Archivo de Etiquetas: UNSC

The Precedent Set by the US Reprisal Against the Use of Chemical Weapons in Syria In his recent post on the United States’ missile strike against a Syrian airbase, on 6 April 2017, Marko Milanovic focused primarily on the unlawfulness of that action (here). While I agree with that view, …

The Legality Surrounding the US Strikes in Syria by Nancy Simons [Nancy Simons is a Belgian lawyer and serves on the International Bar Association’s Drones Task Force. Her professional background lies in international law generally. She has worked at a number of international non-governmental organisations and the International Criminal Tribunal …

Ukraine v Russia at the ICJ Hearings on Indication of Provisional Measures: Who Leads? From the day Ukraine submitted its case against Russia at the ICJ, one could expect that the case would be extremely politicized and difficult to adjudicate. Oral proceedings on the request for provisional measures held on …

French Military Intervention in Mali: It’s Legal but… Why? Part II: Consent and UNSC Authorisation In the First Part of this comment we have seen that reference to article 51 of the UN Chapter in order to justify Operation Serval, is problematic. We will now discuss the two other legal …

French Military Intervention in Mali: It’s Legal but… Why? Part I Part 1: The Argument of Collective Self-Defense Dr. Theodore Christakis is Professor of International Law at the University Grenoble-Alpes (France). He is Director of the Centre for International Security and European Studies (CESICE) and chairman of the ESIL Interest …

Gallant on Legality and the Rome Statute To my shame, I’ve only just noticed that Ken Gallant in his excellent book The Principle of Legality in International and Comparative Criminal Law (Cambridge: Cambridge University Press, 2009) – recently reviewed in the JICJ here – addresses the difficult problem of applying …

Waiting for Godot: An Analysis of the ICJ Kosovo Advisory Opinion Dov Jacobs and Yannick Radi are both postdoctoral researchers at the Amsterdam Center of International Law, University of Amsterdam Nearly two years after the United Nations General Assembly (UNGA) submitted a request to the International Court of Justice (ICJ) …

Interpreting and Applying the UNSC sanctions on Iran in the Admiralty Context: The Sahand [2011] SGHC 27Seow Zhixiang is an officer in the Singapore Legal Service. The views here are his own. The High Court of Singapore has recently delivered its grounds of decision in a case which considers the impact …

Can the Allies Lawfully Arm the Lybian Rebels?My friend Claus Kress yesterday brought to my attention a most pertinent legal issue: In Resolution 1970, the UN Security Council imposed an arms embargo on Lybia. The embargo was reaffirmed and strengthened in op. paras. 13-16 of Resolution 1973. The embargo appears …

Security Council Adopts Resolution 1970 (2011) with respect to LybiaYesterday the UN Security Council unanimously adopted Resolution 1970, whereby it (1) imposed an arms embargo on Lybia; (2) imposed targeted sanctions, including travel bans and asset freezes, on high-level persons in the Lybian regime; (3) and referred the situation in …

Addressing the African Union’s Proposal to Allow the UN General Assembly to Defer ICC ProsecutionsOne of the aspects of the stand-off between the African Union (AU) and the International Criminal Court (ICC) regarding the proceedings against Sudanese President Omar Al Bashir is the call by AU for the United Nations Security Council …

Kosovo Advisory Opinion Preview The ICJ has now officially announced that it will deliver its advisory opinion in the Kosovo case on 22 July. This essay/post is intended to serve as a preview of the many issues raised in the case, of the main lines of argument by states before …