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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.     The UN Security Council has expressed concern, but is unlikely to do more due to the near-certainty of the Chinese and Russian vetos.  It is difficult to think of a more damning indictment of the UN’s ability to fulfil its purposes, including in particular the promotion and protection of human rights, than a genocidal military seizing power from a democratically elected government without significant international consequence.  There is however one significant international consequence that is open to the UN as a response to the military coup, that does not require the agreement of the Security Council’s five permanent members. Pursuant to its procedural rules, the General Assembly is competent to deny Myanmar’s military junta…

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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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“We are tidying up”: The Global Compact on Migration and its Interaction with International Human Rights Law

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? “We are not talking about anything new […] Rather we are tidying up” – said El Salvador’s Representative before the vote at the United Nations General Assembly (UNGA) on…

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