Blog

Constitutionality of India’s Unlawful Activities (Prevention) Amendment Bill, 2019: India’s McCarthyism Moment

Rongeet Poddar - 14th August 2019

In a chilling throwback McCarthyism in the United States, India’s Parliament has passed the Unlawful Activities (Prevention) Amendment Bill, 2019 which will allow the Central government to designate individuals as ‘terrorists’ without the exercise of due process of law. The Bill received the assent of the Upper House of the Indian Parliament, the Rajya Sabha, […]

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The Prospects for the Malaysian Exercise of Universal Jurisdiction over Myanmarese Atrocity Crimes

Jefferi Hamzah Sendut - 31st July 2019

The ‘clearance operations’ commenced in August 2017 against Myanmar’s Rohingya Muslim population by the State’s military, known as the Tatmadaw, were beset with criminality. Investigating the campaign led the UN Independent International Fact-Finding Mission (IIFFM) for Myanmar to recommend the prosecution of Tatmadaw officials for genocide, crimes against humanity and war crimes. As of June […]

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The American drone programme and the responsibility of its partners

Cono Giardullo - 22nd July 2019

Since 2001, the Bush administration has taken the American drone program – to use automated weapons to kill targeted individuals outside of its own territory – to the next level, justifying it on the basis of the global War on Terror. In this context, as Pejic argues, while ‘technology can make it easier for States […]

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Expectations of the Victims of Radovan Karadžić

Richard J. Goldstone and Amanda Hukanović - 30th April 2019

The Appeals Chamber of the International Residual Mechanism for Criminal Tribunals (MICT) recently delivered the long-awaited judgement in the appeal of Prosecutor v. Radovan Karadžić. A trial chamber of the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY) had delivered its judgment on 24 March, 2016. It held that Karadžić, President of the territory known […]

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A Year of Gaza’s Marches of Return: War Crimes and Crimes against Humanity Targeting Protected Groups

Loureen Sayej - 30th March 2019

The independent international commission of inquiry on the protests in the Occupied Palestinian Territory, including East Jerusalem (OPT), recently released its report on possible international crimes committed by Israel within the context of the ‘Great March of Return’. The commission investigated the killing of 189 and maiming of 6000 Palestinians and paid special attention to […]

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State of Palestine takes United States to International Court of Justice over Jerusalem Embassy

Loureen Sayej - 8th November 2018

In its consistent diplomatic and legal attempts to salvage the two-State solution based on international law, the State of Palestine instituted a case against the United States of America before the International Court of Justice (ICJ). Followed by the Convention on the Elimination of All Forms of Racial Discrimination inter-state complaint and the International Criminal […]

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The Prohibition of Torture 70 years after the UDHR

Natasa Mavronicola - 16th October 2018

Article 5 of the Universal Declaration of Human Rights, which is 70 this December, provides in unequivocal terms that ‘No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’. There is a duality to the shall: it carries the stipulation, but also the hope, that no one shall again […]

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Why There is No Right of Return

Alon Harel - 28th June 2018

Previously, on this blog, Ms. Loureen Sayej wrote an interesting article entitled Palestinian Refugees and the Right of Return in International Law, arguing in favor of a right of return of Palestinians. I am of the view that this approach is misguided. In this post I will make two arguments. First I will argue that […]

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