Analysis

ISIS members detained by Kurdish forces in Syria: Operational and legal challenges

ISIS members detained by Kurdish forces in Syria: operational and legal challenges The Kurdish-led and US-backed Syrian Democratic Forces (SDF) are currently detaining over 3000 ISIS members, including foreign fighters and their families, in detention centers and camps in the North of Syria. Among them are British teenager Shamima Begum and her Dutch husband, Yago …

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Engaging Armed Non-State Actors on the Protection of Health Care: Some Promising Steps

Attacks against health care in armed conflicts represent one of the greatest humanitarian challenges of our days. In a number of ongoing situations, medical workers are kidnapped, injured or killed, medical facilities and transports are bombed, shelled or looted, wounded fighters and patients are often under attacked and fighting takes place within or near health …

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Guest post by Ido Rosenzweig: ICC’s Ntaganda Decision on the Protection of Own Forces from Rape and Sexual Slavery – Much Ado over Something?

We are grateful to Ido Rosenzweig for this guest post on the ICC’s recent decision in the Ntaganda case dealing with the protection of own forces from rape and sexual slavery. Ido Rosenzweig is a research fellow and a PhD candidate at the Hebrew University of Jerusalem’s Faculty of Law; Director of Research (Terrorism, Belligerency & Cyber) …

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Guest Post by Cedric Ryngaert: The Polisario Front Judgment of the EU Court of Justice: a Reset of EU-Morocco Trade Relations in the Offing

Please find below a guest post from Professor Cedric Ryngaert which is cross-posted from the Utrecht University RENFORCE blog. Cedric Ryngaert is professor of public international law and programme leader of the master public international law at Utrecht University. He studied law at Leuven University (2001) and obtained his PhD from the same university in …

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EU, Morocco and the Polisario Front: A Step in the Right Direction?

On 13 September 2016, Advocate General Wathelet published his opinion in a case pending before the European Court of Justice that raises several fundamentally important questions of international law. In the coming months, the Court is set to clarify whether the trade agreements between Morocco and the European Union apply to the Western Sahara. If …

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Guest Post by Lily Rueda Guzman: Catching the Tiger by the Tail: Colombians Vote against Peace Agreement with the FARC-EP but Hope for Peace Remains

Lily Rueda Guzman is a Colombian lawyer who specializes in the interaction between criminal law and human rights in the context of political transitions. She holds an LLM in Human Rights and International Criminal Law from Utrecht University and is Magister from the Universidad Nacional de Colombia. ————————————————————————– The events of the last two weeks in …

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The organisation(al) requirement under IHL and ICL

In the past, Katharine and I have addressed the organisational or organisation requirement that forms part of the (lower) threshold criteria (of intensity and organisation) for the existence of a non-international armed conflict on the blog (see here and here). For the purposes of the International Criminal Court, crimes against humanity also have an organisation …

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Unilateral Declaration by Polisario under API accepted by Swiss Federal Council

On 21 June 2015, the Polisario Front made the following unilateral declaration on behalf of the people of Western Sahara  that it undertook to apply the 1949 Geneva Conventions and Additional Protocol I to the conflict between it and the Kingdom of Morocco. Conformément à l’article 96.3 du Protocole additionnel aux Conventions de Genève du …

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Fine-tuning the ICC’s Reparations Regime: Appeals Chamber Decision on Reparations in Lubanga Case

Many thanks to my SIM colleagues Dr Brianne McGonigle Leyh, Co-Director PILPG-NL, and Julie Fraser, Legal Adviser PILPG-NL for allowing me to reproduce their blog post below on the Appeals Decision on reparations in the Lubanga case. The post was first posted on the Public International Law and Policy Group blog. The Public International Law & Policy …

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Colombian Government and FARC armed group reach a mine clearance agreement

Many thanks to Nicolás Carrillo-Santarelli (PhD, Colombian lawyer and professor of international law at the Autónoma de Madrid University) for this guest post on the recent agreement between the Colombian government and FARC on mine clearance. As revealed by a joint communiqué dated 7th March 2015, available (in Spanish) here, the Government of Colombia and the …

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