Consular Relations

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Is There a Duty to Repatriate in International Law?

As thousands of foreign nationals stranded in Iran and Israel wait for repatriation flights, governments are scrambling to find safe ways to evacuate them. With airspace closed, land border crossings limited, and evacuation routes posing dangers, many people remain stuck. In addition to these obvious logistical challenges, the capacity of governments to repatriate their nationals varies considerably. Some States have considerable resources and a consular presence on the ground, or can rely on cooperative agreements—such as the European Union’s Civil Protection Mechanism—to help get their nationals out. By contrast, other States may lack the resources or, in some cases, the political will to repatriate their people.

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Statelessness is back (not that it ever went away…)

Citizenship deprivation and statelessness are very much back in fashion. States increasingly resort to such measures to deal with those returning from foreign wars, or as a sanction for those otherwise deemed undesirable and unwanted – it must certainly seem easier than living up to their obligations actually to combat terrorist activities or war crimes or crimes against…

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The International Court of Justice renders its judgment in the Jadhav case (India v. Pakistan)

On 8 May 2017, India instituted proceedings before the International Court of Justice (ICJ) against Pakistan, accusing the latter of ‘egregious violations of the Vienna Convention on Consular Relations’ (VCCR) (p. 4). The dispute concerns the treatment of an Indian national, Mr. Kulbhushan Sudhir Jadhav, who was detained, tried and sentenced to death by a military court in…

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