Discover and read the best of Twitter Threads about #icj

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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/
Read 21 tweets
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/
Read 15 tweets
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.
Read 22 tweets
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?
Read 3 tweets
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…
Read 21 tweets
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
Read 19 tweets
#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
Read 26 tweets
#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.
Read 38 tweets
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.
Read 55 tweets
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
Read 11 tweets

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.…
Read 21 tweets
Interesting analysis from Marko Milanovic, but I’m afraid I’m less optimistic than he is regarding #Ukraine’s prospects against #Russia for receiving some kind of (legal) relief at the #ICJ in the form of provisional measures. 1/9
There are essentially three tests which must be met to receive provisional measures: prima facie jurisdiction; plausibility of rights and link between them and measures requested; and risk of irreparable prejudice and urgency (most recently:…). 2/
As many have pointed out, the #GenocideConvention compromissory clause provides the consent of the parties to the #ICJ’s jurisdiction, the two states no longer having reservations thereto. However, prima facie jurisdiction must also relate to the alleged rights claimed. 3/
Read 9 tweets
So let's go legal: Art 1 Genocide Convention provides for the obligation to prevent #genocide. Putin alluded to this in speech Monday when he claimed a genocide in #Ukraine and that they therefore could/had to intervene. This is false: it's not a justification for use of force.
Plus there is no genocide in #Ukraine, so more form of gaslighting. See for further analysis of his argumentations to appear as if his armed force is lawful/legitimate instead of the violation of art 2(4) UN Charter and act of aggression that it is, this:
Since #Russia referred to "#Genocide", #Ukraine now says: apparently we have a dispute over the interpretation and application of the notion of "genocide" and since we are both state parties to that treaty, we will invoke Article IX Genocide Convention. Image
Read 10 tweets
The #Myanmar military will appear at the #ICJ in The Hague on 21 February 2022. Their interest does not lie in defending the country against #genocide allegations. #whatshappeninginMyanmar…
In this post I hold that after the attempted coup of 1 Feb 2021, the #Myanmar army "has at no point achieved full control of the country". I further reiterate that @NUGMyanmar "have established working relations with many states and international organizations, including the #UN"
The @NUGMyanmar declared that Ambassador U Kyaw Moe Tun is the only person authorised to represent #Myanmar in The Hague. They announced that the previous preliminary objections by Myanmar to the lawsuit should be withdrawn, thus encouraging the efforts to proceed with the case.
Read 11 tweets
بھارتی جاسوس #کلبھوشن کو بچانے کی کوشش کس نے کی؟

1960 کی دہائی سے موجود پاک بھارت معاہدوں کے تحت پاکستان اور بھارت نے ایک دوسرے کے پکڑے جانے والے جاسوسوں کے فیصلے کرنے کا اختیار اور حق صرف اپنےہی پاس رکھا ہوا تھا اور اس میں عالمی عدالت انصاف سمیت کسی کی بھی مداخلت کا اختیار
یا حق کبھی تسلیم نہیں کیا تھامگر کلبھوشن کی سزائےموت کا فیصلہ آنے سے صرف 12 روز پہلے #نوازشریف نے اچانک بیٹھے بٹھائے اور یک طرفہ طور پر ہی پاکستان میں پکڑے جانے والے بھارتی جاسوسوں اور ان کے خلاف پاکستانی عدالتی کاروائیوں اور فیصلوں میں عالمی عدالت انصاف کی مداخلت کا اختیار،
کسی بھی جانب سے پاکستان کو موصول ہونے والے کسی ایک بھی با ضابطہ مطالبے کے بغیر آگے بڑھ کے خود ہی تسلیم کرنے کا فیصلہ کیا اور ڈاکٹر ملیحہ لودھی کو احکامات صادر کر دیے کہ وہ عالمی عدالت انصاف کو "عالم پناہ" کے اس فیصلے سے آگاہ کر دے، جس پر @LodhiMaleeha نے اپنے ایک خط کے ذریعے
Read 11 tweets
Challenges ahead & solutions in the post #ICJ ruling
1-Kenya withdrew from ICJ, meaning it can sue any oil drilling co. within the formerly disputed zone
2-Somalia doesn't own d drilling rights, Total does.
3- Also owns some of the Kenya oil blocks bought by Qatar & Eni #Thread
Kenya has already started exploring some of the oil blocks located formerly disputed areas “Kenya rejected the accusation that ownership of the blocks was contested and said there was no need to hold up exploration”…
Since Qatar owns a 25% share of Kenya oil blocks, it has already got its ducks in the row by inviting Somalia PM @MohamedHRoble to Qatar. It’s alleged that he has received an undisclosed petro $ to delay the election and make deal with Qatar to become Somalia's Oil trusteeship.
Read 5 tweets
#ICJ begins delivering judgment on #Kenya-#Somalia maritime border spat.

