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Unpacking Sovereignty and Self-determination in ITLOS and the ICC: A Bundle of Rights?

In a short space of time, two international courts have handed down rather dramatic decisions related to the contested issues of self-determination and sovereignty of the Chagos Archipelago and Palestine, which have, for a very long time now, been under the UK and Israeli occupation respectively. On 28 January 2021, an ITLOS Special Chamber found that it had jurisdiction to adjudicate upon the dispute between Mauritius and the Maldives concerning the delimitation of the maritime boundary between the two states, concluding that Mauritius can be regarded as the coastal State in respect of the Chagos Archipelago within the meaning of article 74, paragraph 1, and article 83, paragraph 1, of the 1982 UN Convention on the Law of the Sea (UNCLOS). It also found that the UK is not an indispensable party to the proceedings, which would have barred the Chamber from exercising jurisdiction under the so-called Monetary Gold principle. Shortly after, on 5 February 2021, Pre-Trial Chamber I of the ICC ruled that Palestine is a State Party to…

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Proposed EU Sanctions Against Uganda: Thoughts on This New Extraterritorial Human Rights Regime

On 11 February 2021, the European parliament adopted three resolutions on human rights situations in Uganda, Rwanda and Kazakhstan. Notably, for Uganda, it called for sanctions against individuals and entities responsible for human rights violations. My claim is that sanctions are an interplay between international relations and international human rights law regimes. Whereas they have the potential…

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“Solid jurisdictional basis”? The ICC’s fragile jurisdiction for crimes allegedly committed in Palestine

On 5 February 2021, Pre-Trial Chamber I issued its long-awaited decision regarding the ICC’s jurisdiction for possible war crimes committed in the occupied Palestinian territories (Gaza and the West Bank, including East Jerusalem) since 13 June 2014 (for an academic analysis, see the symposium here). The decision was requested by the Office…

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Collaborative Governance and Dispute Resolution: EU-UK vs. EU-Switzerland

In view of current and upcoming bilateral challenges for partnership agreements between the EU and third countries, this blog post aims at analysing the dispute resolution provisions of (i) both the post-Brexit Trade and Cooperation Agreement (TCA) and the Withdrawal Agreement (WA) between the EU and the United Kingdom (UK), and the (ii) Draft Institutional Framework Agreement (IFA)…

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The Turkel Commission's Flotilla Report (Part One): Some Critical Remarks

Dr Amichai Cohen is a Senior Lecturer at the Ono Academic College in Israel; Prof. Yuval Shany is the Hersch Lauterpacht Chair of Public International Law at the Hebrew University of Jerusalem. Both Dr Cohen and Prof. Shany are senior researchers at the Israel Democracy Institute. The authors thank Prof.

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The Crisis in Ukraine and the Prohibition of the Use of Force: A Legal Basis for Russia’s Intervention?

The European continent is currently witnessing the most severe security crises since the tragic events surrounding the dissolution of the Republic of Yugoslavia. The post will discuss the legal bases for Russia’s use of force on the Crimean peninsula.  On 1 March 2013 the President of…

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Palestine's Application for UN Membership

The official application submitted by Palestine for UN membership is now available here, UN Doc. S/2011/592 (h/t Diane Marie Amann). It is of interest not the least because it has been carefully drafted and with the benefit of substantial legal advice. Note, first, how Mahmoud…

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An Overview of Disobeying the Security Council

I. Introduction Disobedience of an illegal or unjust command has long been a source of inspiration and scholarly excitement for lawyers, philosophers, and even dramatists, among many others. One of the best known tragedies of Sophocles, Antigone, sees the heroine defy the edict of Creon, the ruler of Thebes, in…

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UN Panel of Experts Report on the Sri Lanka Conflict

The report of the Panel of Experts appointed by the UN Secretary-General to investigate the circumstances of the conclusion the Sri Lanka war has been made public today – full report here, BBC News article here. The report was disclosed to the…

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The Security Council and the ICC

The University of California Irvine Law School's International Justice Clinic recently issued an important report examining the relationship between the UN Security Council and the International Criminal Court.   The report, authored by UCI Irvine Prof David Kaye, is the culmination of a project on the Council and the…

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