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The Assembly of States Parties Requests the International Criminal Court to Establish Coherent Principles Relating to Reparations for Victims

21/01/2012 – 11:32 pm | Comments Off on The Assembly of States Parties Requests the International Criminal Court to Establish Coherent Principles Relating to Reparations for Victims

The important issues dealt with during the Tenth Session of the Assembly of States Parties in New York in late December 2011 include not only the election of the ICC Prosecutor and six judges (see here), but also the adoption of a few important resolutions. This post will discuss Resolution ICC-ASP/10/Res.3 on reparations, adopted by consensus at the 7th plenary meeting on 20 December 2011. …

Max Planck Encyclopedia of Public International Law – Print Edition

18/01/2012 – 9:51 pm | Comments Off on Max Planck Encyclopedia of Public International Law – Print Edition

In the past couple of years, we have regularly reported on the Max Planck Encyclopedia of Public International Law, the leading reference work in international law which is being prepared under the general editorship of Professor Rüdiger Wolfrum of the Max Planck Institute in Heidelberg, Germany. The Max Planck Encyclopedia has been available for some time in an online edition, but Oxford University Press now …

WIPO Diplomatic Conference on the Protection of Audio Visual Perfomances Slated for June 2012 in Beijing.

18/01/2012 – 6:16 am | Comments Off on WIPO Diplomatic Conference on the Protection of Audio Visual Perfomances Slated for June 2012 in Beijing.

Introduction
Creative control over one’s artistic endeavor is an important right that an artist strives to retain. In addition to creative control, artists seek to prevent the unlawful distribution of the creative product, insist on being acknowledged as the creator of the work, and aim to achieve adequate compensation for the creation. Through union organization, treaties and national legislation, countries have tried to ensure that these …

The ICTY Residual Mechanism

16/01/2012 – 5:14 pm | Comments Off on The ICTY Residual Mechanism

In December 2011 the ICTY Registry launched a dedicated web feature (within the ICTY website) to provide a better understanding of the role and functions of the future Residual Mechanism of the Tribunal. The Residual Mechanism of the ICTY is meant to continue the important work which needs to be carried out once the Tribunal completes its mandate. This ad hoc body established by Security Council …

10 years Guantanamo: continuing the practice of detention without trial?

11/01/2012 – 1:32 pm | Comments Off on 10 years Guantanamo: continuing the practice of detention without trial?

Today is the tenth anniversary of the transfer of the first detainees to the United States naval base in Guantánamo Bay, in Cuba. And with the recent adoption of the 2012 National Defense Authorization Act (NDAA) (section 1021) the practice of indefinite detention without charge or trial of terrorism suspects has been legalized in the US; for foreign nationals that is.
Apparently, habeas corpus and universal human rights standards are not worth …

Decision on Challenge to Arbitrator in Chagos Dispute

10/01/2012 – 4:27 pm | One Comment

Back in December 2010, Mauritius initiated proceedings against the United Kingdom challenging the establishment of a Marine Protected Area (MPA) around the Chagos Archipelago as a violation of the 1982 United Nations Convention on the Law of the Sea.  Mauritius is expected to argue that the United Kingdom had no right to establish an MPA because it does not have sovereignty over the archipelago.  Yet, …

UNCTAD conference on the Principles on Responsible Sovereign Borrowing and Lending

05/01/2012 – 7:38 pm | Comments Off on UNCTAD conference on the Principles on Responsible Sovereign Borrowing and Lending

In an earlier post here on International Law Observer, I drew our readers attention to the so-called “Principles on Responsible Sovereign Borrowing and Lending” (read more here). These Principles were drafted by an Expert Group and aimed to guide responsible sovereign lending and borrowing. In this context, UNCTAD, together with the University Autónoma of Madrid through its schools of Law and Economics, is now organizing the …

Upcoming conference on the lessons learned from the Lubanga Trial

05/01/2012 – 7:11 pm | Comments Off on Upcoming conference on the lessons learned from the Lubanga Trial

On March 8-9, 2012, The International Criminal Court Student Network will convene a conference on the ICC’s first case: The case of Thomas Lubanga Dyilo.
This conference offers undergraduate, graduate and law students, and early professionals/academics (generally within five years of terminal degree) studying or working in the field of International Criminal Law an opportunity to both present and discuss their research. Invited speakers will be …

2011 in review

05/01/2012 – 7:00 pm | Comments Off on 2011 in review

The WordPress.com stats helper monkeys prepared a 2011 annual report for this blog.

