International Tribunals

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The rocky road to peace II: additional challenges at the Special Jurisdiction for Peace in Colombia

The transitional justice process in Colombia and the institution at its centre, the Special Jurisdiction for Peace (JEP), have faced a series of difficulties (see here and here). Aware of this, the Prosecutor of the ICC announced on 28 October 2021 the closure of the country’s preliminary examination. This decision was partly motivated by the JEP’s progress in two of its ten ongoing cases. However, while progress at this court is undeniable, the Prosecutor’s decision was viewed by some as premature (here and here). This is not only because the proceedings are still at an early stage, but also because longstanding challenges remain unsolved (see “The rocky road to peace”) and new ones have emerged.

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Is the Dispute between Germany and Italy over State Immunities Coming to an End (Despite Being Back at the ICJ)?

For nearly two decades Germany and Italy have been embroiled in a dispute over the scope of State immunities under international law. The dispute which relates to the question of compensation for victims of crimes committed by Nazi forces in Italy or against Italian citizens, has recently been resubmitted by Germany to the International Court of Justice…

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Victim Status before the ECtHR in Cases of Alleged Omissions: The Swiss Climate Case

The European Court of Human Rights (ECtHR) announced on Friday, 29th April, that the Swiss Climate case will be dealt with by the Grand Chamber. In accordance with article 30 of the ECHR, the competent Chamber relinquished jurisdiction in favour of the Grand Chamber. This option can be used when the seven…

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Russia and the European human rights system: Doing the right thing … but for the right legal reason?

Less than a month after its invasion of Ukraine, the Russian Federation has ceased to be a member of the Council of Europe. On 16 March 2022, the Committee of Ministers decided to expel Russia from the regional organization with immediate effect, although without resolving the many legal consequences of this decision. Perhaps the most important…

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Crimean Tatars: Eight Years of Anything but Marginal Resistance

On 3 March 2022, Professor Alain Pellet published a reflection on Russia’s invasion of Ukraine, drawing parallels to the 2014 occupation of Crimea. With the eighth anniversary of the Crimean ‘referendum’ approaching, this post will respond to Prof. Pellet’s thoughts on the Crimean Tatars and their ‘marginal’, according to Prof. Pellet, reaction to Russia’s activities in Crimea…

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