EJIL Analysis

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Justice for Bashir: What’s Different Today?

Christine Chung is a Senior Fellow at the Schell Center for International Human Rights, Yale Law School where she teaches "The International Criminal Court: Prospects for Global Justice." Ms. Chung was the first senior trial attorney appointed at the Office of the Prosecutor of the International Criminal Court and worked in The Hague from 2004 to 2007. If you're looking for the justification for the front-page media headlines about the ICC warrant naming Sudanese President Omar al-Bashir, there are two, to my mind. First, the world's permanent international criminal court has charged a sitting head of State, and sister States aren't close to hand-wringing over immunity. (My academic colleagues are a different matter - read, for example, Marko and Dapo). Yesterday's decision might be the nail in the coffin of the era in which heads of State escaped being called to account for perpetrating atrocities. Second, the decision of Pre-Trial Chamber I to decline to include the charge of genocide requested by Prosecutor Luis Moreno Ocampo (by a 2-1 vote) reinforced that…

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ICC Issues Arrest Warrant for Bashir, but Rejects the Genocide Charge

(Updated) Today the International Criminal Court issues an arrest warrant for Omar al Bashir, the serving President of Sudan, for crimes against humanity and war crimes in Darfur. (The decision is now available here). The news were expected after a leak a few weeks ago. What came as a pretty big surprise, however, is that the Pre-Trial Chamber rejected…

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Is Gaza Still Occupied by Israel?

While the recent conflict between Israel and Hamas was still ongoing, I was wary of commenting on what is a very contentious legal issue - whether Gaza is still to be considered as occupied as a matter of international humanitarian law, even after Israel's unilateral disengagement from Gaza in 2005. I was wary of doing so primarily because the issue…

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Kadi and Al Barakaat: Luxembourg is not Texas – or Washington DC

Piet Eeckhout is Professor of Law and Director of the Centre for European Law at King's College London. He was a member of the legal team for the applicant Yassin Kadi. The European Court of Justice's approach in the Kadi decision has already been described as sharply dualist (see,Professor Joseph Weiler's…

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The Obligation to “Extradite or Prosecute” is not an Obligation to “Prosecute or Extradite”

Joanna Harrington is Associate Professor of Law, University of Alberta, Canada. Her Phd obtained from the University of Cambridge dealt with extradition and human rights. From 2006-2008, she was on secondment to the Legal Affairs Bureau of the Canadian Department of Foreign Affairs and International Trade. In that capacity, she, among other things, was a member of the…

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