Responsibility of International Organizations

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‘Oops, we misplaced the keys…too bad!’: The International Criminal Court and the fiasco of Mr Jean-Pierre Bemba’s compensation claim

Background On 18 May 2020, over a year after Mr Jean-Pierre Bemba Gombo filed a claim at the International Criminal Court (the Court) seeking compensation for alleged miscarriage of justice and for alleged destruction and damage caused to his property, the Pre-Trial Chamber dismissed the application. Mr Bemba was charged in 2008 with crimes against humanity and war crimes allegedly committed in the Central African Republic between 2002 and 2003. He was convicted by the Trial Chamber in 2016 and sentenced to 18 years imprisonment. However, on 8 June 2018, the Appeals Chamber overturned his conviction, after which he was released from detention. By the time of his release, he had spent 10 years at the Court’s detention facility in Scheveningen, The Netherlands. Following his acquittal, Mr Bemba filed a claim for compensation, based on Article 85 of the Rome Statute of the Court (Rome Statute). Mr Bemba alleged grave and manifest miscarriage of justice and requested compensation of not less than €68.6 million for his long detention,…

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The Myth and Mayhem of ‘Build Back Better’: Human Rights Decision-Making and Human Dignity Imperatives in COVID-19

Human rights were already under siege everywhere around the world before COVID-19.  But there is also a dawning race now against reaching the ‘twilight of human rights law’, due to: 1) authoritarian regimes’ dismissal of the relevance of human rights while using this pandemic to expand and consolidate their power, such as to silence speech,…

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Jam v IFC before the D.C. District Court: Forget the Floodgates, there won’t even be a Trickle

A year ago, the US Supreme Court in Jam v International Finance Corporation decided that the immunity granted to International Organizations (IOs) under the US International Organizations Immunities Act (IOIA), was the same “restrictive immunity” granted to states under the Foreign Sovereign Immunities Act (FSIA). The latter Act denies immunity for claims that are inter alia…

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Equivalence and Translation: Further thoughts on IO Immunities in Jam v. IFC

At the end of February, the Supreme Court of the United States issued a landmark judgment on the immunity of international organizations in Jam v. International Finance Corporation, 58 U.S. (2019). The case concerned the meaning of the 1945 International Organizations Immunities Act (IOIA), which affords international organizations “the same immunity from suit … as is enjoyed…

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SCOTUS Decision in Jam et al v. International Finance Corporation (IFC) Denies Absolute Immunity to IFC…With Caveats

Editor's Note: In view of this landmark SCOTUS decision yesterday, this post is a brief deviation from our ongoing Symposium for the ESIL Interest Group on Migration and Refugee Law on the UN Global Compacts on Migration and Refugees: The Twin Peaks?.  We immediately continue with the Symposium after this post. When it rains, it…

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