Die erste Gesamtdarstellung des Völkerstrafrechts in deutscher Sprache liegt nunmehr in komplett überarbeiteter und aktualisierter Fassung vor. Behandelt werden die Grundlagen und der Allgemeine Teil des Völkerstrafrechts sowie die einzelnen Völkerrechtsverbrechen, nämlich Völkermord, Verbrechen gegen die Menschlichkeit, Kriegsverbrechen und das Verbrechen der Aggression. Internationale Rechtsprechung und Schrifttum sind auf aktuellem Stand berücksichtigt. Einbezogen sind die neuesten Entwicklungen des Völkerstrafrechts, insbesondere die erste Verfahrenspraxis des Internationalen Strafgerichtshofes, die Errichtung hybrider Strafgerichte und die Implementierung des Völkerstrafrechts in staatlichen Strafrechtsordnungen.
Saturday, November 24, 2007
November 19, 2007 - RECOMMENDING 13 MORE TEXTS, SIXTH COMMITTEE ASKS GENERAL ASSEMBLY TO STRONGLY URGE STATES TO PUNISH UNITED NATIONS OFFICIALS, EXPERTS FOR CRIMES COMMITTED ON MISSION
November 12, 2007 - LEGAL COMMITTEE RECOMMENDS ASSEMBLY TO ASK UNITED STATES, HOST COUNTRY, TO CONTINUE MEASURES TO AID FUNCTIONING OF UNITED NATIONS MISSIONS
Friday, November 23, 2007
The Annotated Digest of the International Criminal Court (2004-2006) is the first volume of an annual or biennial series, depending on the volume of decisions issued. It compiles a selection of the most significant legal findings contained in the public decisions rendered by the International Criminal Court since its first decisions in July 2004 until 31 December 2006. More than 230 decisions have been reviewed for the preparation of the present volume.
Originally published in 1999, this A-to-Z guidebook of wartime atrocities has received worldwide acclaim and has been translated into eleven languages. Now substantially updated, with sixteen new entries, this concise guide to the broken rules of war remains unique and essential. More than 140 distinguished experts from the media, military, law, and human rights groups examine recent conflicts in light of international humanitarian law, including: Afghanistan (Patricia Gossman), the Congo (Gerard Prunier), terrorism (Anthony Dworkin), Guantánamo (Mark Huband), Darfur (John Prendergast and Colin Thomas-Jensen), occupation (George Packer), independent contractors (Peter Singer), war and insurgency (John Burns), and detention and interrogation (Dana Priest). Christiane Amanpour writes on Bosnian paramilitaries, Jeremy Bowen on Chechnya, and Gwynne Roberts on Saddam Hussein. Through case studies, definitions of key terms, and explanations of what is legal and what is not - illuminated by 150 stunning duotone photographs - Crimes of War reveals what every citizen should know about war and the law.
- Mohammed Saif-Alden Wattad, Revisiting Plessy & Brown - 'Dignity' A Recipe for Humiliation: Why 'Separate But Equal' Cannot Be Equal? A Theory of Legal Thinking
- G.S. Sachdeva, Challenges in Air Law
- Manoj Kumar Sinha, Respect of Human Rights in Time of State of Emergency: International and National Perspectives
- L.O. Taiwo, The Imperatives of Reforming the United Nations Security Council in the Post Cold War Era
- Syed Jafar Alam, Towards a New Discourse: Human Rights in Islam and Vice Versa
The current system of international and financial institutions is proving inadequate to meet many of today's most important challenges, such as terrorism, poverty, nuclear proliferation, financial integration, and climate change. The International Monetary Fund, World Bank, and United Nations were founded at the end of World War II, and their structures of voting and representation have become obsolete - they do not reflect today's balance of economic and political power.
Reform of these international institutions is critically important but is currently in stalemate. A new push is needed from the leaders of major countries, acting together through a reformed G-8 that includes emerging market economies such as China, India, Brazil, and others. Moreover, since global challenges are interrelated, they demand integrated approaches, with greater coordination among international institutions. Editors Colin Bradford and Johannes Linn argue that without reconstituting the G-8 summit into a larger, more representative group of leaders, with a new mandate to provide strategic guidance to the system of international institutions, the world will fall further behind in addressing global challenges. The path to global reform is defined by the need to act in connected, congruent, and combined ways on summit reform and international institutional reform if either is to increase the capacity to meet those challenges.
