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Registration Open for ILA (British Branch) Annual Meeting in Oxford

Published on March 7, 2013        Author: 

Registration is now open for the Spring Conference of the International Law Association (British Branch) which will take place in Oxford on April 12 and 13. The theme of the conference is “The Changing Face of Global Governance:  International Institutions in the International Legal Order”. The conference will explore the changing nature of international  institutions and their impact on international governance, international  law-making and law-enforcement. Papers address the role of international institutions in a wide range of areas, including the maintenance of peace and security, international economic law, environmental law, law of the sea, international criminal law, as well as the regulation of technology and health.

The Keynote Lecture and Inaugural Oxford Global Justice Lecture will be delivered by Patricia O’Brien, United Nations Under Secretary General for Legal Affairs and Legal Counsel. Papers will be presented by speakers drawn from academia as well as from the offices of legal counsel of international organizations and States. Plenary speakers include Dan Sarooshi, Nico Krisch, Alan Boyle, Guy Goodwin-Gill, Kristen Boon, Payam Akhavan and Charles Jalloh. The programme and registration details are available on the new website of the Public International Law Group in the Oxford Law Faculty.  The cost for both days is £60 for academics (£40 for ILA members) and £35 for students (£25 for ILA members).

Filed under: EJIL Analysis, EJIL Reports
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ICC Decides on Immunities and Privileges of Defence Counsel and ICC Staff

Published on March 6, 2013        Author: 

Last week, the Pre-Trial Chamber of the International Criminal Court issued a decision with important implications for the privileges and immunities of counsel acting at the ICC, and also of ICC staff. In its decision, the Pre-Trial Chamber confirmed that the immunities provided for in Article 48 of the ICC Statute apply to defence counsel and to staff of the ICC involved in the ICC proceedings against Saif Gaddafi. It also held “that the inviolability of documents and materials related to the exercise of the functions of the Defence constitutes an integral part of the treatment that shall be accorded to the Defence pursuant to article 48(4).” This means that these documents may not be seized by States, and in this particular case, the ICC held that Libya is under an obligation to return such seized documents.

The decision arose out of the detention in Libya, last June, of four members of staff of the ICC, including Melinda Taylor a lawyer at the Office of the Public Counsel for Defence (OPCD). The ICC staff were detained by the militia holding Saif Gaddafi (who is represented by the OPCD) when they were in Libya to meet with Saif. At time of the detention, I and others argued that these detained persons were entitled to immunity from criminal process in Libya (see previous post).

There are three interesting points that arise out of this decision. The first relates to the applicability of the Statute (and in particular Art. 48) to Libya. The second relates to which part of Art. 48 applies to defence counsel employed by OPCD. The third, and perhaps most important, point is that the decision  implies the applicability of the 2002 Agreement on the Privileges and Immunities of the International Criminal Court to States that have not ratified it.

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Dr Amanda Perreau-Saussine de Ezcurra Law Prize Fund

Published on March 5, 2013        Author: 

A fund has been set up in the memory of our late colleague and friend Amanda Perreau-Saussine de Ezcurra to create a law prize at the University of Cambridge Faculty of Law to reward students’ outstanding performance in the study of the History and Philosophy of International Law. The Faculty obituary for Amanda can be found here, while the obituary written by Patrick Capps for EJIL: Talk! is available here. Any donations from our readers to the fund would be very much appreciated, and can be made here.

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