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Brighton Declaration Adopted at the High Level Conference on the Future of the European Court of Human Rights

01/05/2012 – 2:58 pm | Comments Off on Brighton Declaration Adopted at the High Level Conference on the Future of the European Court of Human Rights

Through the Brighton Declaration adopted at the High Level Conference on the Future of the European Court of Human Rights meeting at Brighton on 19 and 20 April 2012 at the initiative of the United Kingdom Chairmanship of the Committee of Ministers of the Council of Europe the Member States of the European Convention on Human Rights (ECHR or Convention) reaffirmed their deep and abiding …

Justice Bhandari Elected as ICJ Judge

27/04/2012 – 5:56 pm | 2 Comments

On 27 April 2012, the General Assembly and the Security Council of the United Nations elected Mr. Dalveer Bhandari as a Member of the International Court of Justice (ICJ), with immediate effect.
Of Indian nationality, Mr. Bhandari succeeds Mr. Awn Shawkat Al-Khasawneh (Jordan), former judge and Vice-President of the Court, who resigned last year. Pursuant to Article 15 of the Statute of the Court, Mr. Bhandari will …

Judgment issued in the Taylor trial

27/04/2012 – 5:33 pm | Comments Off on Judgment issued in the Taylor trial

* This post is based on the SCSL Press Release (Outreach and Public Affairs Office) of 26 April 2012 and includes only minor changes.
Charles Ghankay Taylor, the former President of Liberia, was convicted on 26 April 2012 on all counts of an 11-count indictment which alleged that he was responsible for crimes committed by rebel forces during Sierra Leone’s decade-long civil war. Trial Chamber II, …

Disingenuous ‘Disengagement’: Israel’s Occupation of the Gaza Strip and the Protective Function of the Law of Belligerent Occupation

25/04/2012 – 1:33 am | Comments Off on Disingenuous ‘Disengagement’: Israel’s Occupation of the Gaza Strip and the Protective Function of the Law of Belligerent Occupation

Cross-posted from Opinio Juris.
—–
This is the third post of our Symposium on the Functional Approach to the Law of Occupation. Earlier posts can be found in the Related Links at the end of this post.
By far one of the most challenging questions for the international law of belligerent occupation pertains to the termination of occupation. The law states that “occupation comes to an end when an occupant …

Salzburg Law School Summer Session: International Criminal, Humanitarian and Human Rights Law

24/04/2012 – 11:06 am | Comments Off on Salzburg Law School Summer Session: International Criminal, Humanitarian and Human Rights Law

The Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law (SLS) welcomes applications for its Fourteenth Summer Session, Sunday 5 to Friday 17 August 2012, under the draft title

“Enforcing International Criminal Law

Through the Complementarity Regime of the Rome Statute!
Demand and Reality”
This year’s topical focus sets the ground for a critical assessment of the concept of the Rome Statute’s complementarity regime, its interpretation in the …

‘Human rights and EU crisis management operations: a duty to respect and to protect?’

17/04/2012 – 10:57 pm | Comments Off on ‘Human rights and EU crisis management operations: a duty to respect and to protect?’

With thanks to Tamara Takacs for bringing this to my attention!
‘Human rights and EU crisis management operations: a duty to respect and to protect?’
Workshop organised by the T.M.C. Asser Instituut and the Centre for the Law of EU External Relations (CLEER) in cooperation with the Netherlands Defense Academy on 25 May 2012 at the T.M.C. Asser Instituut in The Hague.
The conference will bring together a group of academic and …

Meloni & Tognoni: Is there a court for Gaza? A test bench for international justice

09/04/2012 – 6:43 pm | Comments Off on Meloni & Tognoni: Is there a court for Gaza? A test bench for international justice

Dr. Chantal Meloni (researcher in international criminal law at the University of Milan, and an Alexander Von Humboldt scholar at the University of Berlin, who was based in Gaza during 2010 at the Palestinian Centre for Human Rights (PCHR)), and Dr. Gianni Tognoni (Secretary-General to the Permanent Peoples’ Tribunal, residing in the Lelio Basso Foundation, Rome, Italy) just published ‘Is There A Court for Gaza? …

ICC Jurisdiction in Palestine: Blurring Law and Politics

09/04/2012 – 7:47 am | One Comment

Cross-posted from The Jurist.
On April 3, 2012, the Office of the Prosecutor (OTP) for the International Criminal Court (ICC) issued its decision on the situation in Palestine, stating that is unable to proceed with its preliminary examination at this time. The decision came over three years after Palestine submitted a declaration under Article 12(3) of the Rome Statute of the ICC in order to trigger the jurisdiction of the Court as …

Pre-Trial Chamber I Requests Libya to Surrender Saif Al-Islam Gaddafi

04/04/2012 – 11:45 pm | Comments Off on Pre-Trial Chamber I Requests Libya to Surrender Saif Al-Islam Gaddafi

