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 »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 »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 »New Issue of EJIL [Vol 20 (3)] out
New Issue of EJIL [Vol 20 (3)] out The latest issue of the European Journal of International Law has been published and is available here and here. This is Issue 3 of Volume 20. Readers will remember that the current volume of EJIL celebrates the 20th Anniversary of the Journal. …
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 »New Issue of the European Journal of International Law out: Further Discussion of Articles to follow here on this blog!
New Issue of the European Journal of International Law out: Further Discussion of Articles to follow here on this blog! The latest issue of the European Journal of International Law has recently been published. This is Volume 20, No. 1. In his editorial, Professor Joseph Weiler (Editor in Chief) reflects …
Leer »The Security Council and Human Rights: What is the role of Art. 103 of the Charter?
The Security Council and Human Rights: What is the role of Art. 103 of the Charter? At last week’s ASIL meeting there was a panel on whether the United Nations Security Council is bound by human rights law. The panelists (Vera Gowlland-Debbas, Graduate Institute of International and Development Studies, Linos-Alexander …
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 »Distinctions between the Legal Position of ICC Parties and Non-Parties Regarding Aggression
Distinctions between the Legal Position of ICC Parties and Non-Parties Regarding Aggression The International Criminal Court (ICC) recently released the latest report of the Special Working Group (of the Assembly of States Parties) on the Crime of Aggression. Art. 5 of the ICC Statute includes the crime of aggression as one of the crimes within …
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 »The Tricky Question of State Succession to International Responsibility
The Tricky Question of State Succession to International Responsibility Consider the following scenario: state A commits an internationally wrongful act (say genocide) against state B, incurring responsibility for doing so and giving state B an entitlement to reparation. Before state B actually manages to obtain reparation from state A, state …
Leer »