Discover and read the best of Twitter Threads about #icj

Most recents (24)

During the reign of #Atal Bihari Vajpayee, a famous company called #Enron planned to set up a factory in Dabol, #Maharashtra!... However, this did not happen due to the opposition of the local people. As a result, Enron was angered by the changing circumstances.
38,000 crore compensation case filed against the Indian govt in the #ICJ.
Vajpayee appointed #HarishSalve and #KulbhushanJadhav as advocates for the #GovtofIndia. But, Do you know who was the lawyer for #Eron? None other than #Chidambaram of congress.
The #Vajpayee government #won the case!...
That is, the verdict came in favor of India. Time has passed!
Later, the Vajpayee government ended and the Congress government was formed!#ManmohanSingh is the Prime Minister. Cabinet Minister #Chidambaram. #Enron #appealed the case.
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From Michael Parenti's "To Kill A Nation," published 20 years ago. Excerpts:

#NATO's war crimes, a great reminder of how the West acts and how it either memory-holes items or completely rewrites history. Starting off with the legal basis, he writes: ImageImageImage
Since diplomacy was virtually blocked and rendered a media item only (see my other thread, linked below), there was no way for #Serbia to avoid a war.

Now, the morality aspect of bombing (mainly) civilians plays out. The "unintended" lie materializes. ImageImage
Back then (we are talking 1999 here), at least some reporters pointed out the aspects of international law and the role of the International Court of Justice (#ICJ) and International Criminal Tribunal (now #ICC) in all of this. The answer is surprising, in some sense. Image
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Some quick observations on the #ICJ's two orders today in the respective #Armenia-#Azerbaijan cases. 🪡1/6
Probably most controversial finding in today's orders is the (thinly reasoned) finding that the interruption of movement along the Lachin Corridor plausibly constitutes violation of #Cerd.
J Yusuf's criticism of shoehorning disputes into Cerd compromissory clause worth a read. 2/
Given the ICJ's finding in 2021 that Azerbaijan's claims relating landmines did not plausibly fall under the Cerd, little surprise that it rejected Azerbaijan's claims this time round. However, a few nuggets in the individual opinions... 3/
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2022 brought new wars and the continuation of old ones. But it also brought some real advances in the protection of civilian rights. Here are ten of the most important, many of which involved efforts from @CeasefireCentre over the last 3 years:
#PoC #IHL #NotATarget S Kivu, DRC/M Lattimer
1. For decades the poor cousin of criminal prosecutions, #reparations awards took centre stage in 2022, incl. a ground-breaking #ICJ judgment in Feb ordering Uganda to pay $325m for armed activities and mass violations on territory of #DRCongo…
2. While the intl community has largely failed to deliver justice to the victims of #ISIS – incl. the #Yazidis – Iraq launched in the Autumn a holistic reparations scheme for Yazidi, Christian, Turkmen and Shabak survivors under the new Yazidi Survivors Law
#YSL #Yazidis #Iraq Nineveh, Iraq/M Lattimer
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#Finland's🇫🇮 and #Estonia's🇪🇪 respective declarations of intervention are now available on the #ICJ's website:……
Observations🪡 #Ukraine #Russia 1/19
Both 🇫🇮🇪🇪 invoke their right of intervention under art 63 and the nature of obligations enshrined in Genocide Convention. 🇪🇪 also invokes J Cançado Trindade's opinion in Whaling case underlying importance of intervention for treaties where collective interests are concerned. 2/ ImageImageImageImage
🇫🇮🇪🇪 also consider capacity to intervene on jurisdictional issues, noting art 63 does not distinguish between different phases. They refer both to Judge Schwebel's opinion in the Nicaragua case and to leading treatises on the subject to justify intervention on such issues. 3/ ImageImageImage
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#Ireland's🇮🇪 declaration of intervention is now available on the #ICJ's website:…
Observations 🪡 #Ukraine #Russia 1/10
Ireland, like almost all the other other interveners, invokes both its right to intervene pursuant to art 63 of the ICJ Statute as well as the nature of the obligations found in the Genocide Convention to justify its intervention. 2/ Image
Ireland (only) invokes two provisions of the Convention as those it seeks to give its construction on: art I (prevention and punishment of genocide) and art IX (compromissory clause). 3/
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#Poland🇵🇱, #Italy🇮🇹 and #Denmark's🇩🇰 respective declarations of intervention are now available on the #ICJ's website:………
Some observations 🪡 #Ukraine #Russia 1/27
To begin all three states invoke their "right" to intervene under art 63 of the Statute, while Denmark and Italy also invoke the nature of obligations in the Genocide Convention. All three also try to add their respective personal touches. 2/
🇵🇱 invokes its "history of supporting efforts to prevent and punish genocide", following "genocide perpetrated on Polish nationals during [WWII] by Nazi Germany and the Soviet Union (the predecessor of [Russia])", while noting Soviet perpetrators were never held to account. 3/
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#France's declaration of intervention is now available on the #ICJ's website:…
Some observations – c'est parti! 🪡 #Ukraine #Russia 1/19
Starting off, France invokes its right to intervene under art 63 of the Statute, while also underlining the legal nature of the obligations under the Genocide Convention (no personal touch but does later quote the Court observing the prohibition on genocide is peremptory(!)). 2/
As for the provisions of the Genocide Convention it seeks to offer its construction, by reference to Ukraine's application France cites arts I, II, IV, VIII, IX. 3/
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#Romania's declaration of intervention is now available on the #ICJ's website:…
A few observations 🪡 #Ukraine #Russia 1/16
To begin, Romania's declaration is very much to-the-point. While it does underline the importance of the Genocide Convention, it doesn't expand so much beyond the Statute's requirements for justifying its intervention. 2/ Image
As for the provisions it plans to offer its construction on, Romania cites arts IX (compromissory clause) and I (prevention and punishment), the latter in turn necessitating interpretation of arts II, III, VIII. 3/
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The text of #Sweden's 🇸🇪 declaration of intervention is now available on the #ICJ's website:…
Observations 🪡. #Ukraine #Russia 1/25
As is becoming routine for these interventions, Sweden invokes both its "right" to intervene under art 63 of the Statute and the nature of the obligations under the Genocide Convention (though first to cite Judge Cançado Trindade's sep op in the Whaling case order). 2/ ImageImageImageImage
For its personal touch, Sweden invokes itself being a "a keen proponent of a rules-based world order", finding that "it is necessary for it to intervene in this case, in order to place its interpretation of the relevant provisions of the Convention". 3/ ImageImage
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#US declaration of intervention in #Ukraine v #Russia, under art 63 of the #ICJ Statute, is now available on the Court's website:…
Some observations. 🪡 1/14
In its opening remarks, the #US follows the trend of other states by invoking its right of intervention under art 63, but also underlining the erga omnes partes nature of the Genocide Convention obligations. 2/ Image
For its personal touch, US underlines its involvement in developing the Convention and pointing to its past invocation of art VIII regarding Darfur (recourse to UN organs) and its support [yes, I know] for tribunals prosecuting genocide and other crimes. 3/ ImageImage
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#Germany's declaration of intervention in #Ukraine v #Russia, pursuant to article 63 of the #ICJ Statute, is now available on the Court's website:…
Some observations. 1/13 🪡
Perhaps the most conspicuous part of Germany's declaration is that it seeks solely to give its construction on article IX of the Genocide Convention (the compromissory clause), unlike 🇱🇻🇱🇹🇳🇿🇬🇧 which offered interpretations for several provisions and relating to the merits. 2/
Now, by reserving "right to submit further arguments as to the scope ratione materiae" if declaration deemed admissible, Germany would presumably address the interpretation of the Convention's substantive provisions. However, this doesn't really feature in present declaration. 3/
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Our live Q&A session between camp based #Rohingya and the accountability mechanisms has begun.

