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Is the International Criminal Court destined to pick fights with non-state parties?

There have been reports of a communication to the International Criminal Court alleging that the treatment of Uighurs in Xinjiang by Chinese authorities constitute international crimes within the Court’s jurisdiction. The jurisdictional basis of the claim is that China’s conduct involved forced deportations to Cambodia and Tajikistan, which are parties to the statute even though China is not. This obviously relies on the finding in the situation in Bangladesh/Myanmar (concerning the forced deportation of Rohingya out of Myanmar) that the court may take jurisdiction over certain cross-border offences where one of the states involved is a party to the Statute. While most such communications go nowhere (and I offer no comment on this one), it raises again to my mind the question of whether the ICC was almost designed to become embroiled in such conflicts with non-parties. That states may delegate jurisdiction over offences committed on their territory to an international court is uncontroversial. The extent to which the conferral of objective territorial jurisdiction on the ICC has set the stage for…

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COVID-19, China and International Aviation Law: A ticket to The Hague?

Since COVID-19 developed into a global crisis, scholars have argued about the possibility of suing China for its role in the spread of the pandemic (see e.g. here). On the international level, scholars have identified several legal bases on which to pursue claims, most notably Arts. 6 and 7 of the WHO’s International Health Regulations (IHR)…

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Announcements: CfH Oxford International Organizations; PluriCourts Research Fellowship; International Nuremberg Principles Academy Vacancy; UN Audiovisual Library of International Law

1. Call for Headnotes: Oxford International Organizations. Oxford International Organizations are issuing a call for new OXIO headnotes on international institutional practice (including but not limited to that of the World Health Organization) regarding the COVID-19 pandemic. Details on how to contribute can be found here. 2. The International Nuremberg Principles…

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Attribution, Jurisdiction, Discrimination, Decapitation: A Comment on Makuchyan and Minasyan v. Azerbaijan and Hungary

You know how, every once in a while, you read a case that has everything? I mean really everything? Great facts. Grisly facts even, for those so inclined – say involving a beheading by a state agent. Great law. Not just some genuine legal innovation worthy of scholarly commentary – that’s fine obviously, but not all that uncommon.

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Jones v UK: On analogies and inconsistencies in the application of immunity rules

Micaela Frulli is Associate Professor of Public International Law at the University of Florence, Italy. As Philippa Webb and Lorna McGregor have already outlined in their EJIL Talk! Posts, the ECtHR in Jones and Others v the United Kingdom  seems…

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German International Law Scholarship and the Postcolonial Turn

International law scholarship from the German-speaking world has an impressive and much-invoked theoretical tradition. Nineteenth century German positivism centring on the will of the state as the formal basis of law (Jellinek and Triepel) made a lasting impression on modern Western international law scholarship and also induced two…

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Unconstitutional and Invalid: South Africa’s Withdrawal from the ICC Barred (For Now)

On 22 February 2017, the South African High Court handed down a significant decision invalidating South Africa’s notice of withdrawal from the International Criminal Court (ICC). The case was brought by the official opposition party, the Democratic Alliance, and joined by a number of civil society actors.

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Strasbourg Censures Georgia over Detention of Former Prime Minister – the impact of an Article 18 violation

In December 2013, former Georgian Prime Minister Vano Merabishvili was hauled out of his Tbilisi prison cell in the middle of the night, and, with his head covered, was driven to an unknown destination. On arrival, he found himself before the Chief Public Prosecutor and the head of…

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Transnational Dialogue on International Law and Armed Conflict: Ken Watkin on the Overlap between IHL and IHRL

The latest post in the joint blog series on International Law and Armed Conflict was posted yesterday on Intercross (the blog of the ICRC). The post is by Brigadier…

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The Diversity Deficit in Investment Arbitration

Editors’ Note:  This is the latest post in our ongoing series of posts (see introduction here, first post on costs here, second post on duration of proceedings here) from individual members of the Academic Forum of the UNCITRAL…

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