- How have legal and moral standards pertaining to Prisoners of War and detainees evolved over time, and under what circumstances have they changed?
- What are the specific challenges to the Geneva Conventions in contemporary conflicts?
- What legal, moral and institutional solutions can be found?
- Symposium: Genocide, Human Rights and the ICJ
- Stephan Wittich, Permissible Derogation from Mandatory Rules? The Problem of Party Status in the Genocide Case
- Claus Kreß, The International Court of Justice and the Elements of the Crime of Genocide
- Paola Gaeta, On What Conditions Can a State Be Held Responsible for Genocide?
- Antonio Cassese, The Nicaragua and Tadić Tests Revisited in Light of the ICJ Judgment on Genocide in Bosnia
- Marko Milanovic, State Responsibility for Genocide: A Follow-Up
- Andrea Gattini, Breach of the Obligation to Prevent and Reparation Thereof in the ICJ's Genocide Judgment
- Lorand Bartels, The Trade and Development Policy of the European Union
- Yannick Radi, The Application of the Most-Favoured-Nation Clause to the Dispute Settlement Provisions of Bilateral Investment Treaties: Domesticating the ‘Trojan Horse’
Thursday, November 22, 2007
This article argues that the use of principles in WTO dispute resolution is both necessary and desirable. However, Panels and the Appellate Body (WTO Tribunals) have often ignored principles or not clearly identified the legal basis for their use. This article establishes a framework for the use of principles (in particular principles of WTO law, principles of customary international law, and general principles of law) in WTO dispute settlement. Broadly, WTO Tribunals can use principles drawn from these categories to interpret WTO provisions, based on Article 3.2 of the DSU, and Articles 31 and 32 of the VCLT. This follows most directly from a teleological approach to interpretation, but principles also feature under subjective and textual approaches to interpretation. WTO Tribunals may also use certain principles in a non-interpretative manner. Indeed, this may be necessary, particularly to address procedural issues. Precisely how a principle may be used depends on its type, content and status.
Wednesday, November 21, 2007
In a turnabout of the cynical belief that might makes right, nations now see fit to issue apologies to peoples and countries they have wronged. We live in an age that seeks to establish political truth, perhaps best exemplified by the creation of truth commissions in societies seeking to emerge from dictatorial pasts. The most noteworthy result of these efforts has been the near-universal realization that a society will not be able successfully to pass into the future until it somehow deals with the horrors of its past.
A number of Western states and institutions have sought to come to terms with their relationships to non-Western states and peoples. Powerful actors and institutions are apologizing to the relatively powerless. What do these apologies mean? Are they an indication of a new international order, either politically or as they relate to international law? Or are these apologies fleeting and insignificant? In The Age of Apology twenty-two law, politics, and human rights scholars explore the legal, political, social, historical, moral, religious, and anthropological aspects of Western apologies in an attempt to answer these questions. Conversely, a nonapology might be as important to study, and several chapters discuss the absence or refusal of apology and how this might be interpreted.
- Ed Bates, State Immunity for Torture
- Jérémie Gilbert, Nomadic Territories: A Human Rights Approach to Nomadic Peoples’ Land Rights
- Anastasia Vakulenko, Islamic Dress in Human Rights Jurisprudence: A Critique of Current Trends
- United Nations and Regional Human Rights Systems: Recent Developments
- Stefania Errico, The Draft UN Declaration on the Rights of Indigenous Peoples: An Overview
- Stefania Errico, The UN Declaration on the Rights of Indigenous Peoples is Adopted: An Overview
- Mark Gibney, Genocide and State Responsibility
- Claudia Martin, Catching Up with the Past: Recent Decisions of the Inter-American Court of Human Rights Addressing Gross Human Rights Violations Perpetrated During the 1970–1980s
- Alicia Hinarejos, Recent Human Rights Developments in the EU Courts: The Charter of Fundamental Rights, the European Arrest Warrant and Terror Lists
- Salif Nimaga, An International Conscience Collective? A Durkheimian Analysis of International Criminal Law
- Antonis Antoniadis & Olympia Bekou, The European Union and the International Criminal Court: An Awkward Symbiosis in Interesting Times
- Noelle Quenivet, The Dissonance between the United Nations Zero-Tolerance Policy and the Criminalisation of Sexual Offences on the International Level
