 100 of the Rules of Procedure and Evidence (hereby Rules), for a change …

The Kenyan Situation before the ICC: The Twists and Turns of a Difficult Process (I)

05/11/2013 – 11:54 am | Comments Off on The Kenyan Situation before the ICC: The Twists and Turns of a Difficult Process (I)

* Gentian Zyberi, Associate Professor, Norwegian Centre for Human Rights (NCHR), University of Oslo.
* Agnieszka Cybulska, Research Assistant at the Norwegian Centre for Human Rights (NCHR), University of Oslo. Agnieszka holds a BCs in International Relations from Lillehammer University College and a MPhil in Theory and Practice of Human Rights from the University of Oslo.
Introduction
This is the first of three blog-posts addressing the …

Edited volume: ‘An Institutional Approach to the Responsibility to Protect’, Cambridge University Press, 2013

01/07/2013 – 10:23 am | Comments Off on Edited volume: ‘An Institutional Approach to the Responsibility to Protect’, Cambridge University Press, 2013

My edited book entitled ‘An Institutional Approach to the Responsibility to Protect’ has been published last week by Cambridge University Press. Kevin T. Mason has ably and kindly assisted me in the editing process. Through its 22 chapters, covering the State, the main political organs of the UN, important regional and security organizations, international judicial institutions and the regional human rights protection systems, the book …

ICC Prosecutor statement to the UN Security Council

06/06/2013 – 3:54 pm | Comments Off on ICC Prosecutor statement to the UN Security Council

The ICC Office of the Prosecutor issued a statement yesterday to the UN Security Council on the situation in Darfur, Sudan.
The OTP expressed its ‘deep sense of disappointment’ with the situation, pointing out that ‘each briefing has been followed by inaction and paralysis within the Council’.
The OTP raised concerns about the growing number of displaced people, the ongoing violence in Darfur, and the need to …

Update on the African Court of Human Rights

07/04/2013 – 7:36 pm | Comments Off on Update on the African Court of Human Rights

The African Court of Human Rights, which has its seat in Arusha (Tanzania), delivered one Judgment and issued 2 Orders for provisional measures on 15 March 2013. The Judgment was in respect of Application 014/2001: Atabong Denis Atemnkeng v. The African Union.

The matter in Application 014/2001: Atabong Denis Atemnkeng v. The African Union concerns the validity of Article 34 (6) of the Protocol to the African Charter on …

A landmark provisional ruling of the African Court on Human and People’s Rights on Libya

02/04/2011 – 10:20 am | Comments Off on A landmark provisional ruling of the African Court on Human and People’s Rights on Libya

It is a pleasure to introduce to our readers this guest post from Abebe A. Mulugeta, Doctoral Researcher at the University of Bern, Switzerland; a welcome addition to our extensive coverage of the situation in Libya. His post concerns the late March decision on provisional measures issued by the African Court on Human and People’s Rights with regard to the situation in Libya.

Many have been criticizing, …

What law is applicable to the situation in Libya?

28/03/2011 – 10:56 pm | One Comment

That is an open-ended question which I got recently. Well, given the grave situation in Libya with its many facets, such a question calls for a somewhat long response; even if time as a variable remains relative. And speaking about time, before getting to the question itself, the response of the international community to the crisis in Libya probably has set a new world record …

African states promote UN resolution against female circumcision

13/05/2010 – 3:58 pm | 3 Comments

Last week, officials from 27 African states, United Nations envoys and international activists assembled in Dakar, Senegal, for a conference on female circumcision. The aim of the meeting was to encourage the adoption of a universal resolution that explicitly prohibits female genital mutilation as a practice that violates human rights.
According to the World Health Organisation, between 120 and 140 million girls and women in about …

South North Dialogue on the Al-Bashir Arrest Warrant

17/04/2010 – 10:08 am | Comments Off on South North Dialogue on the Al-Bashir Arrest Warrant

Africa Legal Aid  (ALFA) will be holding a one day conference in The Hague on 26 April 2010,  titled “Al-Bashir Arrest Warrant: The World vs Africa or the African Union vs the People of Africa.” The aim is to explore the South/ North dimensions of the emerging regime of international criminal justice and discuss the views of both proponents and opponents of the actions of the …

African Union Establishes a New Organ: AUCIL

19/05/2009 – 7:48 am | 3 Comments

The African Union has given birth to a new entity, the African Union Commission on International Law (AUCIL). This new advisory organ to the AU is established in terms of Article 2 of the Statute of the African Union Commission on International Law that was adopted by the Assembly of the Union during the 12th Ordinary Session held in Addis Ababa, Ethiopia in February 2009. …

Cultivating Peace and Security As A Means of Protecting Human Rights In Africa: Back to the Basics

25/02/2009 – 10:44 am | Comments Off on Cultivating Peace and Security As A Means of Protecting Human Rights In Africa: Back to the Basics

Africa is a continent where conflict is rife. Peace and security is arguably absent in many African states and human rights are not protected. The responsibility for ensuring peace and stability lies with the African Union (AU), at least at the regional level. It is a good to reflect on the provisions within the AU in this regard.
Article 23 (1) of the Charter on Human …

Arrest Order for Bashir Approved

12/02/2009 – 11:31 am | Comments Off on Arrest Order for Bashir Approved

NY Times reports that judges at the ICC have now approved the arrest warrant for President Omar Hassan al-Bashir of Sudan. We have previously blogged on the issue here and here. The decision has not yet been made public. It is the first time that he Court is seeking the arrest of an incumbent head of state.
The matter is, as noted by Julian Ku, controversial …