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 »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 »Dispute Concerning Honduran Government Crisis Heads to the International Court of Justice (UPDATED)
Dispute Concerning Honduran Government Crisis Heads to the International Court of Justice (UPDATED) UPDATE: Since I wrote this piece it has been announced that the rival Honduran leaders have reached agreement to resolve the crisis relating to the Presidency (see BBC report here). It is not clear what impact this …
Leer »UK Inquiry to Consider Legality of Iraq War and Appoints Former ICJ President, Dame Rosalyn Higgins as International Law Adviser
UK Inquiry to Consider Legality of Iraq War and Appoints Former ICJ President, Dame Rosalyn Higgins as International Law Adviser This past summer, British Prime Minister Gordon Brown announced the establishment of an inquiry into the UK’s involvement in the Iraq War. The Iraq Inquiry, which is independent of the government, began work …
Leer »The European Union and International Law under the Treaty of Lisbon
The European Union and International Law under the Treaty of Lisbon Editor’s Note: This is part of a series of post on the Treaty of Lisbon. The first post in the series was by Laurent Pech and can be found here Now that Ireland has voted yes in a referendum …
Leer »The Honduran Crisis and the Turn to Constitutional Legitimism, Part II: The Pitfalls of Constitutional Legitimism
The Honduran Crisis and the Turn to Constitutional Legitimism, Part II: The Pitfalls of Constitutional Legitimism In my previous post on this topic, I argued that the international reaction to the Honduran coup potentially augurs a shift in foundational norms governing the relationship between international and domestic legal authority. I …
Leer »The Honduran Crisis and the Turn to Constitutional Legitimism, Part I: The Place of Domestic Constitutional Orders in the International Legal Framework
The Honduran Crisis and the Turn to Constitutional Legitimism, Part I: The Place of Domestic Constitutional Orders in the International Legal Framework Who is the current President of Honduras? Far from the stuff of quiz shows, this question bears on the very foundations of international law. The international reaction to …
Leer »Is Sudanese President Bashir Immune from Arrest?
Is Sudanese President Bashir Immune from Arrest? In a post last week, I mentioned a forthcoming article of mine dealing with Bashir’s Immunity. That article titled “The Legal Nature of Security Council Referrals to the ICC and its Impact on Al’Bashir’s Immunities” has now been published in the latest issue of the …
Leer »Africa and the International Criminal Court
Africa and the International Criminal Court This week African States Parties to the Rome Statute of the International Criminal Court will meet in Addis Ababa, Ethiopia to assess the work of the ICC in relation to Africa. The meeting is significant as all of the current situations and cases under …
Leer »Would the addition of a Genocide Charge to the Bashir Arrest Warrant Change the Position on Immunity?
Would the addition of a Genocide Charge to the Bashir Arrest Warrant Change the Position on Immunity? The Pre-Trial Chamber of the ICC issued an arrest warrant for Sudanese President Omar Bashir only with respect to war crimes and crimes against humanity and rejected the Prosecutor’s request for a charge …
Leer »ICC Issues Arrest Warrant for Bashir, but Rejects the Genocide Charge
ICC Issues Arrest Warrant for Bashir, but Rejects the Genocide Charge (Updated) Today the International Criminal Court issues an arrest warrant for Omar al Bashir, the serving President of Sudan, for crimes against humanity and war crimes in Darfur. (The decision is now available here). The news were expected after …
Leer »ICTY Trial Chamber decides Milutinovic et al
ICTY Trial Chamber decides Milutinovic et al Today a Trial Chamber of the ICTY delivered its judgment in Milutinovic et al, a case against a number of high-ranking political, military and police officials of the Federal Republic of Yugoslavia and Serbia regarding crimes committed by FRY/Serbian forces in Kosovo in …
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