Archivo de Etiquetas: US

Uses of Force against Civil Aircraft Dr Kimberley N. Trapp is lecturer in law at Newnham College, University of Cambridge. On 18 June, South Korean marines (stationed on Gyodong Island, to the west of South Korea) fired 99 rifle rounds at an Asiana flight en route from Chengdu (China) to …

Which Entity is the Government of Libya and Why does it Matter? In the past couple of days, Germany and Canada have joined the group of countries that have declared that they consider the National Transitional Council (NTC) in to be the “legitimate representative” of the Libyan people. But what …

Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution?I intended to write a post explaining why International Monetary Fund (IMF) Managing Director, Dominique Strauss-Kahn (DSK), does not have immunity under the applicable treaties dealing with the immunity of the IMF and its employees. However, Chimene Keitner has beaten me to …

Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution? I intended to write a post explaining why International Monetary Fund (IMF) Managing Director, Dominique Strauss-Kahn (DSK), does not have immunity under the applicable treaties dealing with the immunity of the IMF and its employees. However, Chimene Keitner has beaten me …

When to Kill and When to Capture? My previous post on the Osama bin Laden killing and a number of posts at Opinio Juris have attracted a very productive discussion in the comments, which I would recommend to all readers who haven’t seen it already. The key issue that has …

Was the Killing of Osama bin Laden Lawful?Yes. I wouldn’t say beyond any doubt, but for practical purposes very nearly so. As I’ve argued before, there are three bodies of law (potentially) relevant for assessing the legality of a targeted killing: the jus ad bellum, IHL, and human rights law.As …

Was the Killing of Osama bin Laden Lawful? Yes. I wouldn’t say beyond any doubt, but for practical purposes very nearly so. As I’ve argued before, there are three bodies of law (potentially) relevant for assessing the legality of a targeted killing: the jus ad bellum, IHL, and human rights …

Security Council Passes Resolution 1973, Authorizing Use of Force Against LybiaThe full text of the resolution is available here. The key provision is op. para. 4:4. Authorizes Member States that have notified the Secretary-General, acting nationally or through regional organizations or arrangements, and acting in cooperation with the Secretary-General, to …

Two New Decisions on Subject-Matter Immunity, Torture and Extrajudicial Killings  Lorna McGregor, Senior Lecturer, School of Law, University of Essex. Her publications include: Torture and State Immunity: Deflecting Impunity, Distorting Sovereignty’, 18 European Journal of International Law 903 – 919 (2007) and ‘State Immunity and Jus Cogens’, 55(2) International and …

Signed at London, Moscow and Washington on 10 April 1972.Entered into force on 26 March 1975.Depositaries: UK, US and Soviet governments. The States Parties to this Convention, Determined to act with a view to achieving effective progress towards general and complete disarmament, including the prohibition and elimination of all types …

Joan Donoghue Elected to ICJ The United Nations General Assembly and Security Council has elected Joan Donoghue, from the United States, to the International Court of Justice (ICJ) (see here). Joan Donoghue will replace Thomas Buergenthal who resigned from the Court with effect from last week. Ms Donoghue is currently Principal …

Prosecuting pirates in national courts: US v Said and piracy under US law On August 17, a US District Court handed down a fascinating piece of statutory interpretation that apparently means that unless a Somali pirate succeeds in stealing something, he cannot be charged with piracy under US law. There …