Jurisdiction

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Al-Masarir v Saudi Arabia: A route to state accountability for spyware

Background On 19 August 2022, Knowles J denied Saudi Arabia’s claim to immunity in the case of Al Masarir v Kingdom of Saudi Arabia [2022] EWHC 2199. The claimant was a human rights activist and critic of the Saudi Arabian government who had been residing in the UK. The factual background to his claim was as follows: Mr Masarir claimed that malicious text messages had been sent to two of his iPhones, and spyware known as ‘Pegasus’ had infected his devices after Mr Masarir had clicked the link in those messages (Al Masarir, [14]). Mr Masarir alleged that Saudi Arabia was responsible for hacking his devices and operating the spyware, which had allowed it to, inter alia, spy on texts and calls and track the location of the phone. Mr Masarir also alleged that he had been assaulted in Knightsbridge, London; an act which he claimed had been directed or authorised by the Defendant or its officials  (Al Masarir, [16]).

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Territorial Jurisdiction of the International Criminal Court over the Russian Leadership: Locus Delicti in Complicity Cases

Note by the editors: this is a contribution from an author in Russia, whose identity, affiliation and qualifications are known to the editors. In line with our policy and in light of the grave and ongoing threats to academic freedom and freedom of expression in Russia, the author has requested to remain anonymous.

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Ukraine Files ICJ Claim against Russia

Earlier today President Zelenskyy announced that Ukraine has filed an application against Russia before the International Court of Justice: Ukraine has submitted its application against Russia to the ICJ. Russia must be held accountable for manipulating the notion of genocide to justify aggression. We request an urgent decision ordering Russia to cease…

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The Principle of Legality in the ICC’s Appeals Judgment on Abd-Al-Rahman’s Jurisdictional Challenge: A Follow-up on Merits and Shortcomings

The recent judgment of the Appeals Chamber of the International Criminal Court (ICC, the Court) in the case of Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) has already given rise to heated academic commentary and critique (see here and here). As readers may recall from previous posts on this blog, this was a judgment on an…

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SCOTUS Further Narrows Parent Corporate Liability under the Alien Tort Statute: Ambiguities and Evidentiary Thresholds in the June 2021 Judgment in Nestle USA Inc. v. Doe et al.

Introduction On June 17, 2021, the Supreme Court of the United States issued its decision in Nestle USA, Inc. v. Doe, __ S. Ct. __ (2021), which involved six former child slaves (“Respondents”) who had been kidnapped and forced to work on cocoa farms in the Ivory Coast. Nestle USA, Inc. and Cargill, Inc. (together, “Petitioners”) purchased, processed,…

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