EJIL Analysis

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Australian Government Settles Habib Claim arising out of Rendition and Torture and Orders Inquiry

Ben Batros is Legal Officer at the Open Society Justice Initiative and a former Senior Legal Officer, International Crime Branch, Australian Attorney-General’s Department. Philippa Webb is Visiting Assistant Professor at Leiden University and former Special Assistant to President of the International Court of Justice. It was reported late last week that the Australian government has settled a claim brought against it by one of its citizens, Mahmoud Habib, arising out of his detention, rendition and torture by US and other foreign authorities (link).  The government will not disclose how much it paid Mr. Habib. Over a three-and-a-half year period, Mr. Habib had been detained by Pakistani authorities, then transferred by the US to Egypt, to a military base in Afghanistan, and finally on to Guantanamo Bay where he was detained until his release (without charge) in January 2005.  Mr Habib alleges that he suffered a range of mistreatments amounting to torture and inhumane treatment.  Instead of suing the foreign agents directly responsible for the alleged abuses or pursuing a criminal prosecution, Mr.

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The Distomo Case: Greece to Intervene in the Sovereign Immunity Dispute between Germany and Italy before the ICJ

Antonios Tzanakopoulos is Lecturer in Public International Law at the University of Glasgow. On 12 January 2011, the Greek Government announced its decision to apply to the International Court of Justice for permission to intervene in the sovereign immunity dispute brought by Germany against Italy (see here for Dapo’s comment when the case…

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Pantomime violates International Humanitarian Law!

One of the pleasures of the Christmas season in the UK is that it is also the pantomime season. I will confess to being a relatively recent admirer of the "panto". However I would never have guessed that a panto could be accused of violating IHL. Not raising issues about the violation of IHL but itself violating IHL! But…

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Is Kenya Pushing for a Mass African Withdrawal from the ICC?

It was reported last month that the Kenyan Parliament passed a motion calling on the government to withdraw from the International Criminal Court (see posts by Kevin Jon Heller at Opinio Juris - here and here  - and the discussion by Charles Jalloh at International Criminal Law Ferment – here and here). This move…

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In Defense of the Hazardous Tool of Legal Blogging

On the occasion of my very first post on EJIL:Talk! – at the invitation of its editors – on the current duality of government in Côte d’Ivoire (see here), I have deemed it necessary to post a separate note on the “art” of legal blogging, for this topic has hardly been discussed on this experts’ blog in…

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