Merkourios

ICC chief prosecuter Luis Moreno-Ocampo has issued warrants for Bosco Ntaganda, known as the 'Terminator', and Sylvestre Mudacumur. The former was already wanted by the ICC, but extra charges have been added. The two guerrilla fighters are accused of crimes against humanity and war crimes including rape and murder of civilians.

The Registrar of the International Criminal Court (ICC) has launched a one-month call for comments on the recent amendments to the Regulations of the Registry. The amendments aim to adapt the identified regulations to the current practice - in particular those pertaining to the detained persons and victims - and would have a strong impact on the judicial proceedings of the Court. The Registry will consider and aim to incorporate all comments received by the end of May 2012 in the final amendments.

The Burundi government states that the content of the organisation's report on the explosion of violence is exagerated. It furthermore states that the violence is caused by armed gangs, and not by government officials.

The UN Committee against Torture has found that Spain violated its obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in its treatment of Senegalese asylum seeker Mr Sonko, who drowned after being forced out of a Spanish Civil Guard vessel.

Responding to coup d'etats in both Mali and Guinea-Bissau, the West African organisation Ecowas will send military personal to both countries. 500 to 600 soldiers will be send to Guinea-Bissau whilst 3,000 troops are ready to leave for Mali to help the transitional government fight off the rebels that occupy the north of the country.

The UN-backed Special Court for Sierra Leone has convicted former Liberian president Charles Taylor. Taylor is the first African head of state to be found guilty by an international tribunal, and the first former head of state convicted by an international court since the Nuremburg military tribunal of Nazis after World War II.

Responding to the continued shelling of the city of Holms and other regions, the UN Security Council has adopted a resolution that allows for monitors to personally scrutinise the situation in the Middle-Eastern country. The resolution was adopted as a result of security forces' breach of the ceasefire which has been in effect since last Tuesday (10 April).Russia had earlier on objected to the US-made draft resolution, but accepted it after diplomats revised the draft. Russia had already vetoed two previous resolutions on the current situation in Syria.

Next week, from 18 to 20 April, the 47 member states of the Council of Europe will convene in Brighton, United Kingdom, for the so-called High Level Conference on the Future of the European Court of Human Rights.The meeting, which is hosted by the UK as the current rotating chair of the Council of Europe, is organised in an attempt to reform the court. These proposed measures include increased state responsibility and improving the procedures for selection of judicial candidates at national level. However, other proposals significantly limit the court in its ability to carry out its original task: the protection of human rights within its member states.

Judgment in the trial of former Liberian President Charles Taylor will take place on 26 April 2012, in accordance with a Scheduling Order issued by Trial Chamber II. Charles Taylor was charged in an 11-count indictment alleging responsibility for war crimes, crimes against humanity, and other serious violations of international humanitarian law committed by rebel forces in Sierra Leone during the country's decade-long civil war. He has pleaded not guilty to all charges. 

British lawmakers and rights activists joined a chorus of protest Monday against plans by the government to give the intelligence and security services the ability to monitor the phone calls, emails, text messages and Internet use of every person in the country.

A recent decision by the Inter-American Court of Human Rights strongly rebuked Chile for ordering Karen Atala, a lesbian mother, to relinquish custody of her three children because of her sexual orientation. The Court upheld the rights to equality and non-discrimination, the right to privacy, the right to protection of honor, as well as the right of children to be heard.

Yesterday, 14 March 2012, the International Criminal Court (ICC) has given its first verdict. Thomas Lubanga, former head of the Congolese rebel group Union of Congolese Patriots (UCP), has been found guilty of conscripting and enlisting child soldiers in the period 2002 - 2003. He was arrested in 2005 and brought before the ICC in 2006.

The Board of Editors of Merkourios, Utrecht Journal of International and European Law, proudly announces its latest issue on International and European Security Law. Issue 74 addresses a wide range of topics within this evolving field of law.

In the first article, Alexander Lott discusses the legality of the Russian intervention in Georgia, focusing on legally contentious issues as contained in the 2008 Tagliavini Report. In the second article, Jing Geng reviews international law pertaining to military activities and Economic Exclusion Zones under the terms of UNCLOS, a discussion guided by the 2009 incident in the South China Sea involving the US Navy surveillance vessel Impeccable.