Here’s an excerpt:
The Louvre Museum has 8.5 million visitors per year. This blog was viewed about 120,000 times in 2011. If it were an exhibit at the Louvre Museum, it would take about 5 days for that many people to see it.
Click here to see the complete report.

Iranian threat to close Strait of Hormuz

05/01/2012 – 1:28 pm | One Comment

The recent threat by Iran to “bar foreign warships from the Gulf” raises a classic issue in the law of the sea – the legality of coastal states demanding authorization for warships to pass through their waters.  The water in question is the Strait of Hormuz, linking the Persian Gulf with the Gulf of Oman and the Arabian Sea. It is an incredibly important route …

Croatia to withdraw its case against Serbia?

03/01/2012 – 11:11 am | Comments Off on Croatia to withdraw its case against Serbia?

Recently I read in the news that Croatia is going to withdraw its case against Serbia. This case was brought before the International Court of Justice in 1999 and is based on Article IX of the 1948 Genocide Convention. To be more precise, the application instituting proceedings was filed on 2 July 1999. Croatia claims that Serbia has breached several of its obligations under the …

Callixte Mbarushimana Released from ICC Custody

31/12/2011 – 3:46 pm | Comments Off on Callixte Mbarushimana Released from ICC Custody

Callixte Mbarushimana was surrendered to the custody of the ICC by French authorities on 25 January 2011, in accordance with the warrant of arrest delivered against him on 28 September 2010 by Pre-Trial Chamber I. In the document containing the charges, the Prosecutor charged Mr Mbarushimana with five counts of crimes against humanity (murder, inhumane acts, rape, torture, and persecution) and eight counts of war …

Extension of dispute between Costa Rica and Nicaragua

30/12/2011 – 10:58 am | Comments Off on Extension of dispute between Costa Rica and Nicaragua

With one dispute between Costa Rica and Nicaragua already pending before the International Court of Justice , Nicaragua has initiated a new claim at the Court alleging that Costa Rica has caused transboundary pollution through the construction of a road on the border of the two countries.

Rest in Peace, President Havel

21/12/2011 – 7:04 pm | Comments Off on Rest in Peace, President Havel

Vaclav Havel, writer and well-known dissident of the communist rule in Czechoslovakia, and from 1989 to 2003 an iconic statesman, first of Czechoslovakia (1989) and then of the Czech Republic (1993) died at 75. The Velvet revolution, which he led, is remembered as one of the few peaceful transitions in Eastern Europe which took a few weeks to complete and where not a single bullet …

Newest elections at the ICC and the ICJ

15/12/2011 – 9:37 pm | Comments Off on Newest elections at the ICC and the ICJ

Two great international lawyers from Africa, Ms. Fatou Bensuda (Gambia) and Ms. Julia Sebutinde (Uganda), have been elected respectively as Prosecutor of the International Criminal Court (ICC) and as Judge of the International Court of Justice (ICJ). Both these African women have had a distinguished career in the area of international legal practice (for their CVs and more information on the election process see respectively …

Durban Outcome

12/12/2011 – 3:34 pm | Comments Off on Durban Outcome

After running into overtime, the 17th Conference of the Parties to the UN Framework Convention on Climate Change (UNFCCC) finished Saturday. While press coverage of the event was somewhat muted compared to previous conferences (the aftermath of the EU Summit in Brussels on Friday night took most of the limelight), the reactions to the outcome range from mildly positive to slight disappointment. Some of the …

The activity of the International Criminal Tribunal for Rwanda for 2010-2011

10/12/2011 – 5:33 pm | Comments Off on The activity of the International Criminal Tribunal for Rwanda for 2010-2011

The Report of the International Criminal Tribunal for Rwanda for the period from 1 July 2010 to 30 June 2011 was presented before the Security Council on 6 June 2011 by the President of the ICTR, Judge Khalida Rachid Khan. For accessing the full text of the ICTR Annual Report click here.
In her speech Judge Khan provided an update on the progress of the Tribunal towards …

The activity of the International Criminal Tribunal for the former Yugoslavia for 2010-2011

10/12/2011 – 5:01 pm | Comments Off on The activity of the International Criminal Tribunal for the former Yugoslavia for 2010-2011

The Report of the International Criminal Tribunal for the former Yugoslavia for the period from 1 August 2010 to 31 July 2011 was presented before the Security Council on 6 June 2011 by the President of the ICTY, Judge Robinson. The report includes an introductory section, followed by sections focusing respectively on the activity involving the entire Tribunal, the activity of the Chambers, the activity …