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The (Non-)Judicialisation of War: German Constitutional Court Judgment on...
Editor’s Note: This is the first of two posts discussing the ‘Rescue Operation Pegasus’ Judgment of the German Federal Constitutional Court. In the middle of the civil war in Libya in 2011 (before the...
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The (Non-)Judicialisation of War: German Constitutional Court Judgment on...
Editor’s Note: This is the second of two posts discussing the ‘Rescue Operation Pegasus’ Judgment of the German Federal Constitutional Court. 4. Assessment The legal reasoning of the German Federal...
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The Use of Force against ISIL in Libya and the Sounds of Silence
As acknowledged by the UN Security Council in Resolution 2249 (2015), ISIL constitutes ‘a global and unprecedented threat to international peace and security’. At least in part, the unprecedented...
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The Legal Protection of Mass Graves
Mass graves have been found all around the world, in Uganda, Burundi, The Philippines, Nepal and India. Yet, there is no definition of the term ‘mass grave’ in international law. Our common...
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Back to Old Tricks? Italian Responsibility for Returning People to Libya
On 10/11 May 2017 various news outlets reported a maritime operation by the Libyan authorities, in coordination with the Italian Search and Rescue Authority, in which 500 individuals were intercepted...
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Repressing Migrant Smuggling by the UN Security Council and EU Naval Military...
On 5 October 2017, the UN Security Council through S/RES/2380 (2017) renewed for the second time the enforcement powers that S/RES/2240 (2015) granted to states in order to fight migrant smuggling and...
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Torture in Libya and Questions of EU Member State Complicity
Amnesty International has reported that ‘tens of thousands’ of refugees and migrants are being subject to torture and other human rights abuses at the hands of Libyan state officials and non-state...
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Time to Investigate European Agents for Crimes against Migrants in Libya
In March 2011, the ICC Office of the Prosecutor of the international criminal court opened its investigation into the situation in Libya, following a referral by the UN Security Council. The...
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The Decentralisation of International Crimes: A shift from the central...
In her statement to the UN Security Council on November 2018, Fatou Bensouda vowed to search ‘outside of Libya’ for accountability of global actors in the migration context. This is one of the many...
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Drowning Migrants in the Mediterranean and the ICCPR, Again
Last week 130 migrants perished off the coast of Libya, as their rubber boat capsized in the stormy Mediterranean. Some 750 migrants have died this year in trying to make the crossing. (See here for...
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