Analysis

Some comments: the OTP’s finding that there is a ‘reasonable basis to believe’ that Boko Haram has committed crimes against humanity in Nigeria

On Tuesday, there were reports of a ‘leaked report’ from the Office of the Prosecutor of the International Criminal Court containing the OTP’s conclusions on the Nigeria situation. The report in question turned out to be the the OTP’s ‘Report on Preliminary Examination Activities 2012‘ – a public document which is annually published by the OTP. The report provides an insight …

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Guest post by Dan Saxon: “Covering Syria: Ethical and Legal Obligations of Journalists”

It is my great pleasure to introduce Dan Saxon as guest blogger on the site. Dan Saxon is currently a Visiting Professor at the Faculty of Law in the University of Utrecht, where he teaches international criminal law.  Dan served as a prosecutor for 12 years at the United Nations International Criminal Tribunal for the Former …

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Ceasefires and the end of the application of IHL in non-international armed conflicts

Last week, the UN special representative to Syria, Lakhdar Brahimi, attempted to broker a ceasefire for – at least – the duration of the Eid Al-Adha holiday. Although both sides, the Syrian government and the opposition, reportedly agreed to a cease-fire, the fighting did not stop and there were daily reports of attacks from both sides (see, …

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Legal challenge to UK support to US drone programme

An interesting case is being heard in the English courts this week. The claimant is Noor Khan, a Pakistani man whose father was killed by a drone attack in North Waziristan in March 2011. The lawyers for Mr Khan are arguing that the passing of information by British intelligence agency GCHQ to the Americans running the drone operation, …

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Syria and the geographical scope of international humanitarian law: moving towards a localised approach?

Syria and the geographical scope of international humanitarian law: steps towards a localised approach? Between May and July 2012, there were a number of statements from individuals within the International Committee of the Red Cross (ICRC) and Office of the High Commissioner for Human Rights (OHCHR) which seemed to suggest that there was a non-international …

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Mullah Omar urges the Taliban to avoid civilian deaths: a cause to celebrate?

Last Thursday, Mullah Muhammad Omar, the reclusive Afghan Taliban leader, issued a 7-page statement to the Afghan people. Published ahead of the Eid al-Fitr festival, the statement urged Taliban insurgents to avoid civilian losses. Mullah Omar’s statement is the latest in a long succession of ‘instructions’ to Taliban fighters to avoid civilian casualties. In 2006, 2009 and 2010, the Taliban leadership …

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Guest post by Diana Contreras-Garduno: “Passing the buck: the ICC Trial Chamber’s approach in Lubanga Reparations decision”

I am very pleased to introduce Diana Contreras-Garduño from Utrecht University’s Netherlands Institute of Human Rights as the first ‘guest blogger’ on the Armed Groups and International Law blog.   Diana is a colleague of mine at Utrecht University’s Netherlands Institute of Human Rights and is conducting PhD research on the victims’ right to benefit from remedies and reparations …

Guest post by Diana Contreras-Garduno: “Passing the buck: the ICC Trial Chamber’s approach in Lubanga Reparations decision” Read More »

Where next for M23’s Bosco Ntaganda?

Last Friday, the United Nations Office of the High Commissioner for Human Rights (OHCHR) made known its concerns that the M23 rebel group is forcibly recruiting civilians into its ranks. I have posted on this blog before about the continuing impunity of Bosco Ntaganda for his crimes in the East of the Democratic Republic of Congo (here and here). Bosco …

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More on the organisational requirement: Al-Qaida and two new articles dealing with the killing of Osama Bin Laden

This is a short follow up to my earlier post on the organisational requirement of the parties as part of the threshold test for non-international armed conflicts, and at the same time a means to mention two very interesting new articles. This time the post relates to Al-Qaida, another armed group which is reported to …

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Follow-up on the organisational requirement: ICRC statements and conflict qualification

In response to my post earlier today on the organisational requirement applied to the Free Syrian Army, Barrie Sander asked two very relevant questions: (1) Did the ICRC ever release a formal press statement concerning the characterisation of the Syrian conflict as a non-international armed conflict? I’ve been trying to locate one, without much success. …

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