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Showing posts from 2017

Reparations for acts of Non-State Actors under International Law

Armed conflict leads to vast destruction and devastation, the kind of harm that can only be attempted to be corrected but can never actually be fully repaired. When punishing individuals of the grave transgressions as are under the subject matter jurisdiction of the International Criminal Court, it is necessary that the Court decide what function of punishment it wants to pursue - is it deterrence, retribution, punitive, restoration or reparation. While the International Military Tribunals at Nuremberg and Tokyo was largely retributive and there was no mention of victims at all, the International Criminal Tribunals for Yugoslavia and Rwanda acknowledged the purposes of punishment as deterrent and retributive as was illustrated in the case of Prosecutor v. Tadic (Case No. IT-96-21-Y, Judgment, 16 November 1998) and Prosecutor v. Akayesu (Case No. ICTR-96-4-T, Sentence, 2 October 1998), while some have recognized the reconciliation to be a purpose of punishment, Prosecutor v. Furundzij…

India's Role To Create a World Without Nuclear Weapons

[This article is written by our Empaneled Contributor Sarthak Roy] The UNSC (United Nations Security Council) recently passed Resolution 2371 to impose new sanctions on North Korea for its continued intercontinental ballistic missile (ICBM) tests and violations of UN resolutions. While 122 UN member countries are keen on a nuclear weapon free world, the nine nuclear weapon powers along with the 28 NATO nations chose to abstain from the adoption process on a Draft “Treaty on Prohibition of Nuclear Weapons” (TPNW) on 07 July 2017. These countries reasoned that the Draft Treaty will not be able to address threats to the existing international security architecture by flagrant violators of international law. Their reference was primarily to North Korean nuclear weapon capabilities. Senior advocate of Supreme Court of India Harish Salve who represented the country at the ICJ in 2016 against the Marshall Islands justified New Delhi’s refusal to sign the NPT based on “enlightened self-intere…

People of Nowhere: A Look into India's plan to Evict Rohingya Refugees

Who Are the Rohingyas?
The Rohingya people are Muslim Indo-Aryan peoples from the Rakhine State, Myanmar. According to the Rohingyas and some scholars, they are indigenous to Rakhine State, while other historians claim that the group represents a mixture of pre-colonial and colonial immigrations. The official stance of the Myanmar government, however, has been that the Rohingyas are mainly illegal immigrants who migrated into Arakan following Burmese independence in 1948 or after the Bangladesh liberation war in 1971.  Rejected by the country they call home and unwanted by its neighbors, the Rohingya are impoverished, virtually stateless and have been fleeing Myanmar in droves and for decades.

The Begining :
On October 9, 2016, about 400 armed men attacked three Border Guard Posts on Myanmar’s border with Bangladesh in the northwestern state of Rakhine, home to 8,00,000 to 1 million Muslims who call themselves Rohingya. Nine policemen were killed; eight of the attackers lost their live…

Charting the economic and political repercussions of Neymar’s transfer

Last week and half, witnessed the long-drawn Neymar Junior transfer come to its conclusion. Yes, Paris Saint Germain finally got their jackpot, for a fee close to 220 million Euros, which would rise close to half a billion Euros with wages included. By the numbers being thrown around, if Neymar was a country, he would rank 206th in terms of GDP, ahead of Marshall Islands and Palau. In the soap opera that unfolded, Neymar’s record transfer fee from Barcelona was twice as much as the previous world record, set last summer when Paul Pogba joined Manchester United. With Qatar bankrolling PSG with its petrodollars, this post would analyse the economic and political ramifications that has shaken up the world of football in the aftermath of this deal of the century. Amidst all the hysteria surrounding the ‘moral hazards’ of clubs dizzying riches, this transfer has the possibility to recalibrate its intentions and responsibilities towards its supporters. 
Failure of Financial Fair Play
The Fin…

United Nations Conference Adopting Legally Binding Draft Treaty on Prohibition of Nuclear Weapons on 7th July, 2017