The @UN's top court begins delivering in a bitter border dispute between Somalia & Kenya, delivering a verdict with potentially far-reaching consequences for bilateral ties & energy extraction
The International Court of Justice @CIJ_ICJ rules MOST of the disputed maritime territory in favour #Somalia

ICJ rejects #Kenya’s main argument of border parallel to latitude line after upholding Somalia argument of equidistant method of delineating maritime boundary
International Court of Justice - @CIJ_ICJ: Somalia border claim will not result in a 'serious' cut-off effect to Kenya's resources
#Kenya #Somalia #Verdict #BreakingNews
Read 5 tweets
Well that didn't take long. After #Armenia initiated an #ICJ case against #Azerbaijan last week re #CERD violations, Azerbaijan said it would respond in kind. Yesterday, Azerbaijan filed its own case against Armenia, also under the CERD and also seeking provisional measures. 1/35
Since I summarized #Armenia’s claims last week, it seems only fair to provide an overview of #Azerbaijan’s claims now. Another #CERD case, another long thread from me (sorry). 2/35
Azerbaijan’s application attributes a “policy of ethnic cleansing and systematic violations of CERD” to Armenia—namely, discrimination based on national or ethnic origin aimed at achieving a mono-ethnic state. 3/35
Read 35 tweets
We finally have the long-awaited decision in #TheGambia’s lawsuit in US federal court against #Facebook seeking disclosure of material for use in its pending case against #Myanmar at the #ICJ (alleging genocide against the #Rohingya). Here's an overview. 1/30
In brief, the federal magistrate judge handling this matter rejected #Facebook’s statutory & policy arguments and granted an order compelling Facebook to produce to #TheGambia the bulk of the material requested, but denying its request to depose a Facebook representative. 2/30
I previously tweeted about the party arguments in this litigation last year when the parties were filing their briefs. Those summaries can be found here: . In many respects, the federal magistrate judge has accepted #TheGambia’s arguments. 3/30
Read 31 tweets
#Armenia decided to widen the conflict with #Azerbaijan with a lawsuit at the International Court of Justice #ICJ. It is actually good for Azerbaijan. It is also a non-starter that will backfire on Armenia for these reasons:
1) Armenia does this on behalf of itself and a nonexistent separatist entity it created to confuse world community and minimize responsibility by the name of "Republic of artsakh". It's not serious to do this in a serious venue. ICJ is for recognized legitimate nation-states.
2) Armenia illegally militarily occupied Azerbaijan for 29 years, since 1991. It killed 25,000 Azerbaijani civilians, it ethnically cleansed 800,000 Azerbaijanis & Kurds, it destroyed their homes and infrastructure, it mined everything and stole and demolished cultural heritage.
Read 4 tweets
An overview (w/some preliminary observations) of the new #ICJ case by #Armenia against #Azerbaijan based on alleged violations of the Convention on the Elimination of All Forms of Racial Discrimination (#CERD). This is the fourth CERD-based case at the ICJ since 2008. 1/20
#Armenia alleges that #Azerbaijan has subjected individuals of Armenian ethnic/national origin to racial discrimination for decades and fosters hatred towards Armenians as a matter of state policy. (Both parties acceded to the CERD in the 1990s.) 2/20
Armenia further alleges systemic discrimination, mass killings, and torture directed at ethnic Armenians by Azerbaijan, and specifically alleges grave CERD violations during the 2020 armed conflict re #NagarnoKarabakh 3/20
Read 20 tweets
THREAD 21 of writing against the 🪖-coup is a thread in which I will look at what the so-called “international community” can/might/won’t do for the #CivilDisobedienceMovementMyanmar #WhatsHappeninglnMyanmar #March3Coup #RejectTheMilitary #UN #EU @UNHumanRights @coe @RapporteurUn Image
1. The calls for “action” are getting louder. And rightly so! From the moment 19-year old Mya Thwet Thwet Khine was shot, the police/military has continued committing the most serious crimes. To shoot, beat, and arrest peaceful protestors is against national and international law
2. Since #Feb28Coup the day of #MilkTeaAlliance protests we have seen an escalation in violence by the military which no longer targets protestors but bystanders. It is also clear that people are getting executed: shot in the head.Result is instant incapacitation and likely death
Read 31 tweets
I just finished a call with a journo wanting to ask about #Pompeo's moves to recognize colonial settlements as part of Israel, to decry #BDS, and to collapse anti #Zionism and anti Semitism. A few thoughts. #THREAD
Re #BDS: It is not the core of progressive organizing or the heart of a movement, it is one of the few tactics left available to Palestinians and their allies as other tactics have been steadily and systematically maligned.
The US and Israel have always rejected #ArmedResistance, enshrined in Additional Protocol I (1977), as terroristic regardless of actual targets, namely military, and the PLO surrendered that right in 1993 in exchange for entering into the trap of the #PeaceProcess.
Read 9 tweets
The #ICJ has named the four experts that it has commissioned to produce a report on #DRC’s damages claims in the #ArmedActivities case. I previously discussed the decision to seek this opinion. Now we have the list of names, which is very interesting. 1/14…
Recall that the expert opinion is supposed to address three heads of damages sought by the #DRC from #Uganda: (i) civilian deaths and compensation due; (ii) quantity and valuation of natural resources plundered; and (iii) scale and cost of property damage. 2/14
Questions have been raised within and beyond the Court about whether the task assigned to the experts amounts to derogation of the judicial function, unduly assists the DRC, or represents a prudent move on the Court's part to seek technical expertise in pursuit of justice. 3/14
Read 14 tweets

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