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Will the Taliban Represent Afghanistan at the UN General Assembly?

The work of the Credentials Committee of the General Assembly is normally procedural. Typically, the Committee reviews the credentials submitted by state representatives, and ensures they comply with the Assembly’s procedural rules.  The Committee is scarcely ever called upon to consider matters of government legitimacy.  In stark contrast to this status quo, it seems this year’s Credentials Committee will be called upon to consider not just one, but two, questions of government legitimacy. Not only will it likely be called upon to consider whether to recognise Myanmar’s military junta or National Unity Government as the legitimate representative of Myanmar, but now, it seems likely that the Taliban will submit credentials claiming to be the new government of Afghanistan.    This post does not seek to review the law relating to credentials, which is extensively described in this recent post by Professor Larry Johnson in Just Security. Rather, this post describes, for illustrative purposes, the way in which the Credentials Committee handled the previous period of Taliban rule, and then reviews the approach…

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Could the General Assembly Exclude Myanmar from the UN by Refusing to Recognise the Credentials of its Ruling Military Junta?

Earlier this month, Myanmar’s military seized power from the democratically elected government in a dramatic coup d’état.  State Counsellor Aung San Suy Kyi was arrested alongside other government ministers, parliamentarians and activists.  The military’s Commander-in-Chief, who a UN Fact-Finding mission said in 2018 should be prosecuted for crimes under international law, is running the country.    …

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The Interests of Justice- where does that come from? Part II

Editor's Note: This is part II of a two-part post. Read part I here. After tracing the drafting history of article 53 of the Statute in part I of this post, part II is dedicated to the consequences that may be drawn from the relevant drafting history for the application of the “interests of justice”…

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The Interests of Justice- where does that come from? Part I

There has been much debate about the decision issued by Pre-Trial Chamber II rejecting the request by the Office of the Prosecutor to open an investigation into the situation in Afghanistan because such an investigation would not serve “the interests of justice”. Despite the recent surge in academic interest in this criterion, which appears in…

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Governance and the UN Global Compact on Migration: Just another Soft Law Cooperation Framework or a New Legal Regime governing International Migration?

Editor's note: This post is part of the ESIL Interest Group on Migration and Refugee Law symposium on The UN Global Compacts on Migration and Refugees: The Twin Peaks? Does the UN Global Compact for Safe, Orderly and Regular Migration (GCM) fulfill the criteria of a legal regime for international migration or is it just another soft law…

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