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Accountability in The Hague: Recent Developments in Dutch Core International Crimes Cases regarding the Syrian Civil War

A month ago, the Dutch War Crimes Unit announced big news: for the first time in the Netherlands, an individual will be prosecuted for a crime committed against the Yazidis (see also here). The recent focus of the Dutch Public Prosecutor on possible crimes committed during the Syrian Civil War has already resulted in four convictions and at least four additional suspects have been accused of a core international crime. This blogpost will analyse trends from these four ongoing cases in the Netherlands and their implications for international criminal justice efforts. The legal framework in the Netherlands regarding the prosecution of core international crimes, as outlined in the International Crimes Act (Wet Internationale Misdrijven), allows for limited universal jurisdiction. Article 2 of the Act determines that a Dutch court can prosecute solely if a Dutch national has committed a core international crime, if an individual has committed a core international crime against a Dutch national or if an individual has committed a core international crime and is now on Dutch…

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The Credit Suisse Crisis and International Law: Time to Embrace Regime Complexity?  

There is a quasi-existential urge among international lawyers to present international law as salient whenever the “opportunity” of a crisis presents itself. Judge Charlesworth has famously lamented this urge because it distracts us from the subtle ways in which international law may deliver everyday justice. Yet, when it comes to financial crises, this “quest for international…

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Arresting “Mother Russia”: Female Defendants and Gender(ed) Justice in International Criminal Tribunals

With news breaking that the ICC has publicly issued its first two arrest warrants in relation to the Situation in Ukraine, much discussion has focused on the likelihood (or lack thereof) of Russian President Vladimir Putin being surrendered to the Court, the potential strategy behind the selection of charges, the issue…

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Two Weeks in Review, 13 March – 26 March

In their post, 'What’s at Stake in the Abortion Case Before the Inter-American Court of Human Rights?', Alicia Ely Yamin and Sabrina Ochoa explore the criminalization of abortion…

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The ESCR Revolution Continues: ILO Convention No. 190 on the Elimination of Violence and Harassment in the World of Work

On 21 June 2019, the International Labour Organization (ILO) adopted the landmark ILO Convention No. 190 (Convention concerning the Elimination of Violence and Harassment in the World of Work).  The labour standards set in this Convention were negotiated over a two year period by ILO member…

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Russia’s Supreme Court Rewrites History of the Second World War

Introduction and Background On September 1 2016, exactly 77 years since the outbreak of the Second World War, Russia’s Supreme Court upheld the conviction of Perm resident Vladimir Luzgin under Article 354.1 of the Russian Penal Code ­- Rehabilitation of Nazism. Luzgin had the unpleasant distinction of…

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Ruling of the Spanish Constitutional Court Legitimising Restrictions on Universal Criminal Jurisdiction

A short history of universal jurisdiction in Spain Last 20 December, the Spanish Constitutional Court (hereinafter, TC) issued a ruling rejecting an application made by more than fifty Socialist Members of Parliament to strike out a bill introduced by the Conservative Party in…

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Revisiting ‘Interested Parties’ in Investor-State Arbitration: Ticaret Procedural Order No. 3’s Compelled Disclosure of Third-Party Funders

On 12 June 2015, the arbitral tribunal – composed of Professors Julian Lew, Laurence Boisson de Chazournes, and Bernard Hanotiau - in Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti v. Turkmenistan [ICSID Case No. ARB/12/6] issued its landmark Procedural Order No. 3, ordering the…

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Foreign Cyber Interference in Elections: An International Law Primer, Part II

Part I of this series examined attribution as the first element of cyber election interference as an internationally wrongful act, and then looked at the prohibition of intervention as a possible primary rule that such interference can breach. Now, in Part II, I will examine the possible breaches…

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Taking the 'Union' out of 'EU': The EU-Turkey Statement on the Syrian Refugee Crisis as an Agreement Between States under International Law

Almost one year after its conclusion, the Court of Justice of the European Union (CJEU) has eventually made clear the real nature of the 'so-called' EU-Turkey Statement. The 'Statement' is a document that was primarily aimed at preventing irregular migrants reaching the EU from Turkey, and established a…

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