EJIL Analysis

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Dispute Concerning Honduran Government Crisis Heads to the International Court of Justice (UPDATED)

October 30, 2009

UPDATE: Since I wrote this piece it has been announced that the rival Honduran leaders have reached agreement to resolve the crisis relating to the Presidency (see BBC report here). It is not clear what impact this will have on the ICJ case discussed below. The  new "government" of Honduras has instituted proceedings in the International Court of Justice against Brazil which has given refuge in its embassy in Honduras to "former" Honduran President José Manuel Zelaya (see ICJ Press Release). According to the Application submitted to the Court yesterday by the Honduran Ambassador in the Netherlands: the "dispute between the Republic of Honduras and the Federative Republic of Brazil relates to legal questions concerning diplomatic relations and associated with the principle of non-intervention in matters which are essentially within the domestic jurisdiction of any State, a principle incorporated in the Charter of the United Nations". In particular, the document indicates that "[Mr. José Manuel Zelaya Rosales and] an indeterminate number of Honduran citizens", who have been…

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Is There Still a Need for Guidelines for the Exercise of ICC Prosecutorial Discretion?

October 28, 2009

In April of this year, the ICC Prosecutor issued a set of Regulations of the Office of the Prosecutor. These regulations are intended to govern the way in which the office of the ICC Prosecutor  is administered and the way in which it conducts investigations and operations. Back in 2003, the Office of the Prosecutor issued a…

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The (Aborted) Start of the Karadzic Trial

October 26, 2009

The trial of Radovan Karadzic at the ICTY was supposed to begin this morning, but, true to his word, Karadzic decided to boycott the trial because he was allegedly not given enough time for preparation. In reality, however, it has been more than a year and three months since his transfer to the Hague - time that he…

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Editorial – Vol. 20, Issue 3

October 22, 2009

The ‘Lisbon Urteil' and the Fast Food Culture The outcome was not a surprise. 'Yes' to the LisbonTreaty with some (arguably trivial) tinkering with internalGerman procedures. The naïve might have expected somethingelse: after all, some of the statements of that same court inits highly problematic Maastricht decision could have been construedas pointing towards a different, negative, result. But…

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New Issue of EJIL [Vol 20 (3)] out

October 22, 2009

The latest issue of the European Journal of International Law has been published and is available here and here. This is Issue 3 of Volume 20. Readers will remember that the current volume of EJIL celebrates the 20th Anniversary of the Journal. In each issue of this volume, there is an anniversary article as well as…

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