EJIL Analysis

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Is the Rift between Africa and the ICC Deepening? Heads of States Decide Not to Cooperate with ICC on the Bashir Case

July 4, 2009

Disclosure: I have acted as consultant to the Commission of the African Union on the question of the relationship between African States and the ICC. Note: This is a long post. If you're interested in whether Bashir is entitled to immunity under the ICC Statute I try to provide answers at the end. As I discussed in a previous post (see here) there has been tension between African States and the ICC regarding the indictment of Sudanese President Omar Al Bashir. It is reported (here and here) that the Assembly of the African Union (which meets at the level of Heads of States and Governments), has adopted a resolution calling on all African States not to cooperate with the International Criminal Court on the Bashir case.  In the resolution: "(The African Union) decides that in view of the fact that a request of the African Union (to defer al Bashir's indictment) has never been acted upon, the AU member states shall not cooperate persuant to the provisions of…

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The European Court’s Admissibility Decision in Al-Saadoon

July 3, 2009

Today a Chamber of the European Court of Human Rights made public its admissibility decision in Al-Saadoon and Mufdhi v. United Kingdom, App. No. 61498/08, a very important case. In brief, the facts are these: the applicants were detained by UK forces in Iraq, and first complained to English courts, and then to the European Court, that…

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Afghanistan accedes to Additional Protocols to Geneva Conventions: Will AP II govern the conflict in Afghanistan?

June 30, 2009

Last week (June 24) Afghanistan acceded to Additional Protocols I & II to the Geneva Conventions. These treaties continue to inch towards univeral participation as there are 169 States parties to AP I and 165 party to APII. The ratification by Afghanistan ruins, somewhat, the point I usually make in class when introducing the Geneva Conventions and…

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International Investment Arbitration: Poisoned at the Root?

June 24, 2009

 Tolga R Yalkin is a graduate student in the Faculty of Law, University of Oxford and President of Oxford Pro Bono Publico, a public interest law program of the Oxford Law Faculty. His Oxford thesis considers the international minimum standard of treatment in international investment law.  Earlier…

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Clearing the Fog of War? The ICRC’s Interpretive Guidance on Direct Participation in Hostilities

June 4, 2009

On Tuesday (June 2), the ICRC published a document setting out its "Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law."  The purpose of the document is to help clarify and to assist in the interpretation of a principle which is well accepted in international humanitarian law (IHL) but subject to much ambiguity. This is…

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