Universal Jurisdiction

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Public Interest Litigation Before Domestic Courts in The Netherlands on the Basis of International Law: Article 3:305a Dutch Civil Code

March 6, 2020

Otto Spijkers

In recent years, the domestic courts in The Hague (Netherlands) have produced a series of judgments on matters of global concern, adjudicated on the basis of international law. All of these judgments have immediately been heralded as “a new classic” or “the most important court decision […] in the world so far” by scholars and practitioners of international law. This raises the question: Why does one domestic court produce so many of these landmark rulings on fundamental issues of international law? Is it because The Hague takes its nickname ‘legal capital of the world’ (too) seriously? Or is it because the domestic courts in The Hague have been inspired by that other court in their city - the International Court of Justice? I believe it has more to do with a particular provision in the Dutch Civil Code: Article 305a of Book 3. Article 3:305a Civil Code allows anyone to establish a foundation, mandated to protect a public…

Misunderstanding of International Aviation Law May be Behind Iran’s Shootdown of the U.S. Global Hawk Drone

July 1, 2019

James Kraska

On Thursday, June 20, the Iran Revolutionary Guard Corps Navy (IRGCN) shot down an unarmed U.S. surveillance drone, nearly igniting open conflict between the United States and Iran. The $180 million U.S. Navy RQ-4A Global Hawk was struck by an Iranian Islamic Revolutionary Guard Corps (IRGCN) surface-to-air missile launched from near Goruk, Iran. With strained relations…

Callamard Report on the Murder of Jamal Khashoggi: Part II

June 26, 2019

Marko Milanovic

In my second post on the report on the murder of Jamal Khashoggi by the Special Rapporteur on extrajudicial executions, I will discuss some of its most interesting legal findings. The key finding, obviously, is that Saudi Arabia is responsible for committing an extrajudicial execution in violation of Mr Khashoggi’s right to life. The Special Rapporteur notes…

Ruling of the Spanish Constitutional Court Legitimising Restrictions on Universal Criminal Jurisdiction

February 6, 2019

Nicolás Zambrana-Tévar

A short history of universal jurisdiction in Spain Last 20 December, the Spanish Constitutional Court (hereinafter, TC) issued a ruling rejecting an application made by more than fifty Socialist Members of Parliament to strike out a bill introduced by the Conservative Party in 2014. In practice, the aforementioned bill put an end to…

The Road Less Traveled: How Corporate Directors Could be Held Individually Liable in Sweden for Corporate Atrocity Crimes Abroad

November 13, 2018

Miriam Ingeson

Alexandra Lily Kather

On 18 October 2018, the Swedish Government authorized the Swedish Prosecution Authority to proceed to prosecution in a case regarding activities of two corporate directors within Swedish oil company Lundin Oil, and later within Lundin Petroleum, in Sudan (now South Sudan) between 1998 and 2003. The company’s chief executive and chairman could be charged with aiding and…

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Universal Jurisdiction or Regional Lawfare

June 1, 2016

Toma Galli

This article reflects on Relja Radović’s article “A Comment on Croatia’s Concerns over Serbia’s So-Called “Mini-Hague”. The major point of contention As a major point of contention between Croatia and Serbia in the current “jurisdictional debate”, Radović rightly pinpoints Article 3 of the Law on the Organization and Competence of State Authorities…

Kiobel: The US steals the headlines in first round of supplemental briefs on universal civil jurisdiction under the Alien Tort Statute

June 26, 2012

Barrie Sander

In an earlier post, I considered the US Supreme Court’s re-argument order in the case of Kiobel v Royal Dutch Petroleum (“Kiobel”). The order concerned whether US federal courts may rely on the Alien Tort Statute (“ATS”) to exercise jurisdiction over human rights abuses which have no connection to the US, i.e. abuses committed by non-US…

Kenya Invades Somalia Invoking the Right of Self-Defence

October 18, 2011

Vidan Hadzi-Vidanovic

Vidan Hadzi-Vidanovic is a doctoral candidate at the University of Nottingham School of Law. At a press conference held in Nairobi on 15 October 2011, the Kenyan ministers of defence and interior announced that Kenyan security forces will engage in military operations against the Al-Shabaab militants in Somali territory. They invoked Article 51 of the UN Charter as a…

Piracy off Somalia: a sketch of the legal framework

April 20, 2009

Douglas Guilfoyle

Dr Douglas Guilfoyle is a Lecturer in Law at University College London. His research has focussed on the law of the sea and international and transanational criminal law. He is the author of ‘Piracy Off Somalia: UN Security Council Resolution 1816 and IMO Regional Counter-Piracy Efforts’ (2008) 57 International and Comparative Law Quarterly 690-699. His book Shipping Interdiction…