How the Supreme Court of India continues to flout the ‘Bail Is Rule, Jail an Exception’ Principle
The Supreme Court of India (SCI) has consistently held the cardinal principle of criminal law that ‘bail is the rule, jail an exception’, even in special statutes such as the...
Reforming Bail Jurisprudence: An Imperative for India
The fundamental objective of judicial administration is to establish uniformity and certainty in the decisions of the court, which fosters legitimacy in the legal system. When persons accused of the...
Plight of the Disappeared – Is the Epidemic of Enforced Disappearances Finally Over?
Imagine being picked up by a group of law enforcement officials in plain clothing and getting thrown in the back of a van. Before you realize what is happening, someone...
Jumping Up From the Doctrine to the Case Law: The Lost Possibility to Apply the Spillover Theory in NIAC by Special Jurisdiction for Peace in Colombia
The Special Jurisdiction for Peace (JEP) made an important decision on April 11 regarding a former FARC-EP combatant called “Chancellor”, implicated in joining the Paraguayan People’s Army (EPP) in the...
Calpurnia’s Dream: the Menace of Mob Lynching in India
The repeated reported incidents of mob lynching in India represent a growing negation of fundamental right to life and liberty encapsulated in Article 21 of the Indian Constitution. This is...
Why the Court got it wrong on Minimum Sentencing on Sexual Offences: Republic v Joshua Gichuki Mwangi
On the 12th July 2024, the Supreme Court of Kenya (SCORK) rendered its decision on an appeal by the Director of Public Prosecutions which challenged the Court of Appeal (CoA)...
Post-Conflict Restorative Justice in the Aftermath of ISIL
After last year’s announcement of the sudden and premature closure of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL (UNITAD), which is scheduled to end...
Responsabilidad Corporativa por Violaciones de Derechos Humanos Internacionales en las Cortes de los Estados Unidos: El Litigio de Chiquita Marcas
El 10 de junio de 2024, el innovador juicio federal estadounidense, Chiquita Marcas Internacional, Inc., Litigio por el Estatuto de Agravio para Extranjeros y Litigio Derivativo de Accionistas, declaró a...
Corporate Accountability for International Human Rights Violations in US Courts: The Chiquita Brands Litigation
On 10 June 2024, the groundbreaking US federal trial, Chiquita Brands International, Inc., Alien Tort Statute and Shareholders Derivative Litigation, found the banana corporation guilty of the deaths of eight...
Supreme Federal Court of Brazil Resumes Discussions on Decriminalisation of Personal Use of Cannabis
In 2006, Brazil implemented a new drug law which continued to criminalise various activities related to illegal drugs, such as buying, possessing, transporting, or cultivating them for personal use. However,...
When I Use a Word, It Means Just What I Want It to Mean: Two Examples of the Separation of Powers Under Threat
The Post Office (Horizon System) Offences Act 2024 quashes hundreds of convictions including those of a factually guilty minority. The Safety of Rwanda (Asylum and Immigration) Act 2024 declares ‘conclusively’...
Mapping the global crackdown on LGBTIQ rights
On 17 May 1990, the World Health Organisation (WHO) removed homosexuality from the International Classification of Diseases (ICD), thereby taking an important first step towards addressing and removing the stigma...
