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Two Questions on Coups and Representation before International Courts

Think of Myanmar, and the awful consequences of the military coup which are continuing to unfold. One of these consequences – among the least awful, but among the more legally interesting – is that in the immediate aftermath of the coup it is unclear which set of individuals is the government of that state, entitled to represent it internationally. We’ve recently covered that issue, for example, with regard to Myanmar’s representation in the UN; or think of the question that has arisen in the UK as to who is lawfully the Burmese ambassador, entitled to occupy the premises of the diplomatic mission. There are many such representation questions, often looked at from the standpoint of recognition of governments. But an especially peculiar representation issue (and as far as I know one underexplored in the literature) is that of who gets to represent a coup-afflicted state, such as Myanmar, in disputes before international courts and tribunals, particularly in those disputes that are already pending. Think, most obviously, of The Gambia…

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The Facebook Oversight Board Made the Right Call on the Trump Suspension

The Facebook Oversight Board’s decision on the ‘indefinite suspension’ of Trump’s account has provoked a storm of commentary, akin to a landmark judgment of a national or international court. Much of that commentary is understandably focused on the bottom line: that Facebook was justified, at the time it made its decision, to suspend Trump’s account…

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Gender-based persecution as a crime against humanity: A milestone for LGBTI rights before the Colombian Special Jurisdiction for Peace

On 14 April 2021 the Colombian Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, JEP) broke new ground: It accredited five LGBTI persons as victims of the Colombian armed conflict and resolved that their gender-based persecution might have amounted to a crime against humanity. The decision is pioneering for two reasons: First, the JEP declared its…

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The rocky road to peace: current challenges at the Special Jurisdiction for Peace in Colombia

In November 2016, a peace agreement between the Revolutionary Armed Forces of Colombia (FARC-EP) and the Colombian government put an end to a 50-year-old conflict and established an institution unique in its kind: The Special Jurisdiction for Peace (SJP or JEP). As the cornerstone of Colombia’s transitional justice process, this tribunal was tasked with prosecuting the international crimes…

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Drowning Migrants in the Mediterranean and the ICCPR, Again

Last week 130 migrants perished off the coast of Libya, as their rubber boat capsized in the stormy Mediterranean. Some 750 migrants have died this year in trying to make the crossing. (See here for the IOM report, and here and here for the recent posts we had on this topic…

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