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Recovering Assets at an International Anti-Corruption Court: Cautionary Tales from Rome, The Hague, and the Field
In: (2023) 2(1) Transnational Criminal Law Review (Forthcoming)
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Jelisić Revisited: 'No Case to Answer' at the Special Tribunal for Lebanon
In: André Klip and Steven Freeland (eds), Annotated Leading Cases of International Criminal Tribunals Volume 74: Special Tribunal for Lebanon 2014-2018 (Intersentia) (forthcoming).
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Another Hole in the Wall? Evaluating the Legality of Egypt's 2017 Airstrikes Against Non-State Targets in Libya Under the Jus ad Bellum
In: Netherlands international law review: NILR ; international law - conflict of laws, Band 69, Heft 1, S. 83-114
ISSN: 1741-6191
AbstractIn May 2017, the Egyptian armed forces conducted airstrikes against non-State targets in the neighbouring State of Libya in response to a series of attacks perpetrated against groups of Coptic Christians on Egyptian territory, killings later claimed by the self-styled Islamic State. In justifying its use of armed force, resort to which is generally impermissible in international law, Egypt purports to rely upon two exceptions to this general rule, namely: (i) authorisation on the part of the United Nations Security Council; and (ii) self-defence, while also invoking the doctrine of military assistance on request (or intervention by invitation). This article tests the legality of Egypt's airstrikes—which have yet to be subjected to scholarly attention—in light of the three foregoing justifications. In so doing, the article evaluates the implications of this use of force for the jus ad bellum, particularly the law regulating resort to force by way of response to an armed attack for which not another State, but a non-State actor, is responsible.
Another Hole in the Wall? Evaluating the Legality of Egypt's 2017 Airstrikes Against Non‑State Targets in Libya Under the Jus ad Bellum
In: (2022) 69(1) Netherlands International Law Review 83-114
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Distilling the Aims of International(ized) Criminal Tribunals' Asset Freezing Powers through the Crucible of Prosecutor v Félicien Kabuga
In: (2021) 5 PKI Global Justice Journal 38
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Asset Freezing at the European and Inter-American Courts of Human Rights: Lessons for the International Criminal Court, the United Nations Security Council and States
In: Human rights law review, Band 20, Heft 3, S. 502-525
ISSN: 1744-1021
Abstract
This article examines the human rights implications of the asset freezing processes available to the International Criminal Court and the United Nations Security Council. It does so through the lens of the case law of the European Court of Human Rights and the Inter-American Court of Human Rights, from whose jurisprudence, although not uniform, a number of principles can be distilled. By scrutinising a series of cases decided under the European Convention on Human Rights and American Convention on Human Rights, respectively, the article demonstrates that the rights to the peaceful enjoyment of property and to respect for one's private and family life, home and correspondence are necessarily implicated by the execution of asset freezing measures in criminal and administrative contexts. The article concludes that, considering the human rights constraints placed on the exercise of their powers, both the International Criminal Court and United Nations Security Council, as well as States acting at their request, must pay attention to this case law with a view to respecting the human rights of those to whom asset freezing measures are applied.
Coexistent but Uncoordinated: Asset Freezing Measures at the International Criminal Court and the UN Security Council
In: (2020) 20(6) International Criminal Law Review 983-1025
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Managing Frozen Assets at the International Criminal Court: The Fallout of the Bemba Acquittal
In: (2020) 18(3) Journal of International Criminal Justice 765-790
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Twenty Years of the Rome Statute of the International Criminal Court: Appraising the State of National Implementing Legislation in Asia
In: (2019) 18(2) Chinese Journal of International Law 353-392
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Asset Freezing at the European and Inter-American Courts of Human Rights: Lessons for the International Criminal Court, the United Nations Security Council and States
In: (2020) 20(3) Human Rights Law Review 502-525
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Asset Recovery at International(ised) Criminal Tribunals: Fines, Forfeiture, and Orders for Reparations
In: Nina HB Jørgensen (ed), The International Criminal Responsibility of War's Funders and Profiteers (Cambridge University Press 2020) 455-480
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Victims' Justice? Reparations and Asset Forfeiture at the Extraordinary African Chambers
In: (2019) 63(2) Journal of African Law 151-161
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Pre-trial 'Protective Measures for the Purpose of Forfeiture' at the International Criminal Court: Safeguarding and Balancing Competing Rights and Interests
In: (2019) 32(3) Leiden Journal of International Law 585-602
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'Effective Control', State Cooperation, and Declarations under Article 12 (3) of the Rome Statute of the International Criminal Court
In: Liu Daqun, Suzannah Linton and Zhu Lijiang (eds), East-West Perspectives on International Law: A Selection of Papers from Conferences in Beijing and Hangzhou (2015-2017) (China University of Political Science and Law Press 2019) 453-475
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