Complementing the topics addressed in these two articles, this issue of Merkourios contains interviews with Dr. Margriet Drent and Dr. Bibi van Ginkel of the Clingendael Institute, both experts noted for their work on topics related to conflict and security.

In the general section, issue 74 presents an article by Jonte van Essen relating to the implications of the concept of de facto regimes.

Additionally, the issue contains two case notes concerning judgments of the European Court of Human Rights in the cases of Al-Jedda v the United Kingdom and Al-Skeini v the United Kingdom.

The topic of International and European Security Law is framed in close cooperation with the Institute of Public International Law of Utrecht University. On behalf of the Board of Editors of Merkourios, I would especially like to thank Mr. Jonathan Herbach, university lecturer and researcher associated with the Centre of Conflict and Security Law at Utrecht University, for his valuable assistance and his introductory editorial.

On behalf of the Board of Editors: enjoy reading!

Nick Kruijsen

(Editor-in-Chief Merkourios)

On 3 February 2012, the International Court of Justice ruled, in the case Germany v. Italy with Greece intervening (2012), that Italy had been in breach of international law by failing to respect Germany's immunity.  Namely, Italy had allowed civil claims to be brought against Germany which regarded violations of international humanitarian law during WWII. What's more, the Court also ruled that Italy had been in breach of international law by declaring decisions of Greek courts regarding international humanitarian law enforceable in Italy.

Merkourios, Utrecht Journal for International and European Law, is issuing a call for papers to be published in its forthcoming edition on International and European Migration Law. The Board of Editors of Merkourios invites you to submit papers addressing any aspect of migration law from a multilevel approach; for example, freedom of movement within the European Union, status of European citizenship, criminalization of irregular migration, detention, family reunification and rights of children, labour migration, and asylum and refugee law.

The deadline for submissions is 23 April 2012.
Contact Information: merkourios@urios.org

On 23 January 2012, Pre-Trial Chamber II of the International Criminal Court decided to move cases against William Samoei Ruto, Joshua Arap Sang, Francis Muthaura and Uhuru Muigai Kenyatta to trial for crimes against humanity during post-election violence in 2007-2008 in Kenya. Judges declined to confirm charges against Henry Kiprono Kosgey and Mohammed Hussein Ali.

On Wednesday January 25th (7:00 p.m.) Prof. dr. Héctor Olásolo will present his latest book "Essays on International Criminal Justice" at the T.M.C. Asser Instituut in The Hague. The presentation will be followed by a debate on the challenges faced by Pre-Trial Chamber I in the first proceedings ever before the International Criminal Court.

The European Court of Human Rights (ECtHR) held that the radical cleric Abu Qatada, described as "Osama bin Laden's right-hand man in Europe", cannot be sent from the UK back to Jordan while "there remains a real risk that evidence obtained by torture will be used against him". The ECtHR ruled there would be a breach of his Article 6 right to a fair trial "given the real risk of the admission of evidence obtained by torture at his retrial".

President Ali Abdullah Saleh has agreed to stand down in February on condition that he and his family are granted immunity from prosecution. UN human rights chief Navi Pillay said that Yemen must ensure that anyone who committed crimes during the recent  and ongoing anti-government protests will face justice.

David Cameron, UK Prime Minister, exacerbated the European Union's uncertainty when he used his veto to block a new EU treaty to salvage the single currency. European leaders took the decision to continue without the UK to forge an agreement on the future of the Euro. 

Laurent Gbagbo, national of Côte d'Ivoire, arrived on 30 Nov 11 at the International Criminal Court detention centre in the Netherlands. He was surrendered to the ICC by the national authorities of Côte d´Ivoire following a warrant of arrest issued under seal by the judges of the Pre-Trial Chamber III on 23 November 2011.

The Obama administration has announced plans to establish a permanent military presence in Australia, as part of the president's foreign policy shift toward Asia. This policy shift is intended to counterbalance China's growing power, and to reposition the United States as an economic and security leader in the fast-developing Asia-Pacific region. The announcement was met with skepticism from China.

Egypt's first parliamentary elections since former President Mubarak was ousted as president will begin on 28 November, the country's military rulers have announced. The elections for parliament's two chambers will be staggered over several months, with the newly elected houses assembling in March 2012.