UK’s Iraq Inquiry Invites Submissions on Legal Arguments Used by UK to Justify the War As we have previously noted here, the inquiry established by the UK to examine the UK’s involvement in the Iraq War has spent some time taking evidence on the legal justification put forward by the UK for …
Leer »Legal Issues Raised by Israel’s Blockade of Gaza (UPDATED)
Legal Issues Raised by Israel’s Blockade of Gaza (UPDATED) In this post I simply want to direct readers to places where they can read about the legal issues raised by the Israeli blockade of Gaza and about Israel’s attempt to enforce that blockade earlier this week. I am sure we …
Leer »The ICC and the Crime of Aggression: The Consent Problem and the Security Council Issue
The ICC and the Crime of Aggression: The Consent Problem and the Security Council Issue The first conference to the review the Statute of the International Criminal Court opens next week in Kampala Uganda. The major proposal to be considered at the conference will be proposals to amend the Statute so as …
Leer »Was Nuremberg a Violation of the Principle of Legality?
Was Nuremberg a Violation of the Principle of Legality? This is, remarkably, the question raised by yesterday’s judgment of the Grand Chamber of the European Court of Human Rights in Kononov v. Latvia, App. No. 36376/04. In short, the applicant was a former Soviet partisan convicted by a Latvian court …
Leer »Why the Falklands Dispute Will (Probably) Never Go to Court
Why the Falklands Dispute Will (Probably) Never Go to Court Our readers are surely aware of the reemergence of the Falklands dispute on the international stage, provoked by the UK’s decision to allow oil exploration in the waters of the Islands, and the possibility that the oil deposits may be …
Leer »Self-Defense and Non-State Actors: Indeterminacy and the Jus ad Bellum
Self-Defense and Non-State Actors: Indeterminacy and the Jus ad Bellum Self-defense in response to armed attacks by non-state actors is undoubtedly one of the most interesting – and controversial – issues in modern international law. It is of great practical relevance, as for instance, with the ongoing use of drones …
Leer »UK Metropolitan Police Investigate MI5 Complicity in Torture
UK Metropolitan Police Investigate MI5 Complicity in Torture In a story in The Guardian today, it was reported that the UK’s Metropolitan Police are investigating MI5 for complicity in US torture in relation to the case of Guantanamo detainee Aamer Shaker. Shaker is a permanent resident of the UK and …
Leer »International Court of Justice to Appoint 6 New Clerks
International Court of Justice to Appoint 6 New Clerks The International Court of Justice (ICJ) has announced that it is seeking to appoint 6 new Law Clerks for its judges. The additional clerks will make it possible for each judge to have a full time law clerk. The decision by the …
Leer »The Relationship between National Law and International Law in the Report of the Georgia Fact-Finding Mission: A Rejoinder
The Relationship between National Law and International Law in the Report of the Georgia Fact-Finding Mission: A Rejoinder Editor’s Note: This post is a continuation of a discussion engendered by a previous post by André de Hoogh. Readers will benefit from reading that previous post and the comments made in …
Leer »A Human Right to Water? The South African Constitutional Court’s Decision in the Mazibuko Case
A Human Right to Water? The South African Constitutional Court’s Decision in the Mazibuko Case Peter Danchin is Associate Professor of Law at The University of Maryland Law School. His recent articles have been published in the Journal of Law and Religion, the Yale Journal of International Law, and the Harvard International Law Journal. …
Leer »The Relationship between National Law and International Law in the Report of the Georgia Fact-Finding Mission:
The Relationship between National Law and International Law in the Report of the Georgia Fact-Finding Mission: Editor’s Note: This post is part of a series discussing the the Report of the Independent International Fact-Finding Mission on the Conflict in Georgia. Other posts in this series include Gazzini, “Criteria for Statehood …
Leer »Reflections on self-determination, and the status of Kosovo in light of the Report of the Independent International Fact-Finding Mission on the Conflict in Georgia
Reflections on self-determination, and the status of Kosovo in light of the Report of the Independent International Fact-Finding Mission on the Conflict in Georgia Zoran Oklopcic is Assistant Professor, Department of Law, Carleton University, Ottawa Editor’s Note: This post is part of a series discussing the the Report of the …
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