State Responsibility

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The ECtHR Finds Macedonia Responsible in Connection with Torture by the CIA, but on What Basis?

December 24, 2012

André Nollkaemper is Professor of Public International Law at the Faculty of Law of the University of Amsterdam. He directs the project on 'Shared Responsibility in International Law' (SHARES); this piece is cross-posted on the SHARES Blog. On 13 December 2012, the European Court of Human Rights (‘the Court’) found the that the Former Yugoslav Republic of Macedonia (‘Macedonia’) was responsible in connection with the ill-treatment and torture of Khaled El-Masri. The judgment adds a further chapter to the Court’s rich case law on situations where a state party is held responsible in connection with the (wrongful) acts of another state. El-Masri, a Lebanese-born German national, alleged that in the period from 31 December 2003 to 29 May 2004 he had been subjected to a secret rendition operation, in which agents of Macedonia had arrested him, held him incommunicado, questioned and ill-treated him, and handed him over at Skopje Airport to CIA agents who then transferred him to Afghanistan, where he had been detained and ill-treated for…

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Palestine as a UN Observer State: Does this Make Palestine a State?

December 3, 2012

Last week, the UN General Assembly voted by 138 to 9 (with 41 abstaining) “to accord to Palestine non-member observer State status in the United Nations”. Thus, Palestine which has been an observer at the UN since 1974 has had its status within the UN upgraded to being an observer State. There has been much euphoria on…

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Countermeasures vs. Collective Security? The EU Sanctions Against Iran

June 22, 2012

 Pierre-Emmanuel Dupont, is a lawyer based in Paris,France. His practice is centered on public international law and international investment. His article "Countermeasures and Collective Security: The Case of the EU Sanctions Against Iran" will appear shortly in (2012) 17 Journal of Conflict and Security Law but is now available here The additional sanctions agreed…

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Award of Compensation by International Tribunals in Inter-State Cases: ICJ Decision in the Diallo Case – UPDATED

June 21, 2012

UPDATE: See below for answers to my trivia question asking  for cases where compensation was awarded by an international tribunal to one State for violation by another State of international law other than cases of diplomatic protection. This week, the International Court of Justice decided that the Democratic Republic of Congo is…

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The ‘left-to-die boat’: whose responsibility for the death of 63 migrants in the Mediterranean?

March 31, 2012

 Francesco Messineo is lecturer at Kent Law School, Canterbury. Given the relative lack of media hype (with notable exceptions, see also here), readers may have missed the Council of Europe Parliamentary Assembly’s scathing report on the ‘left-to-die boat’ in the Mediterranean. On 27 March 2011, during the UN-authorized NATO military operations in Libya (see…

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