Search Results for: european court first instance

Dr. Ganna Yudkivska is a force to be reckoned with in the world of international law and human rights. Her impressive career trajectory originated in a newly independent Ukraine and has since spanned continents and venerable institutions. She is a partner at Equity Law Firm, Vice-Chair of the United Nations Working Group on Arbitrary Detention, [...]

The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal (1950) (Principle [...]

As Russia’s invasion of Ukraine bleeds into its third year, JURIST spoke with Anton Korynevych, Ambassador-at-large for Ukraine’s Ministry of Foreign Affairs and an expert in international criminal law. In their discussion, Korynevych and JURIST Interviews Managing Editor James Joseph discussed the imperative of establishing a Special Tribunal for the Crime of Aggression against Ukraine, [...]

Norwegian mass killer Anders Behring Breivik, found guilty of killing 77 people, mainly teenagers, in July 2011, lost his claim Thursday against the state to end his solitary confinement in prison. The trial for Breivik’s suit was held in January against the Norwegian Ministry of Justice over the conditions of his detention. The trial was [...]

On Friday, Jan. 26, a panel of 17 judges of the International Court of Justice (ICJ) delivered its ruling on South Africa’s request for the indication of provisional measures submitted in the landmark case: Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel). Although [...]

The resumption of any kind of negotiations or diplomatic ties with the Taliban should come with principles and conditions. Such conditions should be no less than those enshrined in the fundamental principle of human rights and dignity and expected in a multi-ethnic and democratic country. Afghanistan cannot afford to settle for anything less than the [...]

“So far from it being unjust to punish him, it would be unjust if his wrongs were allowed to go unpunished.” Nuremberg Tribunal (1946) At the beginning of 2024, former President Donald J. Trump’s most conspicuously unsupportable legal claim has been his personal immunity from criminal prosecution. With this claim, Mr. Trump and his lead [...]

The EU’s top court Thursday ruled that a chamber of the Polish Supreme Court, the Extraordinary Review and Public Affairs Chamber, “does not constitute a ‘court or tribunal’ for the purposes of EU law.” The Extraordinary Review Chamber was held to “not have the status of an independent and impartial tribunal” due to the process [...]

On September 18, 2023, Canadian Prime Minister Justin Trudeau made a speech in the parliament of Canada claiming to have “credible information” on the role of “agents” of the government of India in the targeted killing of Canadian citizen Hardeep Singh Nijjar (leader of a Sikh separatist movement in India, whom India claim as a [...]

In response to the October 7, 2023 Hamas attacks against Israeli civilians, Israel mounted Operation Swords of Iron. Although international law allows for certain limited uses of insurgent force, including uses directed toward “self-determination,” these residual allowances do not include any rights of indiscriminate violence or of deliberate attacks on noncombatants. “Revenge,” of course, is [...]