EJIL Analysis

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Grand Chamber Hearings and Preview of Al-Skeini and Al-Jedda

June 9, 2010

Today the Grand Chamber of the European Court of Human Rights held joint hearings in  Al-Skeini and others v. UK (no. 55721/07) and Al-Jedda v. UK (no. 27021/08) - webcast available here, statements of facts available here. It would be no exaggeration to say that these are some of the most important cases to come before the Court in recent years, with possibly wide-ranging implications, on matters ranging from the extraterritorial application of the ECHR and the use of force generally, to occupation and targeted killings, up to the responsibility of international organizations, the relationship between the ECHR regime and the UN Security Council under Article 103 of the Charter. The Court will probably deliver its judgments by the end of the year. Let me now try to provide a preview of some of the most important issues - particularly threshold issues - that that the two cases raise, and of the possible ways in which the Court might rule. (Again, apologies for a long post!)…

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The Aggression Negotiations at the ICC Review Conference

June 8, 2010

We are now in Day 7 of the Review Conference for the International Criminal Court in Kampala, with yesterday evening being a very active period in the negotiations as evidenced by the release this morning of a revised Conference Room Paper on the Crime of Aggression (CRP Rev. 2) and a proposal by Canada to complement that already made…

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UK’s Iraq Inquiry Invites Submissions on Legal Arguments Used by UK to Justify the War

June 7, 2010

As we have previously noted here, the inquiry established by the UK to examine the UK's involvement in the Iraq War has spent some time taking evidence on the legal justification put forward by the UK for the invasion of Iraq in 2003, as well as on the manner in which legal advice on the issue was formulated and presented.

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More on Drones, Self-Defense, and the Alston Report on Targeted Killings

June 5, 2010

First off, some personal news - I am very happy to report that I will be taking up a lectureship at the University of Nottingham School of Law starting this September. It's a truly excellent school, with some wonderful colleagues, and I do look forward to working there. Now, on to business: The whole Gaza flotilla affair has occupied so…

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The End of Stocktaking and on to the Main Event

June 3, 2010

We continue with our coverage of the Review Conference for the International Criminal Court, (see here, here and here), taking place at a resort on the shores of Lake Victoria, outside Kampala, Uganda (and well-insulated from the hustle and bustle of everyday life). Readers may be interested in comments on the stocktaking exercise that has occupied the…

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