Archivo de Etiquetas: Courts

Case C-303/05 – Advocaten voor de Wereld VZW v. Leden van de Ministerraad (Reference for a preliminary ruling from the Arbitragehof) (Police and judicial cooperation in criminal matters – Articles 6(2) EU and 34(2)(b) EU – Framework Decision 2002/584/JHA – European arrest warrant and surrender procedures between Member States – …

International Law and the Prosecution of Medics in Bahrain Sarah Fulton is International Legal Officer at REDRESS. The trial and sentencing of 20 medical professionals in Bahrain in the past two weeks has again turned the spotlight on the small Gulf Kingdom’s unfinished ‘Arab Spring’ and the repressive methods used …

Clarifying the Principle of Complementarity: the ICC Confirms Admissibility of Case Despite Investigation by KenyaChris Stephen is an associate at Volterra Fietta practising public international law. He previously worked as judicial assistant to Lord Hope of Craighead and Lord Mance in the House of Lords (now the UK Supreme Court). …

Can Libya Sue the UK on Recognition of the National Transitional Council?Earlier this week, the UK Foreign Secretary, William Hague announced that the UK now recognises the Libyan National Transitional Council (the rebels fighting Colonel Gaddafi’s forces) as the sole governmental authority in Libya. This was an implementation of the decision …

ICJ Permits Greece to Intervene in Germany v. Italy Immunity caseOn the 4th of July, the International Court of Justice (ICJ) decided that Greece can intervene in the Jurisdictional Immunities of the State case (Germany v. Italy). The case concerns a claim by Germany that Italian courts have failed to respect …

Recent Developments with Regard to ICJ Provisional MeasuresOn Monday of this week, the International Court of Justice indicated provisional measures in the case between Cambodia and Thailand regarding the Temple of Preah Vihear. The case was filed earlier this year after confrontations between the armed forces of both States in the …

Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution?I intended to write a post explaining why International Monetary Fund (IMF) Managing Director, Dominique Strauss-Kahn (DSK), does not have immunity under the applicable treaties dealing with the immunity of the IMF and its employees. However, Chimene Keitner has beaten me to …

Two New Decisions on Subject-Matter Immunity, Torture and Extrajudicial Killings Lorna McGregor, Senior Lecturer, School of Law, University of Essex. Her publications include: Torture and State Immunity: Deflecting Impunity, Distorting Sovereignty’, 18 European Journal of International Law 903 – 919 (2007) and ‘State Immunity and Jus Cogens’, 55(2) International and Comparative …

Mauritius v. United Kingdom: Submission of the dispute on the Marine Protected Area around the Chagos Archipelago to arbitrationIrini Papanicolopulu is Marie Curie Fellow, Faculty of Law, University of Oxford and a Senior Researcher in international law at the University of Milano-Bicocca (on leave).On 20 December 2010, Mauritius initiated proceedings against …

Kenyan ICC Cases a Good Test of an ICC Founding PrincipleMax Du Plessis is associate professor at the University of KwaZulu-Natal and Senior Research Associate at the International Crimes in Africa Programme of the Institute for Security Studies. Chris Gevers is a lecturer at the Faculty of Law at the University …

THE PRESIDENT of the German Reich, His Majesty the King of the Belgians… etc. RECOGNIZING the desirability of determining by common agreement certain uniform rules concerning the immunity of State-owned ships, have decided to conclude a convention to this effect, and have appointed as their Plenipotentiaries, namely: (Follows the list …

Proposed Amendments to UK’s Universal Jurisdiction LawsSome months ago we noted that the UK’s coalition government was planning to introduce legislation that would restrict the application of universal jurisdiction in the UK. The government was not proposing to restrict the scope of jurisdiction of UK courts over universal jurisdiction offences but to …