Does International Law Permit Deportation With Assurances?

By Shriya Maini*

(This post is second in the series by Shriya where she writes on contemporary issues of international criminal law and human rights.)

I discuss the current law on deportation subject to diplomatic assurances, in the backdrop of the judgement of Othman (Abu Qatada) v. the United Kingdom[1] and conclude that though deportation with assurances (“DWA”) are extremely controversial, particularly since they are not legally binding, they are not always insufficient to meet the receiving state’s obligations: if the assurances cover the prohibited activities, relate to a situation over which the assuring state has control, and come from a reliable source then arguably, the receiving States can rely on it. [2]

Sovereign immunity before the French Supreme Courts

By Jacques Bellezit*

Sovereign immunity from jurisdiction and execution are the corollary of the sovereign equality of United Nations Member States.[1]

Following this, the International customary law principle “par in parem non habet imperium” which means that States and their agents cannot be tried before a foreign court and see any foreign legal decision been executed against them in case of acts implying exercise of State’s authority (acta jure imperii)[2] is of pertinent to our discussion under this topic.

Extending the IHL applicable in IACs to NIACs: Re-examining the Tadić and its aftermath

by Shriya Maini*

(This post is part of a series of posts on contemporary issues of international criminal law and human rights.)

In the decades following the adoption of rights by the Geneva Conventions, there is evidence of an inclination towards the application of the rules and principles regarding International Armed Conflicts (hereinafter “IACs”) to Non International Armed Conflicts (hereinafter “NIACs”). This may be seen in the nascent tendency to either ‘apply, or call for the application of’ IHL in situations of armed conflict, without drawing the distinction as to which ‘type’ of conflict (IAC or NIAC) exists and accordingly, which ‘type’ of law is applicable. Prior to highlighting if, how and why International Tribunals have made the laws of IACs applicable to NIACs, I set out three basic facts to be kept in mind while reading this essay.

Government of India is inviting Proposals for engagement of Law Firms for Investor-State Disputes

By Sarthak Malhotra

The Government of India is inviting foreign and domestic law firms for the purpose of representing it in disputes under the BITs and other investment protection agreements. For this purpose, the firms are requested to submit a technical and financial proposal before 5:00 PM, February 19, 2016.

According to the Request for Proposal Document, the scope of work for such law firms would include advising the Government on legal issues arising out of the arbitration proceedings and prepare strategies in whatever capacity chosen by the Government.

Are Drone Attacks lawful?

By Sakshi Pawar/ Rishika Mendiratta*

The legality of drone attacks has been a hot topic and a subject of countless debates in international law. US has time and again been accused of using the predatory drones to the disadvantage of the other non-state and state thus raising the question of fairness, proportionality of these attacks. The countries which are being subject to the attack have often questioned the ease with which a man sitting on the other side of the globe can destroy several lives without having to face the danger or the repercussions that come with putting your own troops in battle. The victims of such attacks have questioned the morality and cowardice portrayed by the US in deploying such predator drones. It began with the killing of Anwar Al- Awlaki who was a high ranking Taliban militant. He was the first American citizen killed abroad by drones and this sparked outrage and various debates in the past few years and the clash points have been based on two principles, jus in bellum and jus ad bello.

The Role of Non-Governmental Organizations in the Non-International Armed Conflict in Syria and Iraq (Part II)

By Devaditya Chakravarti*

Read Part I here.

V. Why we need to control the NSAGs (Non-State Armed Groups) ?

The world is as of yet a nascent system grappling with war & violence, proliferating terrorism & traumatic inflictions on innocent civilians. International humanitarian law, traceable to the dawn of humanity’s cultural consciousness, has gradually taken shape & gained strength. So, in fact to some extent, with the intervention of various charters of United Nations, there has been an apparent control over the raging war between NSAGs & the State.

Photo: CICR/HEGER, Boris

The controversial question arises who would be the actual body to control or measure the NSAGs. In this question, there has been only avoidance of responsibility among various states. The lethargic & callous attitude towards the role of NSAGs has been proved to be matter of great import.

As we can longer be dependent on state’s role to control the NSAGs, it is about time that the Non-Governmental Organizations should come forward & take this opportunity to prove their social responsibility is much greater than that of “state”.

The Role of Non-Governmental Organizations in the Non-International Armed Conflict in Syria and Iraq (Part I)

 

By Devaditya Chakravarti*

Introduction

In recent months, a good swathe of armed combatants fighting against the supposedly oppressive Assad regime in Syria has matured itself into a fighting force increasingly able to challenge the state’s control of the country and to strike at strategic targets. This has coincided with it unifying under a single command of the Islamic State of Iraq and Syria (hereinafter ISIS) which has very understandably assumed the ability to mount co-ordinated military operations and as a result, has captured vast swathes of lands both in Syria and Iraq. There is credible evidence to suggest that the ISIS has managed to exist under a parallel economy altogether, what with them controlling key oilfields and exporting the produce to nearby countries, like Turkey and other countries in North Africa and the Near East along with having a broad extortion racket. This has positioned the ISIS as the biggest threat to Western states since 9/11, proving itself as a daunting challenge and bringing misery to those under its oppressive rule.

Iraq’s Shi’ite paramilitaries and members of Iraqi security forces hold an Islamist State flag which they pulled down in Nibai, in Anbar province, May 26, 2015. REUTERS/Stringer

The situation caused by the ISIS has proven to be a great legal hurdle for leading academicians and international law experts with respect to use of armed force and devising an appropriate response to such groups. Also, the states fighting the ISIS both from inside the Middle East and from the West treat the ISIS as merely belligerents and are not particularly keen on recognizing them as Non-State Armed Groups, which will be highlighted in greater detail in subsequent paragraphs.

Dealing with Islamism: Fixing the Terror-Sponsoring Elements in the Pakistani State Is Something Britain and America Owe To the World

By Karmanye Thadani

Coming from the Indian nation, a civilization dating to ancient times and today the world’s largest democracy, I write this appeal to the governments and people of Britainand the United States out of concern for the victims and potential victims of jihadist terrorism globally (the victims and potential victims do include even innocent Muslims, and jihadism need not be equated with the Quranic idea of jihad with multiple interpretations, and several liberal Muslim commentators have assertively stated that the doctrine of armed jihad in any context should be discarded as anachronistic by all Muslims, as you can see here, here, here and here, something I wholeheartedly agree with). Just like the Jews and Christians, my Hindu religious grouping too is mentioned as an enemy of Islam by jihadist terrorists and has bled much in attacks by them, while we have also occasionally been misunderstood to be Muslims owing to the brown skin of most of us and we’ve also, therefore, borne the brunt of Islamophobic scorn, which even innocent Muslims mustn’t be subjected to.

WTO20LATAM: Regionalism vs Multilateralism

By Emilio Arteaga*

Recently, the World Trade Organization (WTO) celebrated its 20th anniversary, and several events were held in different places around the globe commemorating this historic event. One of them being a round of conferences held in Cancun, Mexico, from December 2nd to December 4th called “Latin American and the Future of International Trade Law” also known as WTO20LATAM. The event reunited trade lawyers, academics and government officials from Latin America, US, and Europe, as well as five Appellate Body Members. The discussions were of a very high quality, as experts gave powerful insights that were later complemented with the opinions of an appellate body member.