On 24 October 2016, Lord Goldsmith addressed an ACICA audience in Sydney about Brexit and arbitration. He set the Brexit scene: Theresa May is still tight-lipped about the nature of Brexit, following a Brexit campaign characterised by a lack of clarity on what Brexit would actually mean. Uncertainty abounds, except for in one aspect: indications […]
President- elect Donald Trump’s announcement on Tuesday 22 November 2016 that the US will not ratify the Trans-Pacific Partnership Agreement (TPP) is not a surprise. He had stated that he would do as such throughout the presidential campaign, as had his democratic rival, Hillary Clinton. His formal announcement is that the state parties to the […]
Introduction On 4 November 2016, the Paris Agreement came into force, just under a year after it was concluded and signed. Coming into force earlier than expected, the First Meeting of the Parties to the Paris Agreement (“CMA1”) has been hastily organised to coincide with the twenty-second session of the Conference of the Parties […]
When we first heard the news of Donald Trump, financial markets initially plunged as expected. However what was remarkable was that upon hearing his surprisingly conciliatory speech, the market then underwent one of the most incredible recoveries in history. Many began to consider the opportunities that a Trump Administration brings, particularly in the legal market. […]
Common Article 2 as a paradigmatically challenging threshold for the application of IHL – Rob McLaughlin
By Editors in Analysis, Articles, Opinion Tags: cross-border, Geneva Conventions, ICJ, International Committee of the Red Cross, international court of justice, international humanitarian law, territorial sovereignty
Our blog mini-series, co-hosted with the ICRC, wraps up with a post by Associate Professor Rob McLaughlin, Co-Director of the ANU Centre for Military and Security Law. Dr McLaughlin shares his reflections on common article 2 and the important question of when IHL must be applied.
In this second instalment of the mini-series on the ICRC’s Updated Geneva Convention Commentaries, John Reid, Head of the Office of International Law at the Commonwealth Attorney-General’s Department, highlights the importance of State practice in understanding the common article 1 obligation to respect and ensure respect for IHL.
Common Article 1: A Lynchpin in the System to Ensure Respect for International Humanitarian Law – Jean-Marie Henckaerts
In March, the ICRC released an updated Commentary on the First Geneva Convention of 1949. This is the first instalment of six new commentaries aimed at bringing the interpretation of the Geneva Conventions and their Additional Protocols of 1977 to the 21st century. In this blog mini-series co-hosted with the ICRC, three authors will share […]
The Beginning of the End? South Africa, Burundi and the Gambia Announce Their Exit from the ICC – Nandini Bajaj
The three ongoing trials before the International Criminal Court (ICC) concern individuals from the Côte d’Ivoire, the Central African Republic, and the Democratic Republic of the Congo.
“[D]estroying the mausoleums, to which the people of Timbuktu had an emotional attachment, was a war activity aimed at breaking the soul of the people of Timbuktu.” – (Witness P-431)
Last year, the United Nations Special Rapporteur on Torture found that Australia’s offshore processing system of asylum seekers violates the international convention prohibiting torture.