By resolution 71/258, the General Assembly had decided to convene in 2017 a United Nations conference to negotiate a legally binding instrument to prohibit nuclear weapons, leading towards their total elimination. The Assembly had encouraged all Member States to participate in the Conference and decided that it shall convene in New York, under the rules of procedure of the General Assembly unless otherwise agreed by the Conference, with the participation and contribution of international organizations and civil society representatives. The Conference was held in New York from 27 to 31 March and from 15 June to 7 July. The Conference also held a one-day organizational session in New York on 16 February 2017.
The decision to convene the Conference followed the recommendation of the open-ended working group on taking forward multilateral disarmament negotiations, convened pursuant to resolution 70/33. The open-ended working group, chaired by Ambassador Thani Thongphakdi (Thailand), speci…

International Court of Justice fixes deadline for filing of the initial pleadings in the Jadhav Case (India v. Pakistan).

By an Order dated 13th June 2017, the President of the International Court of Justice, Ronny Abraham of France,fixed 13th September 2017 and 13th December 2017 as the respective time-limits for the filing of a Memorial by India and a Counter-Memorial by Pakistan. 
The President of the ICJ has invoked the Court's power under Article 44 of the Rules of the Court (1978) to prescribe the time limit.

Read the full Press Release HERE

Read Verbatim Records for Provisional Measures HERE

Read Summary of Oral Arguments for Provisional Measures HERE

Read the Order issued by the ICJ in the Provisional Measures HERE

Dr. Neeru Chadha becomes first Indian women to be elected to ITLOS

Dr. Neeru Chadha, who had graduated from the University of Michigan and the University of Delhi, has been elected as the judge of the International Tribunal for the Law of the Sea (ITLOS) becoming the first Indian woman to be elected to ITLOS. Dr. Chadha had joined the Legal and Treaties Division of the Ministry of External Affairs in 1992.

She was also India’s lead agent for both the case filed by Italy in the International Tribunal for the Law of the Sea and at the arbitral tribunal in The Hague, which involved two Italian Marines who were accused of shooting dead two fishermen off the coast of Kerala in 2012 and in the 2016 case before the International Court of Justice, raised by the Marshall Islands with respect to Nuclear Disarmament. 

Dr. Chadha is also the first woman from India to occupy a top UN position, after Vijaya Lakshmi Pandit, who served as the President of the United Nations General Assembly. 

India's Dr Neeru Chadha records handsome victory. First Indian woman to …

European Commission launches infringement Proceedings launched against Poland, Hungary and Czech Republic for their failure to relocate refugees.

The European Commission has launched legal action against three European Union member states, claiming Poland, Hungary, and the Czech Republic have not “taken the necessary action” in dealing with migrants and refugees. Warsaw, Budapest, and Prague have been accused of not fulfilling their obligations in dealing with migrants and refugees according to a 2015 plan.

The European Commission statement stated; "The pace of relocation has significantly increased in 2017 with almost 10,300 persons relocated since January — a fivefold increase compared to the same period in 2016. As of 9 June, the total number of relocations stands at 20,869 (13,973 from Greece, 6,896 from Italy). With almost all Member States now relocating from Italy and Greece, it is feasible to relocate all those eligible (currently around 11,000 registered in Greece and around 2,000 registered in Italy, with arrivals in 2016 and 2017 still to be registered) by September 2017. In any case, Member States' legal obli…

Use Of Human Shield In Kashmir – A Legal Analysis

A lot has been debated and written about the ‘human shield’ incident that happened on April 9, 2017, in Kashmir’s Budgam district. Farooq Ahmed Dar, a 26-year-old shawl weaver of Chil village in Beerwah sub-district was tied in front of an Army Jeep and allegedly paraded through several villages for nearly five hours.[1] The media, lawyers, politicians and even army officers have stark differences of opinion on the legality of the said incident.[2] Major Leetul Gogoi, who tied the victim on the army jeep was awarded chief of army staff’s Commendation Card for sustained efforts in counter-insurgency operations.[3] This award was given pending proceedings before the court of inquiry into the said incident. On the other hand, the victim, Farooq Ahmed Dar approached the State Human Rights Commission against the reward given to Major Gogoi by the Army and separate petitions were filed before the National Human Rights Commission against the felicitation.[4] It is alleged that the actions of…