Jurisdiction

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European Court Decides Al-Skeini and Al-Jedda

HUDOC service has been intermittent this morning, but the judgments are now available - Al-Skeini v. UK, Al-Jedda v. UK - and they were well worth the wait. For more background, see my case preview and my thoughts on the alleged 'embassy exception.' In brief, the UK government lost quite badly, while the Grand Chamber has effectively overruled the House of Lords on a number of points; the applicants have every reason to be pleased. In Al-Skeini, the Court held that (1) all of the applicants were within the UK's Art. 1 ECHR jurisdiction and (2) that the UK has not held an Art. 2-compliant investigation in five of the cases, all but that of Baha Mousa where there is an ongoing public inquiry. In Al-Jedda, the Court held that (1) Mr. Al-Jedda's detention was attributable to and within the jurisdiction of the UK, and (2) as the UK had no obligation under a UN Security Council resolution to detain preventively and without judicial review, Art. 103 of the UN Charter was not even…

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ICJ Rules that it has no Jurisdiction to Hear Georgia v. Russia

Today the Court by 10 votes to 6 upheld a preliminary objection by the Russian Federation that it lacked jurisdiction in its dispute under CERD with Georgia, as Georgia failed to exhaust a preliminary requirement under Art. 22 CERD to attempt to resolve the dispute by negotiation before submitting it to the ICJ. The press release and summary are…

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Proposed Amendments to UK’s Universal Jurisdiction Laws

Some months ago we noted that the UK's coalition government was planning to introduce legislation that would restrict the application of universal jurisdiction in the UK. The government was not proposing to restrict the scope of jurisdiction of UK courts over universal jurisdiction offences but to restrict the right of private persons to secure arrest warrants in respect of…

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JHHW to Stand Trial in France for Criminal Libel – Refusal to Remove a Bookreview which Displeased the Author of the Reviewed Book

The latest issue of EJIL is now out. The Table of Contents is posted below, but we wanted to draw EJIL: Talk! readers' attention to the Editorial, which concerns an attempt in France to prosecute EJIL's Editor in Chief for criminal libel. A link to the full editorial is posted below. Editorial 20 4 The below Table…

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Prosecution of Senior Rwandan Government Official in France: More on Immunity

French authorities have announced this week (see here) that a senior Rwandan official, Rose Kabuye, who is curently detained in France, will be allowed to travel to Rwanda for the Christmas holidays. Rose Kabuye was at the time of her arrest the Chief of Protocol to current Rwandan President Paul Kagame. She is accused (see here), under French Anti-Terrorism…

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