Introduction
On 4 April 2012, Pre-Trial Chamber I issued its ‘Decision Regarding the Second Request by the Government of Libya for Postponement of the Surrender of Saif Al-Islam Gaddafi’. This is a short, but very interesting decision (nine pages long). In the dispositif, the Chamber rejected Libya’s Second Postponement Request and reiterated its request that Libya make its decision to grant the Surrender Request and proceed …

The ICJ Begins Its Deliberations in the Obligation to Prosecute or Extradite Case

29/03/2012 – 9:29 am | 2 Comments

* Prepared on the basis of ICJ Press Release No. 2012/13, 21 March 2012.
The public hearings in the case concerning Questions Relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal) currently pending before the International Court of Justice (ICJ or Court) opened on Monday, 12 March, and concluded on Wednesday, 21 March 2012. The Court has started the deliberations and its judgment will be …

UN Human Rights Council to Appoint Independent Expert on Human Rights and the Environment

24/03/2012 – 10:08 am | One Comment

At its 19th session on the 20th of March, the UN’s Human Rights Council adopted a resolution on human rights and the environment facilitating an independent expert on human rights obligations related to the enjoyment of a safe, clean, healthy and sustainable environment. The resolution was adopted by consensus, with more than 80 States co-sponsoring. The expert is to be appointed for a period of three …

Venice School of Human Rights

22/03/2012 – 8:38 pm | One Comment

The 3rd edition of Venice School of Human Rights will take place from 28 June till 7 July 2012.
The goal of the Venice School is to allow its participants to be updated on the state of the art debate on human rights issues and to stimulate a reflection on the actual challenges faced by human rights actors worldwide.
After a first session common to all participants …

CJICL Conference 2012 – Agents of Change: The Individual as a Participant in the Legal Process

22/03/2012 – 9:49 am | One Comment

The Cambridge Journal of International and Comparative Law is pleased to announce that at its upcoming conference – “Agents of Change: The Individual as a Participant in the Legal Process” – on 19 and 20 May 2012 there will now be two keynote addresses by:
JUDGE ANTONIO AUGUSTO CANCADO TRINDADE
and
PROFESSOR JAMES CRAWFORD SC
Other highlights include a welcoming address by SIR ELIHU LAUTERPACHT CBE QC and a …

Judging Judges: A Reply to Marko Milanovic

21/03/2012 – 11:00 pm | Comments Off on Judging Judges: A Reply to Marko Milanovic

(cross-posted from EJIL:Talk)
 This is a reply to the post by Marko Milanovic entitled ‘Judging Judges: A Statistical Exercise’. His starting point is a paragraph by Andrea Bianchi’s post ‘On Certainty’ which speaks about certainty in international law, based on the ICJ’s decision in the Jurisdictional Immunities of the State case. As Bianchi notes in his post, the ICJ is always very considerate of the systemic …

Call for Proposals – Collective Redress in the Cross-Border Context

21/03/2012 – 8:10 am | Comments Off on Call for Proposals – Collective Redress in the Cross-Border Context

Large-scale international legal injuries are becoming increasingly prevalent in today’s globalized economy, whether they arise in the context of consumer, commercial, contract, tort or securities law, and countries are struggling to find appropriate means of providing collective redress, particularly in the cross-border context.  The Hague Institute for the Internationalisation of Law (HiiL), along with the Netherlands Institute for Advanced Study in the Humanities and Social …

Beyond International Human Rights Law: CERD's Holistic Legal Approach

20/03/2012 – 12:03 am | Comments Off on Beyond International Human Rights Law: CERD's Holistic Legal Approach

Some discussion has taken place with regards to whether human rights treaty bodies along with the Human Rights Council, all part of the United National human rights machinery, apply and develop international humanitarian law in time of armed conflict and occupation, in concurrence with international human rights law (IHRL). Even less, if any, discussion has been undertaken with respect to the concurrent application of IHRL with …

Judgment in Bangladesh-Myanmar Maritime Boundary Dispute

15/03/2012 – 1:15 pm | 17 Comments

On Wednesday 14 March, the International Tribunal for the Law of the Sea issued its judgment in the Dispute concerning Delimitation of the Maritime Boundary between Bangladesh and Myanmar.  The dispute concerned the delimitation of the territorial seas, exclusive economic zones and continental shelves of these two states in the Bay of Bengal.
The Judgment is important in a number of respects. Firstly, it is the …

UNCTAD Principles on Responsible Sovereign Lending & Borrowing: A Comparative Legal Survey

15/03/2012 – 11:22 am | Comments Off on UNCTAD Principles on Responsible Sovereign Lending & Borrowing: A Comparative Legal Survey

The following is a guest post by Professor Juan Pablo Bohoslavsky, currently UNCTAD Sovereign Debt Expert, who has previously contributed to the International Law Observer on the topic of “Past and Present of Corporate Complicity for Financing Human Rights Abuses: The Relevance of the Cassese report“, the unveiling of the UNCTAD principles to guide responsible sovereign lending and borrowing and the UNCTAD conference on the Principles on …