Archivo de Etiquetas: law

5 DECEMBER 2011 JUDGMENT APPLICATION OF THE INTERIM ACCORD OF 13 SEPTEMBER 1995 (THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA v. GREECE) Chronology of the procedure I. Introduction Jurisdiction of the Court and admissibility of the Application 23-61 Whether the dispute is excluded from the Court’s jurisdiction under the terms of …

Is Libya Under an Obligation to Surrender Saif Gaddafi to the ICC? Part I (What Does the Rome Statute Say?) Since the capture of Saif Al Islam Gaddafi last week there have been questions asked about whether he ought to be tried in Libya or by the International Court Criminal …

Al-Skeini and Al-Jedda in StrasbourgI’ve posted on SSRN an article which will be published in the EJIL next year on Al-Skeini and Al-Jedda before the European Court of Human Rights. The pre-print draft will be available on SSRN until the article comes out in the Journal. The abstract is below, …

President Obama Creates US Atrocities Prevention BoardEarlier this month, US President Barrack Obama directed the National Security Advisor to create an Atrocities Prevention Board which will be tasked with co-ordinating the US government’s policies on the prevention of mass atrocities and genocide. In addition, the President also launced a US interagency …

The International Tribunal for the Law of the Sea Gets BusierLast summer, I wrote a piece on this blog noting that the International Tribunal for the Law of the Sea (ITLOS), which had been underutilised for some years, was finally getting some substative cases to decide. Although ITLOS had decided a number of cases …

Bin Laden Sons Say U.S. Broke International LawThe adult sons of Osama bin Laden have lashed out at President Obama over their father’s death, accusing the United States of violating legal principles.By SCOTT SHANEWASHINGTON — The adult sons of Osama bin Laden have lashed out at President Obama in their …

Was the Killing of Osama bin Laden Lawful?Yes. I wouldn’t say beyond any doubt, but for practical purposes very nearly so. As I’ve argued before, there are three bodies of law (potentially) relevant for assessing the legality of a targeted killing: the jus ad bellum, IHL, and human rights law.As …

Was the Killing of Osama bin Laden Lawful? Yes. I wouldn’t say beyond any doubt, but for practical purposes very nearly so. As I’ve argued before, there are three bodies of law (potentially) relevant for assessing the legality of a targeted killing: the jus ad bellum, IHL, and human rights …

UN Panel of Experts Report on the Sri Lanka ConflictThe report of the Panel of Experts appointed by the UN Secretary-General to investigate the circumstances of the conclusion the Sri Lanka war has been made public today – full report here, BBC News article here. The report was disclosed to …

Judgment of 1 April 2011 1 APRIL 2011 JUDGMENT CASE CONCERNING APPLICATION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (GEORGIA v. RUSSIAN FEDERATION) PRELIMINARY OBJECTIONS PRELIMINARY OBJECTIONS Article 22 of CERD invoked by Georgia as a basis for the jurisdiction of the Court —Four …

What does UN Security Council Resolution 1973 permit? I spent much of yesterday conducting interviews with the media about the situation in Libya. One of the questions I was repeatedly asked concerned the scope of the UN Security Council Resolution 1973 which authorises the use of force in Libya.  How far does the …

Questioning the Peremptory Status of the Prohibition of the Use of Force Dr James A. Green is lecturer in law at the University of Reading School of Law. The prohibition of the unilateral use of force, as set out most crucially in Article 2(4) of the UN Charter, is often …