Victims from within the camp begin by expressing their wish to learn more about the investigations and cases being conducted in their names.

Arselan Suleman, counsel for The Gambia before the @CIJ_ICJ answers questions on the progress before the case against #Myanmar before the International Court of Justice.

Explains that #Myanmar must provide its written submissions by April 2023.
Chantal Daniels, International Cooperation Advisor at the @IntlCrimCourt notes that justice for those who were displaced five years ago will never be fast enough. But reminds that #ICC team and prosecutor @KarimKhanQC were on the ground in February, and investigations continue.
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Text of the #UK's declaration of intervention in #Ukraine v #Russia, pursuant to article 63 of the #ICJ Statute, now available on the Court's website:…
Some observations.🪡 1/20 (it's the longest declaration yet...)
As preliminary matter, UK is first intervener to refer to ICJ's recent The Gambia v Myanmar judgment, such as in underlining its erga omnes partes legal interest (though tbf, 🇱🇻 submitted its declaration the day before judgment and 🇱🇹 on the day). 2/
UK summarily addresses issue of capacity to intervene on jurisdictional matters, but is seemingly first intervener to consider different scenarios on how case may procedurally progress: either one-stage-case where it will address both issues of jurisdiction and merits... 3/
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A few observations on #Latvia's and #Lithuania's respective declarations of intervention in the #ICJ's #Ukraine v #Russia case, under article 63 of the ICJ Statute and on the basis of them being parties to the Genocide Convention. 1/15🪡
While art 63 of the Statute enshrines the right to intervene, art 82 of the ICJ's Rules stipulates the form and content of a declaration to intervene. Art 83 thus compelled the two states to address important issues of procedure and substance which arise in the case. 2/
While the declarations of the two neighbouring states were submitted just a day apart and are supportive of Ukraine's case, they are quite different in their form, place emphasis on different issues and at times make different arguments (though not really contradictory). 3/
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Here is our #LossAndDamage focused update from the 8th day of the #BonnClimateConference. With negotiations likely to continue into the early
hours of tomorrow morning, we are reaching a decisive moment on #LossAndDamage at #SB56. UNclimatechange, Attributio...
Yesterday the second technical expert dialogue on the New Collective Quantified Goal on climate finance (NCQG) took place where #LossAndDamage finance was raised by several developing countries.
Going forward it will be important for developing countries to continue to raise the importance of integrating #LossAndDamage finance into the NCQG so that it is captured in the final text at #COP27.
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Thanks @cometoblame for this essential update on #Germany v #Italy II at the #ICJ. Can you shed any light on the timing of Germany's filing, given the fact that Italy's legislative fix was imminent? Surely Germany was not in the dark about this, so why bring the case?
I guess the answer (as Filippo suggests in this thread) is that the new Italian scheme still requires claimants to receive a judgment *against Germany* in the Italian Courts before they can access this new fund, so Germany's jurisdictional immunity remains infringed.
Seems like Italy instead needs an administrative process to consider wartime claims that doesn't involve Germany at all. And perhaps with such a remedy available, Italy could reinstate the law blocking its courts from exercising jurisdiction over these claims & CC would go along?
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This is TOO EXCITING not to tweet.

