Suchergebnisse

Difficulties faced by the International Criminal Tribunal for the Former Yugoslavia (ICTFY), established by the UN Security Council in 1993, in prosecuting violations.

A growing international consensus has emerged in the last few decades on the need to prosecute egregious violations of international law. In this regard, the establishment of the International Criminal Court (ICC) is seen as a landmark development in the global protection of international human rights and humanitarian law standards. Since its independence in 1991, Eritrea has experienced heinous violations of international law. The violations amount to international core crimes, as defined by the ICC Statute and customary international law. These include crimes against humanity, war crimes and the crime of aggression. There are consistent reports, as well as documentary and testimonial evidence from reliable sources on this. Accordingly, a number of high-ranking government officials may be reasonably suspected of involvement in the perpetration of international crimes in Eritrea. However, Eritrea is not a state party to the ICC Statute and this means that many of the international crimes perpetrated in the country may not fall under the jurisdiction of the ICC. On the other hand, violations are continuing with impunity, as there are no effective domestic remedies to rectify the problem, giving rise to the need for immediate intervention by the international community. The article discusses the legal implications of the ICC Statute with regard to international crimes committed in Eritrea before and after the coming into effect of the Statute. Drawing on the latest developments of international criminal law, it explores possible options for the prosecution of the main perpetrators of international crimes pursuant to Security Council referral as stipulated under article 13(b) of the ICC Statute.

Chance, Order, Change: The Course of International Law, General Course on Public International Law by J. Crawford The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline. Unresolved, they call into question its status as a discipline. Is international law "law" properly so-called? In what respects is it systematic? Does it — can it — respect the rule of law? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well

1. Explaining compliance with international law -- 2. Rules governing territorial defense : anti-terrorism, anti-piracy, and anti-trafficking -- 3. Rules designed to regulate the market : shipping and airline regulation and CFC control -- 4. Laws on human rights promotion : anti-slavery law and protection of women -- 5. Cross-national analysis of compliance -- 6. Globalized democracies : Peru and Bolivia -- 7. Globalized autocracies : Tunisia and Pakistan -- 8. Isolationist autocracies : Belarus and Equatorial Guinea -- 9. Isolationist democracies : Botswana and Papua New Guinea -- 10. Conclusions.

The international joint commission bas historically possessed the characteristics of an international organization; by reason of the capacities that it exercises, it has a certain measure of international personality; and, consequently, on the municipal plane, it has the capacity to be sued. It is therefore necessary, on the principle of effectiveness, that the Commission and its employees be immune from suit. In the United States, the Commission and its employees were granted immunities in 1948. In Canada, the Commission alone was granted immunities in 1976. It will be argued here that immunities should now also be granted to all commissioners, staff, and experts in Canada, in view of the standing of the Commission as an international organization possessing international personality, with consequences for municipal law.

AbstractQuantitative empirical inquiry in international relations often relies on dyadic data. Standard analytic techniques do not account for the fact that dyads are not generally independent of one another. That is, when dyads share a constituent member (e.g., a common country), they may be statistically dependent, or "clustered." Recent work has developed dyadic clustering robust standard errors (DCRSEs) that account for this dependence. Using these DCRSEs, we reanalyzed all empirical articles published in International Organization between January 2014 and January 2020 that feature dyadic data. We find that published standard errors for key explanatory variables are, on average, approximately half as large as DCRSEs, suggesting that dyadic clustering is leading researchers to severely underestimate uncertainty. However, most (67% of) statistically significant findings remain statistically significant when using DCRSEs. We conclude that accounting for dyadic clustering is both important and feasible, and offer software in R and Stata to facilitate use of DCRSEs in future research.