Non-State Actors

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The Mutual Legal Assistance Treaty for Core Crimes: Filling the Gap?

Since 2011, work has been underway in the Mutual Legal Assistance Initiative (MLAI) to create a modern, procedural, multilateral treaty on mutual legal assistance and extradition, which better facilitates cooperation between states in the prosecution of international crimes. However, recent drafts of the Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity and War Crimes (The MLA Convention) go far beyond the regulation of inter-state assistance and create domestic regimes requiring the prosecution of alleged perpetrators and redress for victims. A number of Supporting States have voiced concerns regarding the inclusion of wider obligations, arguing that they will make the treaty less attractive and lead to fewer state ratifications. Instead, they advise a return to a ‘pure’ MLA treaty focused on cooperation. As negotiations around the adoption of a new treaty reach a crucial stage as states prepare for a Diplomatic Conference in Ljubljana, Slovenia, this post asks whether, in its current form, the MLA Convention fulfils its original purpose of filling the cooperation gap.

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The European Commission’s proposal for a directive on corporate sustainability due diligence: two paradoxes

On 23 February 2022, the European Commission (EC) published a proposal for a directive on corporate sustainability due diligence (proposal). The proposal has already attracted much scholarly and stakeholder commentary. In this blog we focus on two significant issues not yet addressed. First, the proposal does not  refer to European regional human rights instruments such as the…

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“Friends of the court” making the most of Amicus Curiae with UN Treaty Bodies

The practice of submitting Third Party Interventions (TPIs) – also known as Amicus Curiae briefs - is well established in Commonwealth jurisdictions, and it has become common practice within regional mechanisms such as the Inter-American and European Courts of Human Rights, and the African Court on Human and Peoples’ rights. Similarly, most of the eight UN…

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The International Law of Intelligence Sharing in Multinational Military Operations: Concluding Thoughts

Having canvassed the various conceptual questions of state complicity in the prior posts in the series, we can now return to the two basic intelligence sharing scenarios I outlined in my first post – the sharing of intelligence facilitating a wrongful act, and the receipt of intelligence that was unlawfully collected and/or shared. In both scenarios the causal…

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The International Law of Intelligence Sharing in Multinational Military Operations: State Fault in Complicity

In my previous post in the series I explained how the fault element of state complicity rules is the single most important determinant of the scope of these rules, in the intelligence sharing context or otherwise. In this post I will elaborate on the different possible modes of fault, starting with the question of how fault…

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