EJIL Article Discussion

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A Complementarity Toolkit?

Editor's Note: This post is part of our Joint Symposium with Justice in Conflict on Human Rights Watch's Report, Pressure Point: The ICC's Impact on National Justice  In the long-term, bolstering national proceedings is crucial in the fight against impunity for the most serious crimes, and is fundamental to hopes for the ICC’s broad impact. It can also restore trust in national institutions, which have been severely damaged or have failed completely in a context of armed conflict or systematic repression. A recent Human Rights Watch report provides a detailed examination of how the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) can trigger domestic investigations and prosecutions into serious crimes, looking at Colombia, Georgia, Guinea and the United Kingdom as case studies. The report discusses a range of practical actions that the OTP can take as part of its complementarity activities during the admissibility phase of its analysis, and how these actions have played out in various contexts. In and…

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Complementarity (in)action in the UK?

Editor's Note: This post is part of our Joint Symposium with Justice in Conflict on Human Rights Watch's Report, Pressure Point: The ICC's Impact on National Justice  In response to the 2014 re-opening of an International Criminal Court (ICC) preliminary examination into…

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The ICC’s Impact on National Justice: Can the ICC Prosecutor Catalyze Domestic Cases?

Editor's Note: This post is part of our Joint Symposium with Justice in Conflict on Human Rights Watch's Report, Pressure Point: The ICC's Impact on National Justice  The International Criminal Court (ICC) is a court of last resort. Under the court’s treaty, the Rome Statute, which marks its 20th anniversary…

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UNCITRAL and ISDS Reforms: Moving to Reform Options … the Politics

In the last blog, I provided an update on the UNCITRAL process, including the consensus decision from Vienna last week to move forward to consider possible reforms of investor-state arbitration. This decision is very significant. But to get a sense of how this decision was reached and where the process might be heading, I thought…

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Reply to Dunoff and Pollack: ‘Experimenting with International Law’

In the last issue of the European Journal of International Law we published an experimental study on the ability of international law students and experts to ignore information in the context of treaty interpretation. The same issue included a follow-up article by Jeffrey Dunoff and Mark Pollack. We find Dunoff and Pollack’s practical exercise of critically reading…

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