International Law and Domestic Law

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The subtle erosion of democracy in Latin America: the case of Lula in the Human Rights Committee

On 12 March 2022, the Human Rights Committee delivered its views on the complaint filed by Luiz Inácio Lula da Silva, former President of the Federal Republic of Brazil who was imprisoned in 2018 in the context of the anti-corruption operation known as ‘Operation Car Wash (in Portuguese, ‘Operação Lava Jato’). The representatives of Lula asked the Committee to find that Brazil had violated his rights against arbitrary deprivation of liberty, the right to a fair trial, the right to presumption of innocence, the right to privacy, and his political rights (Articles 9(1), 14(1) and (2), 17, and 25 of the International Covenant on Civil and Political Rights). The Committee’s majority (15 against 2) found that the acts of the Brazilian State in the course of Operation Car Wash indeed violated the aforementioned articles of the Covenant (hereinafter ICCPR). It concluded that former President Lula had not been tried by an impartial tribunal, that his 580 days of arrest amounted to a wrongful imprisonment, and that Brazil had violated the Covenant by…

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Prosecuting Atrocity Crimes Committed in Northern Ethiopia: The Need for Special National Prosecution Mechanism

Over the last four years, serious human rights violations and abuses, have been committed in Ethiopia in and outside of the context of an armed conflict. These violations may constitute international crimes, such as crimes against humanity, war crimes and torture. The situation particularly worsened and garnered international attention after an armed conflict broke out in Tigray on…

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A Former Danish Minister for Immigration is Sentenced: A new Chapter in the Danish ‘Migrants Saga’

On December 13 2021 the Danish Court of Impeachment (Rigsretten) convicted Inger Støjberg, a former Minister of Immigration, for having unlawfully instructed public authorities to separate migrant couples one of whom was a minor. This special Court, which Parliament assembles, exists to try ministers accused of maladministration. Although nominally a permanent body, the assembly of the Court…

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Discriminating against Υour Own Nationals: The Peculiar Case of New Zealand Seafarers

As the Covid-19 vaccine rollout continues across many countries, thousands of people have been able to regain a sense of normality in their daily life and employment. This has not always been the case for the thousands of seafarers who continue to face serious challenges as a result of the ongoing crew change crisis. While the numerous…

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Milieudefensie v Shell: Do oil corporations hold a duty to mitigate climate change?

On 26 May 2021, the District Court of the Hague passed a judgment recognizing an obligation of Royal Dutch Shell to mitigate climate change. Shell was ordered to reduce all carbon dioxide (CO2) resulting from its global operations—including those from the combustion of oil-and-gas products by its customers—by 45 percent by 2030, compared with 2019.

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