- Hitomi Takemura, Big Fish and Small Fish Debate: An Examination of the Prosecutorial Discretion
- Robin Churchill, Dispute Settlement under the UN Convention on the Law of the Sea: Survey for 2006
- W.R. Edeson, An International Legal Extravaganza in the Indian Ocean: Placing the Indian Ocean Tuna Commission outside the Framework of FAO
- P. Bender & G. Lugten, Taxing Illegal Fishing (A Proposal for Using Taxation Law to Reduce Profiteering From IUU Fishing Offences)
- Warwick Gullett & Clive Schofield, Pushing the Limits of the Law of the Sea Convention: Australian and French Cooperative Surveillance and Enforcement in the Southern Ocean
- Sergei Vinogradov, Marine Pollution via Transboundary Watercourses An Interface of the "Shoreline" and "River-Basin" Regimes in the Wider Black Sea Region
- Sarah Dromgoole, United Kingdom: The Marine Historic Environment: Two White Papers and a Black Swan
- David M. Ong, Contemporary Maritime Piracy in Southeast Asia
Tuesday, November 20, 2007
Democratic and autocratic states routinely violate their international agreements protecting human rights. Scholars typically study this phenomenon by focusing on ratification or compliance behavior separately. In our view, these behaviors are inherently linked, and our analysis should address the link explicitly. We consider how domestic judiciaries influence the joint choice to ratify and comply with international human rights regimes. Using data on the ratification status of states under the Convention Against Torture (CAT) and states' torture practices, we find that the joint probability of being ratified under the CAT and violating its terms decreases in the effectiveness of a state's judiciary; and that the joint probability of not being ratified and engaging in behavior proscribed by the CAT increases in the effectiveness of a state's judiciary. The paper suggests that while effective judiciaries offer the promise of an enhanced international human rights law, it is in part a false one. Where judiciaries constrain, states are more likely to avoid these regimes and violate human rights anyway. Where judiciaries do not constrain, states are likely to join and ignore their obligations.
- Michael J. Moser & Yu Jianlong, CIETAC and its Work: An Interview with Vice Chairman Yu Jianlong
- Greame Johnston, Bridging the Gap Between Western and Chinese Arbitration Systems: A Practical Introduction for Businesses
- Peter Yuen, Arbitration Clauses in a Chinese Context
- Mark Lin, Supreme People's Court Rules on PRC Arbitration Issues
- Peter Thorp, The PRC Arbitration Law: Problems and Prospects for Amendment
- Sally A. Harpole, The Combination of Conciliation with Arbitration in the People's Republic of China
- Friven Yeoh, The People's Courts and Arbitration: A Snapshot of Recent Judicial Attitudes on Arbitrability and Enforcement
- Kahtryn Sanger, Beatriz Segorbe, & Jill Niu, Arbitration in Greater China: Hong Kong, Macau and Taiwan
- Andrew Aglionby, Arbitration Outside China: The Alternatives
- Kim M. Rooney, ICSID and BIT Arbitrations and China
Monday, November 19, 2007
- Symposium: Austrian Arbitration and Mediation
- Christoph Liebscher, Introduction
- Stefan Kröll, "First Experiences" with the New Austrian Arbitration Law
- Ali Yesilirmak, Provisional and Protective Measures under Austrian Arbitration Law
- Franz Schwarz, The New Vienna Rules
- Florian Haugeneder, The New Austrian Arbitration Act and the European Convention on International Commercial Arbitration
- Bettina Knötzl, Taking the Best from Mediation: The EC Mediation Directive and the Austrian Mediation Act
Sunday, November 18, 2007
The article examines and compares two recent judgments which provide some of the most valuable examples of the difficulties surrounding the application of international humanitarian law to the phenomenon of terrorism: the Hamdan judgment of the Supreme Court of the United States, and the Targeted Killings judgment of the Supreme Court of Israel. Both judgments deal with the thresholds of applicability of the law of armed conflict, as well as with the concept of unlawful combatancy and the relationship between human rights law and humanitarian law. Both judgments are at times inconsistent and lacking in analysis, with the Hamdan judgment in particular misinterpreting the relevant international authorities, including the Commentaries on the Geneva Conventions. Despite these flaws, or because of them, both of these judgments remain instructive. The purpose of this article is to present the lessons for the future that these two decisions might bring to ongoing debates on the impact of global terrorism on the law of armed conflict.