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The Proposed Genocide Amendment to the UK Trade Bill: Paper Tiger or Self-Inflicted Wound?

Something is distinctly off with the UK’s engagement with public international law. Whether it be the Overseas Operations Bill, which last week passed its third reading in Parliament, in which the UK proposes to introduce a ‘triple lock’ designed to significantly curtail the circumstance in which members of the UK armed forces accused of committing war crimes will face prosecution, or it be the express intention of the government to violate international law, albeit in a limited and specific way, it seems that Parliament’s appetite for constructive engagement with the rules based international order appears to be at a low ebb. Against this backdrop, and alongside the news that the House of Lords has voted down (by a resounding 433-165) the much-criticised Internal Market Bill, it is worth taking a look at a widely overlooked amendment to the Trade Bill, currently before the House of Lords, which purports to express the UK’s commitment to accountability for genocide through the UK’s post-Brexit trade policy. However, as…

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ICJ Indicates Provisional Measures in the Myanmar Genocide Case

  Today the International Court unanimously issued its provisional measures order in the case brought by The Gambia against Myanmar under the Genocide Convention. The order is available here, the three separate opinions here. For our previous coverage of the case, see here. The fact that the Court ordered provisional…

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The Challenges for the ICJ in the Reliance on UN Fact-Finding Reports in the Case against Myanmar

  This past week’s provisional measures hearing in the case against Myanmar at the International Court of Justice (ICJ) made for a remarkable spectacle (see here, here, and here). Acting as the head of her country’s delegation, Nobel Peace Prize winner Aung San Suu Kyi sat silently as The Gambia’s legal team laid out its…

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A Picture is Worth a Thousand Words

(Image credit: AFP) Next week, Aung San Suu Kyi, the Nobel Peace Prize laureate and de facto head of government of Myanmar, will appear in person before the International Court of Justice. She will be defending her country in the case brought by Gambia for breaches of the Genocide…

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The Gambia’s gamble, and how jurisdictional limits may keep the ICJ from ruling on Myanmar’s alleged genocide against Rohingya

  On 11 November, The Gambia filed an Application instituting proceedings and requesting provisional measures at the International Court of Justice (ICJ) in relation to the genocide allegedly committed by Myanmar against the Rohingya (for a first analysis of the Application, see this post by Priya Pillai). As notably reported by The New…

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