The Karadzic Case: Fair Trial or Show Trial?
Radovan Karadzic, the former President of the Bosnian Serb Republic, finds himself on trial at an international tribunal established to prosecute him. His legal defense, Peter Robinson, asks whether it is a fair trial or show trial.
Humanitarian Intervention: A Legal Analysis
The fact is that humanitarian intervention is here to stay. Instead of trying to get rid of it there is more prudence in allowing the lesser evil of a streamlined and legally-regulated form of humanitarian intervention to continue.
The ICTY and the Challenges of Reconciliation in the Former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia (ICTY) has issued 161 indictments since its establishment in 1993. But has it had a positive impact on peace and reconciliation?
Intervention in the Internal Affairs of States
The moral imperative to intervene in a nation’s internal affairs where acts of genocide are threatened is a powerful one. That the UN is eager to push the doctrine of R2P and to re-define sovereignty to permit intervention in a state’s internal affairs is testimony to the fact that the Charter does not provide that legal authority. It should.
Where Does Article 38 Stand Today?
Although Article 38 has helped define international law as a discipline distinct from politics and international relations, it has fallen short of seeing the process through. As dynamic as society is, law needs to be one step ahead to ensure that there is a means to keep actions and omissions in check.
Leal’s Execution was Legal (Sort Of), But That Doesn’t Make it Right
The international community watched with muted anger Friday afternoon as Texas executed Mexican national Humberto Leal Garcia after the Supreme Court refused to stay his sentence. Little doubt remains that in doing so, the United States violated the 1963 Vienna Convention on Consular Relations, and this is not the first such occurrence.
The Limits and Pitfalls of the International Criminal Court in Africa
While we should scrutinise the ICC’s work in Africa, it is important to recognise that international justice is not the only possible response to atrocity. National and local processes are proving to be vital tools of justice, truth and reconciliation across Africa, more profound and lasting than the prosecution of suspects in The Hague.
State Security v Human Rights: Finding a Proportionate Balance
The threat posed by extreme terrorism to the United Kingdom is both serious and ongoing, specifically since the catastrophic events 9/11 and 7/7. Security and liberty are both essential to modern democracy, but they do not hold equal value. Thus, security should be given greater weight than liberty in order to secure the state and prevent future terrorist attacks.
The ICJ and Kosovo’s Declaration of Independence: Anything Resolved?
I always tell my students, when sitting an exam, that they have to answer the question that has been set rather than one that they feel comfortable with. No analogy is ever perfect, but this one sums up pretty neatly the outcome of the deliberations by the International Court of Justice (ICJ).
Collateral Damages of Smart Sanctions on Iran
The prospects for democracy, socio-economic development and conflict resolution will be suffering if the West continues to rely on punitive measures. Despite all frivolous claims, the diplomatic route has not been exhausted. Indeed, we are far from it. Since the core problem remains the “security dilemma” in the region, it would be wise for the West to call upon Israel to join the Nuclear Non-Proliferation Treaty