#Germany started proceedings against #Italy at the #ICJ for alleged violations of its sovereign immunity.

It’s been a long time in the making. Many of us are probably not surprised. 🫢

It’s time for Germany v. Italy—Reloaded.

A thread 🪡
After the ICJ’s 2012 judgment in Germany v. Italy (link below), the Italian Parliament passed Law 5/2013. That law required Italian courts to decline jurisdiction in claims against Germany of the kind which had given rise to the ICJ litigation. 👩🏻‍💼…
Little did they know that the #ConstitutionalCourt would declare that law unconstitutional a year later, in the now-famous Sentenza 238/2014. 🙅🏻‍♂️

The Constitutional Court declared that the law was incompatible with the fundamental right…
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A few initial observations about the #ICJ's order today indicating provisional measures in #Ukraine v #Russia. The bottom line is that the Court has ordered Russia to suspend immediately, without qualification, the military operation against Ukraine begun on 24 February. 1/19
As expected, the #ICJ found a dispute was established prior to seisin of the Court based on Russia’s conduct since 2014, incl criminal proceedings brought by Russia against Ukrainian officials for alleged acts in violation of the Genocide Convention. 2/19
That history put more recent assertions by both parties in context, including President Putin’s justification for the military operation commenced on 24 February. In general, I think it is positive to see the Court not taking an overly formalistic approach here. 3/19
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#BREAKING Russia shuns Ukraine conflict hearing at top UN court: judge Image
#BREAKING Kyiv rejects Moscow-proposed corridors to Belarus, Russia: govt Image
#BREAKING Gas prices rocket to record peaks on supply fears Image
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#ICJ Prelim Measures hearing #Ukraine v #Russia #Genocide Convention begins. Camera lingers on the Russia table, which is notably empty... #intlaw
#ICJ Pres makes clear RF was immediately notifed of the filings, & RF ambassador to NL has indicated RF will not participate in the proceedings.
#Ukraine has chosen ad hoc judge Prof Yves Daudet.
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The @CIJ_ICJ public hearings concerning the request for the indication of provisional measures in the Allegations of #Genocide Case (#Ukraine v #Russia) are about to begin.

#UkraineRussianWar #UkraineRussiaConflict #UkraineUnderAttaсk #aggression

President J Donoghue opens the hearing and states her regret that #Russia has failed to appear at the hearing. The hearing was scheduled on short notice but it is quite remarkable, if unsurprising, that the respondent is absent.
Some ICJ judges are participating via video link.
President Donoghue introduces Prof. Yves Daudet, an ad hoc Judge chosen by #Ukraine; states his credentials, and invites him to make a solemn declaration. Ad Hoc Judge Daudet is duly installed.
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One of the issues in the provisional measures hearings in #Ukraine v #Russia this week is how the parties and the #ICJ deal with the requirement of plausibility of rights. Ultimately, I do not think this should pose a barrier to the ICJ indicating some form of measures. 1/11
Recall that #Ukraine is asking the #ICJ in the main case to find that Ukraine itself has not committed any acts of genocide, contrary to Russia’s accusations. This type of request is novel at the ICJ. 2/11
Even in ‘non-violation’ cases such as US Nationals in Morocco or the Lockerbie cases, the applicant was still asking the ICJ to declare that the applicant’s own actions/decisions were in accord with its international legal obligations. 3/11
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A few thoughts about #Ukraine’s case at the #ICJ. Some have already tweeted on this (@OriPomson, @VidigalGeraldo, @amirafarhadi, @niccoloridi and @mabecker17 among others)—here’s my take. ✍🏻

#UkraineRussiaWar #UkraineInvasion

Ukraine’a Application:…
Apologies in advance for getting all #ICJ on this. 👩🏻‍⚖️

I understand the political decision for making an application to the ICJ. This thread is in no way a judgment of that decision, which is very well founded in the terrible events of the last week especially.
That said, Ukraine has (sadly but realistically) an uphill battle both to obtain the #provisionalmeasures it seeks (link to request below) and in the eventual #preliminaryobjections.…
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