Search Results for: 2002-12-13

The current conflict engulfing Israel and Palestine raises significant issues of international law and policy. This is part one in an anticipated two-part series that will discuss some of the relevant legal questions before the International Criminal Court (ICC; Part I) and the International Court of Justice (ICJ; Part II).  With both courts located in [...]

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Through 2023, tensions in the South China Sea between China and the Philippines have escalated, marked by such significant escalations as the removal of a floating barrier by the Philippines near the Scarborough Shoal and the deployment of its Coast Guard amid increased activity by the Chinese Maritime Militia (CMM) near Julian Felipe Reef (or [...]

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“For by wise counsel, thou shalt make thy war.” Proverbs 24:6 Though one might think otherwise, there is no Palestinian state at present, nor has there ever been such a state in the past. Still, once the current Gaza War comes to an end – and whatever the tangible correlates of any war termination agreements [...]

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Switzerland’s Office of the Attorney General (OAG) announced Tuesday that it has formally charged former Algerian defense minister Khaled Nezzar in relation to war crimes and crimes against humanity allegedly committed during the Algerian Civil War. In the indictment submitted to Switzerland’s Federal Criminal Court (FCC), prosecutors said “Nezzar is accused of violating the laws [...]

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The European Court of Human Rights (ECHR) ruled on Tuesday that Bosnia and Herzegovina’s political system produces undemocratic elections and amplifies ethnic divisions, as the country’s dominant ethnic groups—Bosniacs, Croats, and Serbs—enjoy privileges denied to other ethnic groups. The court held in Kovačević v Bosnia and Herzegovina that Bosnia and Herzegovina had breached Article 1 of [...]

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Access to justice is a foundational principle of the rule of law and is often phrased as requiring “the right of equal access to justice for all” through governments providing “fair, transparent, effective, non-discriminatory and accountable services.” In Australia, this principle was described in Dietrich v. The Queen as “the equal justice for all principle.” [...]

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It’s become increasingly clear that Australia could be in breach of its human rights commitments as reports of mistreatment continue to emerge from youth detention centers in Western Australia. On January 12, a class action involving more than 500 young children and adults who have been held in Western Australia’s Banksia Hill detention center was [...]

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On February 24, 2022, Russia initiated a full-scale invasion of Ukraine. Since then, Russian forces have attacked different parts of Ukraine using both ground troops as well as air strikes. So far, tens of thousands of Ukrainians have died as a result of Russian attacks. By so blatantly attacking Ukraine, another sovereign country, Russia has [...]

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