Tag: International Law

International Criminal Law, International Law

UNSC Referrals at ICC: An Unnecessary Evil and the Problem of Impunity

In this article the author argues that UNSC referrals to the ICC perpetuate selective impunity and undermine the ICC’s legitimacy by allowing permanent UNSC members (USA, Russia, China) to shield themselves and their allies from prosecution. This selective application of justice creates a perception of bias and unequal treatment, particularly affecting African nations and leading to increased state withdrawals from the Rome Statute. To address this legitimacy deficit, the article proposes granting universal jurisdiction to the ICC, ensuring that anyone committing atrocities can be prosecuted regardless of their state’s party status, thereby promoting a more egalitarian and credible international justice system. Continue reading UNSC Referrals at ICC: An Unnecessary Evil and the Problem of Impunity

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International Law

Critical Analysis of Corporate Liability under International Humanitarian Law

In this article, author Sanjana Mishra deals with the interplay between the corporations and their role in compliance with the International Humanitarian Law. Corporations in recent times have become a key geopolitical player in all arenas including armed conflicts. The author also deals with the jurisprudence of modern corporate structure and the laws drafted to address the state’s obligations to address the corporation’s liability and duties. The article also talks about various issues that IHL faces in holding corporations accountable such as the narrow scope of International Criminal Law and International Human Rights law, the restrictive nature of state responsibility doctrine, and the varying nature of the role of Corporates resulting in consequences that may breach IHL obligations. Continue reading Critical Analysis of Corporate Liability under International Humanitarian Law

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Criminal Law, Human Rights

Women of Manipur- The Collateral Damage.

In this article the author delves into the problem of sexual violence targeting women in areas affected by conflict, with a particular focus on the recent communal violence in Manipur. It underscores the widespread occurrence of various forms of violence against women, including abuse and rape, during times of armed conflict. The article advocates for the creation of a legal framework to acknowledge, confront, and deliver justice to female victims of sexual violence in conflict scenarios, as existing laws and international initiatives have fallen short in safeguarding these victims. Additionally, it explores the global perspective and suggests modifications to legislation and enhanced mechanisms to tackle this problem within India. Continue reading Women of Manipur- The Collateral Damage.

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Arbitration, Contract, Contract Law, Posts

 Applicability of Res Judicata and Lis Pendens in the Self-Contained Investor-State Arbitration Regime

In this post, the author highlights how the concept of parallel proceedings is a serious problem in the arbitration for a as it leads to inconsistent arbitral awards by different tribunals adjudicated on the same set of facts. The author critically analyses the application of legal doctrines of Res Judicata and Lis Pendens in parallel investor-state treaty arbitrations. They further explore the problem and discuss how parallel proceedings can be prevented in order to avoid the multiplicity of different awards. Lastly, they provide possible or alternate solutions to the above discussed problem to avoid the cost and multiplicity of proceedings. Continue reading  Applicability of Res Judicata and Lis Pendens in the Self-Contained Investor-State Arbitration Regime

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Foreign Law, Human Rights, International Law

Examining the Humanitarian Intervention Doctrine in International Law Through the Prism of 2021 Afghanistan Crisis

In this post, the author evaluates the Doctrine of Humanitarian Intervention through the prism of the 2021 intervention of Afghanistan by the Taliban. The author further analyses the extent to which other States can aid Afghanistan in this crisis and the extent to which use of force is allowed in such circumstances. Continue reading Examining the Humanitarian Intervention Doctrine in International Law Through the Prism of 2021 Afghanistan Crisis

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Posts

The Downing of Flight PS752: Mistake of Fact and Self-Defence in International Law

In this post, in the background of downing of flight PS752, the authors analyse the right of self-defence under Article 51 of the UN Charter and determine whether Iran could take recourse to it without admitting to its mistake of fact. They also analyse the state practice on use of force in self-defence due to a mistake of fact. The article further explores whether state responsibility should be subjected to an objective or subjective standard under such circumstances. Finally, the authors look at Iran’s jus ad bellum obligations in light of the investigation report by the UN Special Rapporteur and suggest a strict liability rule for determining state responsibility under such circumstances. Continue reading The Downing of Flight PS752: Mistake of Fact and Self-Defence in International Law

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Constitutional Law, Criminal Law, Foreign Law, Human Rights, International Law, Posts

Ghana’s Homophobic and Heteronormative Colonial Laws: An International Law Perspective

In this post, the authors delve into the veracity behind Ghana’s legal regime on LGBTQ+ rights. They attempt to do this by scrutinising its legal framework, the influence of its socio-religious fabric on the same, and its international legal obligations. The authors argue that LGBTQ+ rights, as opposed to ‘special rights’, are inherently embedded in the body of international human rights. Further, they argue that there is ample room in the Ghanaian Constitution to honour and import the construction of ‘sex’ and ‘gender’ to include sexual orientation and gender identity as per the international standards. Continue reading Ghana’s Homophobic and Heteronormative Colonial Laws: An International Law Perspective

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