International Court of Justice

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The Gambia v Facebook: Obtaining Evidence for Use at the International Court of Justice (Part II)

[The first installment of this post provided an overview of the court’s decision in The Gambia v Facebook and identified some problematic aspects of the decision.] As discussed in the first installment of this post, a US federal court has ordered Facebook to disclose to The Gambia materials relating to anti-Rohingya hate speech and incitement to violence in Myanmar that Facebook previously deleted. The Gambia’s request is in aid of its effort to hold Myanmar accountable for alleged violations of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide at the International Court of Justice (ICJ). In brief, the US federal court determined that deleted content was not subject to the non-disclosure rule of the Stored Communications Act (SCA) (28 USC §2702) and that, in the alternative, pages or posts that were accessible to the public before Facebook took them down were within a statutory exception to the non-disclosure rule anyway. Having already summarized the decision and identified some potential flaws in Part…

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The Gambia v Facebook: Obtaining Evidence for Use at the International Court of Justice (Part I)

On September 22, 2021, a US magistrate judge ordered Facebook to disclose materials relating to the perpetration of ethnic hatred against the Rohingya Muslim-minority in Myanmar. The application was made by The Gambia, which seeks further evidence to support its claims in the pending action against Myanmar at the International Court of Justice (ICJ). The Facebook…

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US Mistreatment towards Iran’s Representatives to the UN: Is Iran Initiating the Third Case against the US at the ICJ?

In recent years, some visa applications for Iran's representatives to the UN have been rejected by the US. Also, Iran's representatives to the UN may only travel between the Iranian U.N. mission, the Iranian U.N. ambassador’s residence, John F. Kennedy airport, and the UN, and they would need authorization to go beyond a 25-mile (40-kilometer) radius (see…

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Abandoning, Revising or Rethinking the Basis and the Application of the Monetary Gold Doctrine: A Discussion of Zachary Mollengarden & Noam Zamir’s AJIL Article

It has been stated (p. 4) that it is a “truism that international judicial jurisdiction is based on and derives from the consent of states.” While the manner in which that consent may be given varies––from ad hoc consent given with respect to the particular dispute in question, to consent over any dispute arising under a particular…

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Two Questions on Coups and Representation before International Courts

Think of Myanmar, and the awful consequences of the military coup which are continuing to unfold. One of these consequences – among the least awful, but among the more legally interesting – is that in the immediate aftermath of the coup it is unclear which set of individuals is the government of that state, entitled to represent it…

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