Archivo de Etiquetas: State Party

Understanding the State Party Referral of the Situation in Venezuela Since 8 February 2018, the situation in Venezuela has been the subject of an ongoing preliminary examination by the Office of the Prosecutor of the International Criminal Court. On Wednesday 26 September 2018, however, a coalition of States Parties to …

The ICC Has Jurisdiction over One Form of Genocide in the Rohingya Situation by Kevin Jon Heller A number of commentators — including me — have questioned whether the OTP should open an investigation into Myanmar’s treatment of the Rohingya if that investigation would be limited to the crime against …

ICERD and Palestine’s Inter-State Complaint On 23 April, The Guardian reported that Palestinian diplomats had filed an inter-state complaint against Israel for breaches of its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). According to the Ministry of Foreign Affairs and Expatriates of …

A New Extraterritorial Jurisdictional Link Recognised by the IACtHR In its recently published Advisory Opinion on “The Environment and Human Rights” of 15 November 2017 (in EJIL: Talk! summarized here; on its potential diagonal effect see here), the Inter-American Court is the first human rights court to recognise a new extraterritorial …

The Activation of the Crime of Aggression in Perspective In its final hours soon after midnight of 14 December 2017, the 16th Assembly of States Parties to the Rome Statute of the International Criminal Court decided to activate the Court‘s jurisdiction over the crime of aggression. This is the effect …

Why the New Weapons Amendments (Should) Apply to Non-States Parties by Kevin Jon Heller Although aggression received most of the attention at the Assembly of States Parties (ASP) last month, the ASP also adopted a series of amendments to Art. 8 of the Rome Statute, the war-crimes provision, prohibiting the use …

One Step Forward for International Criminal Law; One Step Backwards for Jurisdiction by Jennifer Trahan [Jennifer Trahan is Associate Professor, The Center for Global Affairs, NYU-SPS and Chair of the International Criminal Court Committee of the American Branch of the International Law Association] On Thursday, December 14, 2017, the ICC’s …

Piecing the Withdrawal Puzzle: May the ICC still open an investigation in Burundi? (Part 1) by Sergey Vasiliev [Sergey Vasiliev is an Assistant Professor of International Law, Grotius Centre for International Legal Studies, Leiden University. This is the first part of a two-part contribution.] Questions raised by the ICC’s reaction …

The Kampala Amendments on the Crime of Aggression Before Activation: Evaluating the Legal Framework of a Political Compromise by Astrid Reisinger Coracini [Astrid Reisinger Coracini is is Lecturer at the University of Salzburg and Director of the Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law (SLS). …

The Treaty on the Prohibition of Nuclear Weapons On July 7, 2017 a vote was held by a United Nations treaty conference to adopt the final text of the Treaty on the Prohibition of Nuclear Weapons (TPNW). Of the 124 states participating in the conference, 122 states voted for adoption, …

The ICC Assembly of States Parties Prepares to Activate the ICC’s Jurisdiction over the Crime of Aggression: But Who Will be Covered by that Jurisdiction? The states parties to the Statute of the International Criminal Court have been meeting in New York recently to begin discussions that it is hoped …

COMMITTEE AGAINST TORTURE A. E. v. Switzerland Communication No. 24/1995 2 May 1995 ADMISSIBILITY Submitted by: A. E. [name deleted] [represented by counsel] Alleged victim: The author State party: Switzerland Date of communication: 20 February 1995 The Committee against Torture, established under article 17 of the Convention against Torture and …