Cos_s Bazer

A Commentary on the mandate of the Independent Investigative Mechanism for Myanmar

The Human Rights Council resolution 39/2, adopted in September 2018, established “an ongoing independent mechanism to collect, consolidate, preserve and analyze evidence of the most serious international crimes and violations of international law committed in Myanmar since 2011, and to prepare files in order to facilitate and expedite fair and independent criminal proceedings, in accordance with international law standards, in national, regional or international courts or tribunals that have or may in the future have jurisdiction over these crimes, in accordance with international law.”
Two puzzle pieces with the flags of USA and Canada

The United States is not a Safe Third Country?

On October 26, 2020, the Federal Court of Appeal ordered a stay (FCA2020) of the July judgment Canadian Council for Refugees (CCR) v. Canada (Immigration, Refugees and Citizenship) (FC2020) where McDonald J of the Federal Court struck down provisions of the Immigration and Refugee Protection Act (IRPA) and regulations that implemented the “Agreement between the Government of Canada and the Government of the United States of America For Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries” (STCA) under s. 7 of the Charter but suspended her declaration for six months.
The International Criminal Court entrance sign at the ICC building

ICC Moot Court Competition 2020: Mooting Whether Social Media Posts Can Constitute Incitement of Genocide and the Scope of Liability for Social Media Executives

Can posts made on social media amount to incitement of genocide? What is the scope of liability when social media posts have real life consequences? And how does the International Criminal Court (ICC) establish jurisdiction over a crime that occurs in cyberspace?
Exterior of the Special Tribunal for Lebanon in Leidschendam

Does the Special Court for Lebanon have jurisdiction over three attacks “connected” to the Hariri assassination?

Now that the Trial Chamber of the Special Court for Lebanon (STL) has issued its decision in its main case, the Ayyash et al. case about the assassination of Harari in 2005, and while the Trial Chamber is deliberating the sentence for the only person convicted, Salim Jamil Ayyah, attention has turned to the “another” Ayyash case.
The Legal Legacy of the Special Court

An Interview with Charles C. Jalloh on his new book: The Legal Legacy of the Special Court for Sierra Leone (Cambridge University Press, July 2020)

This book examines whether the Special Court for Sierra Leone (SCSL), which was established jointly through an unprecedented bilateral treaty between the United Nations (UN) and Sierra Leone in 2002, has made jurisprudential contributions to the development of the nascent and still unsettled field of international criminal law
View of the Mavi Marmara ship

The Prosecutor and Pre-Trial Chambers lock horns over the Comoros case – again

On September 16, 2020, the Pre-Trial Chamber (PTC) of the International Criminal Court (ICC) released its decision on a judicial review application made by the Union of the Comoros of the Prosecutor’s second reconsideration of her decision not to investigate the referral of the May 31, 2010 Israeli Defence Force (IDF) raid on the Humanitarian Aid Flotilla bound for the Gaza strip.
Exterior of the Special Tribunal for Lebanon in Leidschendam

Special Court for Lebanon Conviction for Terrorism

On August 20, the Trial Chamber of the Special Court of Lebanon (STL) issued a historic judgment in the case of Ayyash (the Prosecutor v. Ayyash, Merhi, Oneissi and Sabra. Of the four people charged with terrorism related offences under the Lebanese Criminal Code for the killing in a bomb attack of Mr. Rafik Hariri, the former prime minister of Lebanon, namely conspiracy to commit a terrorist act by means of an explosive device, committing a terrorist act by means of an explosive device, the intentional homicide of Hariri and of 21 others, the attempted intentional homicide of the 226 people injured in the blast and of being accomplices to these crimes (paragraph 14 of the judgment), only one was convicted, namely Salim Jamil Ayyash (paragraph 6904).
Jalloh the African Court of Justice

A Conversation with Prof. Charles C. Jalloh, Lead Editor of The African Court of Justice and Human and Peoples’ Rights in Context: Development and Challenges (CUP, 2019) edited by Charles C. Jalloh, Kamari M. Clarke and Vincent O. Nmehielle

The treaty creating the African Court of Justice and Human and Peoples’ Rights, which was adopted by all 54 countries that were members of the regional organization known as the African Union in June 2014, is the first international legal instrument that combines in a single court three distinctive jurisdictions over criminal, human rights, and general matters.
Two fists with mans and womans face are collide

An International Human Rights Perspective on Canada’s Response to Gender-Based Violence Against Women during COVID-19

