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Fighting terrorism – European and American approach

03/08/2007 – 9:08 am | Comments Off on Fighting terrorism – European and American approach

On Wednesday, the Financial Times published an interesting article by Professor Jack L. Goldsmith on the seeming convergence between Europeans’ and Americans’ approach to fight terrorism. Another sign which might point in this very direction is the recent agreement reached between the European Union and the United States on the sharing of passenger flight data.
According to Goldsmith, there are several indications that Europe is getting grim on …

Peacekeeping in Darfur

02/08/2007 – 7:58 am | Comments Off on Peacekeeping in Darfur

On Tuesday, the UN Security Council finally authorized the establishment of a new peacekeeping force (UNAMID) for Darfur.
According to the new Resolution 1769, the size of the operation is quite significant: comprising of up to 19,555 military personnel and a civilian component, including up to 3,772 police personnel and 19 formed police units of up to 140 personnel each, this will probably be the largest …

New cases for the ITLOS

31/07/2007 – 8:45 am | Comments Off on New cases for the ITLOS

On 6th July the International Tribunal for the Law of the Sea (ITLOS) received two applications on behalf of Japan and against the Russian Federation. According to the applications, Japan requests the prompt release of two fishing vessels and the crew of one of those vessels (the Hoshinmaru and 17 crew members and the Tomimaru).
Apparently, the Hoshinmaru had been boarded on 1 June 2007 …

Russia and the ECHR: Tensions Rising?

27/07/2007 – 8:54 am | Comments Off on Russia and the ECHR: Tensions Rising?

The European Court of Human Rights has yet again condemned the actions of Russian armed forces in Chechnya. The case at hand, Musayev and others v. Russia, concerns a (para-)military operation conducted in early 2000 in the course of which numerous persons were killed and others mistreated. In a unanimous judgment delivered on 26 July, the ECHR found a violation of the right to life, …

Is the British Judge on the bench of the first trial at the ICC coming to The Hague?

11/07/2007 – 11:19 am | Comments Off on Is the British Judge on the bench of the first trial at the ICC coming to The Hague?

Today the BBC reports that the four 21/7 bomb plotters get life. The judge of the aforementioned trial, Mr Justice Fulford QC, is also a judge on the bench of the first trial at the ICC. The conclusion of the trial concening the 21/7 bomb plotters means that Judge Fulford is now one step closer to The Hague.
In its decision on the 6 March of 2007 the ICC …

UN Official Probable Succesor of Carla Del Ponte

02/07/2007 – 2:26 pm | Comments Off on UN Official Probable Succesor of Carla Del Ponte

New York Times reports that Carla Del Ponte probable successor as the ICTY Prosecutor is Serge Brammertz. I believe that Serge Brammertz has already been asked whether he wants to assume the position and that he has accepted. Two weeks ago the International Criminal Court (ICC) issued a press release that Serge Brammertz had resigned from the ICC. Serge Brammertz has already been on leave …

Different presidency – Same success?

01/07/2007 – 9:06 pm | Comments Off on Different presidency – Same success?

Starting today, Portugal will take over the presidency in the EU Council (see: presidency website). This is reason enough to take a look back on the achievements of the past 6 month under the German presidency.
One has to acknowledge that the presidency did indeed accomplish to strengthen the EU’s transparency and to promote the image of the union with its people; according to a recent …

Anniversary of the International Criminal Court

01/07/2007 – 8:21 am | Comments Off on Anniversary of the International Criminal Court

On July 1st, the ICC celebrated its 5th anniversary. As of 1st January 2007 an impressive 104 States have signed the Rome Statute of the ICC. Considering the rather controversial nature of the “ICC-project”, namely the prosecution of persons accused of the most serious crimes of international concern, i.e. genocide, crimes against humanity and war crimes, this number is indeed strong. The Secretary General …

First verdicts of the Special Court for Sierra Leone

21/06/2007 – 9:03 pm | Comments Off on First verdicts of the Special Court for Sierra Leone

On 20th June 2007, the Special Court for Sierra Leone has reached its first verdicts. According to a press release (here) three former leaders of Sierra Leone’s Armed Forces Revolutionary Council (AFRC) have been found guilty on 11 grounds. These were the following:
 

Count 1 (acts of terrorism)

Count 2 (collective punishments)

Count 3 (extermination)

Count 4 (murder, a crime against humanity)

Count 5 (murder, a war crime)

Count 6 (rape)

Count …

Charter of Fundamental Rights of the European Union

14/06/2007 – 10:00 pm | Comments Off on Charter of Fundamental Rights of the European Union

In the case C-432/05 (Unibet [London] Ltd, Unibet [International] Ltd v. Justitiekanslern) the European Court of Justice once again managed to refer to the – still legally non-binding – Charter of Fundamental Rights of the European Union.
And as before in the case C-540/03 it seems as if the Court did not actually have to refer to the Charter in order to present a convincing legal …

Could an Islamic human rights court become reality?

14/06/2007 – 9:55 pm | Comments Off on Could an Islamic human rights court become reality?

According to a report by the Malaysian “New Straits Times” the idea of an Islamic court, dealing solely with human rights issues between and involving Islamic nations, might soon become a reality. Of course, the mere fact of creating a judicial institution focusing on the protection of human rights must be welcomed. Not at least, since the impact of such an institution on the overall …

ICJ Judgment on Monday 26 February 2007 at 10 a.m.

20/05/2007 – 9:38 am | Comments Off on ICJ Judgment on Monday 26 February 2007 at 10 a.m.

The International Court of Justice (ICJ) is to deliver its judgment in the case “APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (BOSNIA AND HERZEGOVINA v. SERBIA AND MONTENEGRO)” on Monday 26 February 2007 at 10 a.m.
Why is this case of importance?
On the one hand, the case has been delayed by a variety of judicial and factual measures, postponing …

Berliner Erklärung – Ein Kommentar

06/04/2007 – 9:59 pm | Comments Off on Berliner Erklärung – Ein Kommentar

Kurzer Kommentar zur Berliner Erklärung anlässlich des 50. Jahrestages der Unterzeichnung der Römischen Verträge (als Vorlage dient der Entwurf der Erklärung – im folgenden Kursiv – veröffentlicht durch die FAZ am 24. März 2007).
„Europa war über Jahrhunderte eine Idee, eine Hoffnung auf Frieden und Verständigung. Diese Hoffnung hat sich erfüllt. Die europäische Einigung hat uns Frieden und Wohlstand ermöglicht. Sie hat Gemeinsamkeit gestiftet und Gegensätze …