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Second Thoughts on the Crime of Aggression

Professor Andreas Paulus holds the Chair of Public and International Law at Georg-August-University Göttingen. He is a member of the Scientific Advisory Board of the…

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ICRC Report to CIA: Treatment of High Value Detainees Amounted to Disappearance and Torture

Nehal Bhuta is Assistant Professor of Law at the University of Toronto and a member of the EJIL’s Scientific Advisory Board. . He has worked…

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What’s in a Name: The GWOT, Redefinition Accomplished

These past few months have seen the emergence, or rather the beginning of the emergence of the Obama’s administration’s policy towards the fight against global terrorism. A significant part of…

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The Security Council and Human Rights: What is the role of Art. 103 of the Charter?

At last week's ASIL meeting there was a panel on whether the United Nations Security Council is bound by human rights law. The panelists (Vera Gowlland-Debbas, Graduate Institute…

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Domestic Enforcement of Decisions of International Tribunals

I am at the American Society of International Law's Annual Meeting and attended a panel on the domestic enforcement of decisions of international tribunals.  The panelists, which included…

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Would the addition of a Genocide Charge to the Bashir Arrest Warrant Change the Position on Immunity?

The Pre-Trial Chamber of the ICC issued an arrest warrant for Sudanese President Omar Bashir only with respect to war crimes and crimes against humanity and rejected…

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Distinctions between the Legal Position of ICC Parties and Non-Parties Regarding Aggression

The International Criminal Court (ICC) recently released the latest report of the Special Working Group (of the Assembly of States Parties) on the Crime of Aggression.  Art. 5 of the ICC Statute…

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The Obama Administration’s Interpretation of the Authority to Detain at Guantanamo: Some Areas of Progress

In his post below, Marko takes the view that the Obama administration position on the authority to detain in Guantanamo in internally contradictory and based on a…

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The Obama Administration’s Total Misinterpretation of IHL Regarding the Authority to Detain Suspected Terrorists

Yesterday the Obama administration filed a brief with the US District Court for the District of Columbia regarding its detention authority of persons previously classified by the Bush administration…

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Who is Obliged to Arrest Bashir?

Last week, the International Criminal Court issued an arrest warrant for the Sudanese President, Omar Al Bashir. The Pre-Trial Chamber of the ICC directed the ICC Registry to…

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