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Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution?

Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution?I intended to write a post explaining why International Monetary Fund (IMF) Managing Director, Dominique Strauss-Kahn (DSK), does not have immunity under the applicable treaties dealing with the immunity of the IMF and its employees. However, Chimene Keitner has beaten me to …

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Waiting for Godot: An Analysis of the ICJ Kosovo Advisory Opinion

Waiting for Godot: An Analysis of the ICJ Kosovo Advisory OpinionDov Jacobs and Yannick Radi are both postdoctoral researchers at the Amsterdam Center of International Law, University of AmsterdamNearly two years after the United Nations General Assembly (UNGA) submitted a request to the International Court of Justice (ICJ) in relation …

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Bin Laden Sons Say U.S. Broke International Law

Bin Laden Sons Say U.S. Broke International LawThe adult sons of Osama bin Laden have lashed out at President Obama over their father’s death, accusing the United States of violating legal principles.By SCOTT SHANEWASHINGTON — The adult sons of Osama bin Laden have lashed out at President Obama in their …

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When to Kill and When to Capture?

When to Kill and When to Capture?My previous post on the Osama bin Laden killing and a number of posts at Opinio Juris have attracted a very productive discussion in the comments, which I would recommend to all readers who haven’t seen it already. The key issue that has emerged …

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Was the Killing of Osama bin Laden Lawful?

Was the Killing of Osama bin Laden Lawful?Yes. I wouldn’t say beyond any doubt, but for practical purposes very nearly so. As I’ve argued before, there are three bodies of law (potentially) relevant for assessing the legality of a targeted killing: the jus ad bellum, IHL, and human rights law.As …

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The International Law Commission Embarks on the Second Reading of Draft Articles on the Responsibility of International Organizations

The International Law Commission Embarks on the Second Reading of Draft Articles on the Responsibility of International OrganizationsJean d’Aspremont and Christiane Ahlborn  are both at the Amsterdam Centre for International LawOn 26 April 2011 the UN International Law Commission (hereafter ILC) began its second reading of the draft Articles on the Responsibility …

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Can the Allies Lawfully Arm the Lybian Rebels?

Can the Allies Lawfully Arm the Lybian Rebels?My friend Claus Kress yesterday brought to my attention a most pertinent legal issue: In Resolution 1970, the UN Security Council imposed an arms embargo on Lybia. The embargo was reaffirmed and strengthened in op. paras. 13-16 of Resolution 1973. The embargo appears …

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What does UN Security Council Resolution 1973 permit?

What does UN Security Council Resolution 1973 permit?I spent much of yesterday conducting interviews with the media about the situation in Libya. One of the questions I was repeatedly asked concerned the scope of the UN Security Council Resolution 1973 which authorises the use of force in Libya.  How far does the resolution …

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Security Council Passes Resolution 1973, Authorizing Use of Force Against Lybia

Security Council Passes Resolution 1973, Authorizing Use of Force Against LybiaThe full text of the resolution is available here. The key provision is op. para. 4:4. Authorizes Member States that have notified the Secretary-General, acting nationally or through regional organizations or arrangements, and acting in cooperation with the Secretary-General, to …

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Full text of resolution 1970 (2011) – Libya

The full text of resolution 1970 (2011) reads as follows: “The Security Council, “Expressing grave concern at the situation in the Libyan Arab Jamahiriya and condemning the violence and use of force against civilians, “Deploring the gross and systematic violation of human rights, including the repression of peaceful demonstrators, expressing …

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In Swift, Decisive Action, Security Council Imposes Tough Measures on Libyan Regime, Adopting Resolution 1970 in Wake of Crackdown on Protesters

In Swift, Decisive Action, Security Council Imposes Tough Measures on Libyan Regime, Adopting Resolution 1970 in Wake of Crackdown on ProtestersSituation Referred to International Criminal Court;Secretary-General Expresses Hope Message ‘Heard and Heeded’ in LibyaDeploring what it called “the gross and systematic violation of human rights” in strife-torn Libya, the Security …

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