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Ecocide: an Ambiguous Crime?

One year ago, a panel of legal experts convened by the Stop Ecocide International Foundation (Expert Panel) proposed that the Statute of the International Criminal Court (ICC) be amended to expand the ICC’s jurisdiction to include ecocide. To effect this change, the Expert Panel drew up the following definition of the crime of ecocide: ‘unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts.’ According to this definition, conduct must meet two thresholds to qualify as ecocide. First, the conduct must be committed with knowledge of a substantial likelihood of serious damage. Second, it must either be unlawful in domestic or international law or wanton, meaning that it must committed ‘with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated.’ In this post, I intend to show that the drafting of this definition, which intimately connects ecocide to aspects of both International…

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Two weeks in review, 15 August – 28 August

Following recent developments in the Ukraine v. Russia case, Juliette Mcintyre explores interventions under article 63 of the ICJ statute. Mcintyre focuses on whether or not other States may intervene in a case at the jurisdictional stage, arguing that the Court is, or is not, jurisdictionally…

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Announcements: Colonialism and the EU Legal Order Conference; ECHR in Areas of Conflict Conference; International Law Weekend; CfP International Trade and Business Law Review; CfS Student Rights and Legal Education Journal

1. Conference: Colonialism and the EU Legal Order, University of Copenhagen, 29-30 September. In 1957, when the European Union (then EEC) was founded, four of the original six Member States were colonial powers. This conference will bring lawyers, legal historians, sociologists and political scientists together to discuss the ways in which colonialism has shaped the EU legal order. The…

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Al-Masarir v Saudi Arabia: A route to state accountability for spyware

Background On 19 August 2022, Knowles J denied Saudi Arabia’s claim to immunity in the case of Al Masarir v Kingdom of Saudi Arabia [2022] EWHC 2199. The claimant was a human rights activist and critic of the Saudi Arabian government who had been residing in the UK. The factual background to his claim…

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The Distinction between Military and Law Enforcement Activities: Comments on Case Concerning the Detention of Three Ukrainian Naval Vessels (Ukraine V. Russian Federation), Provisional Measures Order

International Tribunal for Law of the Sea (ITLOS) issued a provisional measures order to Russian Federation to release three Ukrainian naval vessels and their servicemen on 25 May 2019. In deciding that the Annex VII arbitral tribunal would have prima facie jurisdiction as required under Article 290(5) of…

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Vicky Hernández et al. v. Honduras: A Landmark Victory with a Bitter Aftertaste

On June 28, on International LGBT Pride Day, the Inter-American Court of Human Rights (IACtHR) issued its ruling in Vicky Hernández et al. v. Honduras, the first case involving lethal violence against an LGBT person, specifically a trans woman, to reach the highest body of the Inter-American…

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Secondary Sanctions: A Weapon Out of Control? Part II: The legality of secondary sanctions under conventional law and the IMF’s tacit approval procedure for payment restrictions inspired by security concerns

The legality of so-called ‘non-UN’ or ‘autonomous’ sanctions has been amply debated in recent years. Discussion has arisen, for instance, on their compliance with the principle of non-intervention (see here), or their potential qualification as ‘third-party countermeasures’ (see e.g. here and…

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Can Libya Sue the UK on Recognition of the National Transitional Council?

Earlier this week, the UK Foreign Secretary, William Hague announced that the UK now recognises the Libyan National Transitional Council (the rebels fighting Colonel Gaddafi's forces) as the sole governmental authority in Libya. This was an implementation of the decision reached in the context of the Libya…

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A Picture is Worth a Thousand Words

(Image credit: AFP) Next week, Aung San Suu Kyi, the Nobel Peace Prize laureate and de facto head of government of Myanmar, will appear in person before the International Court of Justice. She will be defending her country in…

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Determining Customary International Law: The ICJ’s Methodology and the Idyllic World of the ILC

Editor's Note: This is the author's concluding post in the EJIL:Debate! regarding an article in the current issue of EJIL Vol. 26 (2015) No 2, by Stefan Talmon. The original post is here. See also the posts discussing the article by Omri…

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