Topic 1

On July 17, 2014, the United Nations International Law Commission (ILC) voted to move the topic of a new treaty on crimes against humanity to its active agenda and appoint Professor Sean Murphy as Special Rapporteur.[1] Over the past two years, the Rapporteur has made significant progress, and the Commission has now approved ten draft articles—four in summer 2015[2] and six additional articles in August 2016.[3] T

Introduction

“Legal professional privilege,” or “attorney-client privilege,” as it is often called in domestic legal systems, includes the right of noninterference in communications between clients and their legal advisers, as well as the right of confidentiality of such communications. They are essential conditions for the legal profession and well-protected principles in national, regional, and international legal orders, which only allow for exceptional restrictions.

On April 17, 2015, the Inter-American Court of Human Rights (IACtHR) rendered its resolution in the monitoring of Chile’s implementation of the reparations ordered in García Lucero v. Chile.[1] The IACtHR had ordered Chile to grant Leopoldo Guillermo García Lucero reparations on August 28, 2013.[2] The Court had found Chile responsible for not investigating the torture of García Lucero.

Introduction

More than ever, the United Nations relies on armed peacekeeping to promote peace and security. Currently, more than 120 member states contribute about 90,000 troops (peacekeepers) on a voluntary basis to fourteen peacekeeping operations around the globe.[1] Unfortunately, some of these troop contributing countries (TCCs) continue to violate their international obligation to hold their peacekeepers accountable whenever they commit crimes against the local population, whom they are supposed to protect.

Introduction

On August 3, 2015, the Assembly of Kosovo amended its Constitution[1] and passed the Law on the Specialist Chambers and the Specialist Prosecutor’s Office (the Law).[2] These two judicial institutions were established within the justice system of Kosovo to investigate, prosecute, and try “international crimes committed during and in the aftermath of the conflict in Kosovo, which relate to those reported in the Council of Europe Parliamentary Assembly Report Doc 12462 of Ja

On December 12, 2014, International Criminal Court (ICC) Prosecutor Fatou Bensouda appeared before the UN Security Council to report on the situation in Darfur. She indicated that she would “hibernate investigative activities in Darfur,”[1] a statement widely reported as a suspension of the Court’s work, and celebrated by Omar Al-Bashir as a victory against the Court.