Democracy, Governance, and Rule of Law

Australian Court Permits Damages Claim for Torture by former Guantánamo Bay Detainee to Proceed

I. Introduction

Topic: 
Volume: 
14
Issue: 
28
Author: 
Dr. Stephen Tully
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Lawfulness of Kosovo's Declaration of Independence

I. Introduction

Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law? The International Court of Justice (ICJ or Court) answered this question in the affirmative in a groundbreaking decision issued on July 22, 2010. The Court held that the declaration was not prohibited by general international law nor by any specific sources of international law.

Topic: 
Volume: 
14
Issue: 
27
Author: 
Bart M. J. Szewczyk
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The Arrest of ICTR Defense Counsel Peter Erlinder in Rwanda

I. Background

On August 9, 2010, Rwandans voted in national presidential elections. At the time of writing, the incumbent President Paul Kagame is an almost certain victor. International news coverage of the election has been consistent in its reference to a string of violent incidents and arrests, which many observers have sought to qualify as acts of intimidation directed against political opponents in the lead-up to the elections.[1]

Topic: 
Volume: 
14
Issue: 
26
Author: 
Kate Gibson
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ECJ Holds that West Bank Products are Outside Scope of the EU-Israel Association Agreement

Introduction

On February 25, 2010, in its ruling in Brita GmbH v. Hauptzollamt Hamburg-Hafen, the European Court of Justice ("ECJ") ruled on the trade implications of one of the hot-potato issues of international law: the status of the territories occupied by Israel.

Topic: 
Volume: 
14
Issue: 
17
Author: 
Itzchak Kornfeld
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States Parties Approve New Crimes for International Criminal Court

Introduction

Topic: 
Volume: 
14
Issue: 
16
Author: 
David Scheffer
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Samantar v. Yousuf: Foreign Official Immunity Under Common Law

Introduction

The recent Supreme Court decision in Samantar v. Yousuf[1] definitively resolved one major question about the immunities of foreign government officials from civil suits in U.S. courts; at the same time, it left several others wide open. It thereby guaranteed that the source, scope, and certainty of such immunities will continue to be litigated energetically. This Insight explores some of the questions that will likely figure prominently in that litigation.

Topic: 
Volume: 
14
Issue: 
15
Author: 
David P. Stewart
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Organizations of Note: 

The Writ Stops Here: No Habeas for Prisoners Held by U.S. Forces in Afghanistan

Introduction

Topic: 
Volume: 
14
Issue: 
13
Author: 
Faiza Patel
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The First Review Conference of the Rome Statute of the International Criminal Court

Introduction

Topic: 
Volume: 
14
Issue: 
11
Author: 
David Kaye
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The Responsibility to Protect Haiti

Introduction

Topic: 
Volume: 
14
Issue: 
7
Author: 
Linda A. Malone
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The ICC Appeals Chamber Decision on the Warrant of Arrest in Prosecutor v. Bashir

Introduction

Topic: 
Volume: 
14
Issue: 
4
Author: 
Saira Mohamed
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