Pandemics amplify and heighten all existing inequalities. As a result, COVID-19 is exacerbating and intensifying existing gendered, political, and social inequities and impacting women differently than men in a variety of ways. For example, women’s and girls’ exposure to the virus is amplified due to social norms and expectations surrounding their care-giving roles that result in elevated exposure to individuals or COVID-19 itself.
Cox's Bazar, Bangladesh

Protecting Human Rights: Situation of Rohingya Refugees in Bangladesh during Covid-19

The outbreak of COVID-19 has created a huge global health crisis that has had a deep impact on the way we see our world and our everyday lives. Especially when most governments across the world enforce lockdowns or other restrictions to suppress the spread of COVID-19, there will be a potential economic crisis worldwide. The case of Bangladesh is no different. There will be a negative impact on Bangladesh’s economy due to COVID-19 without doubt, however, the extent of that negative impact will depend on the duration of the crisis.
Kosovo flag on soldiers arm

Kosovo’s President charged with crimes against humanity and war crimes before Kosovo Specialist Chambers

A late June Press Release from the Specialist Prosecutor’s Office (SPO) announced that the President of Kosovo, Hakim Thaçi and others were charged in April with crimes against humanity and war crimes, including nearly 100 murders, enforced disappearance of persons, persecution and torture within the jurisdiction of the Kosovo Specialist Chambers.
ICC-CPI Fatou Bensouda, prosecutor

Emergency Provisional Arrest at the ICC: A Proposal for Amending the Rome Statute in Cases of Imminent Atrocity

Imagine the following hypothetical: In one of the Rome Statute member States, a rebel group is planning the massacre of an ethnic minority whose people have refused the rebel group access to their land, which has large reserves of precious metals sought by the rebel group to generate revenue.
EOD officials are investigating evidence

The Search for Justice: Military Collection of Evidence on the Battlefield

As we enter into the third decade of this century the quest for international justice has witnessed a number of successes but is also facing a number of challenges. On a positive note States continue to take action to bring perpetrators of horrific crimes to justice including the trial of a former Syrian intelligence officer before a German court for crimes against humanity
Steel grid on the background of the flag

L’affaire Kljajic; les personnes ayant commis des violations de droit pénal international n’ont pas leur place au Canada

Le 30 avril 2020, la Cour fédérale du Canda a rendu son jugement dans l’affaire Kljajic. Les questions en litige étaient de déterminer si M. Kljajic a obtenu sa citoyenneté par fraude, fausse déclaration ou dissimulation intentionnelle de faits essentiels, si en 1992, il détenait un poste de rang supérieur au sein du ministère de l’Intérieur de la Republika Srbpska (RS-MUP) et s’il était complice dans les crimes contre l’humanité commis par ce ministère contre les civils non serbes.
Stock market slump stock chart futuristic

World Trade Organization arbitrator finds that Covid-19 measures justify delay in compliance with WTO obligations

A World Trade Organization (WTO) arbitrator has ruled that Ukraine can have extra time to bring its illegal anti-dumping measures into compliance with WTO obligations because Ukraine’s measures addressing the COVID-19 pandemic may affect the conduct of its anti-dumping investigations (Award of the Arbitrator, Ukraine--Ammonium Nitrate).
The latch on the temporary detention cell in the police Department

Immunity and Impunity: Personal Immunities and the International Criminal Court

There are perhaps few greater challenges to the enduring legitimacy and efficacy of the International Criminal Court (ICC) than the issue of personal immunities. While it is relatively settled law that personal immunity of sitting Heads of State cannot serve as a bar to prosecution by international courts, the question of whether personal immunity can prevent national jurisdictions from enforcing arrest warrants issued by the ICC has divided the international community. The stakes in this dispute are not merely academic: since the ICC lacks an enforcement
protest against anti-abortion law forced by Polish government PIS

The Current Landscape and Future of Polish Reproductive Rights

In spite of increased domestic and international attention to the issue, Poland maintains its restrictive stance on abortion in contrast to its European counterparts which embrace more flexible regimes. Typically, countries with strong Catholic traditions willingly adopt restrictive positions on abortion with Poland being no exception (86 percent of the population identifies as Roman Catholic).
Monument The tragedy of the peoples

Combatting Impunity for Cultural Destruction

Genocide has been called the “crime of all crimes”. It stands at the apex of international criminal law. In its broadest sense, genocide is the attempt to destroy, in whole or in part, a national, ethnical, racial or religious group. While there are various elements to genocide, this article is concerned with destruction. Specifically, whether cultural destruction fits within the Genocide Convention (the “Convention”).