Mike Becker Profile picture
May 2 3 tweets 2 min read
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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More from @mabecker17

Mar 16
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
Mar 6
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
Mar 4
As expected, the UN Human Rights Council (@UN_HRC) has established an international commission of inquiry for #Ukraine. The structure & mandate of the new body combines aspects typical of commissions of inquiry with elements of the new ‘investigatory mechanism’ model. #HRC49 1/11
By that I mean that the #Ukraine COI has a typical structure (a three-member panel) and a typical mandate: to investigate all violations and abuses of IHRL & IHL, to examine factual circumstances and the root causes of violations, and to recommend accountability measures. 2/11
But it also has elements of an ‘investigatory mechanism’ mandate: to collect, preserve, and analyse evidence with a view to supporting future criminal trials at domestic or international level (akin to the existing IIIM (Syria), IIMM (Myanmar) and @UNITAD_Iraq). 3/11
Read 12 tweets
Sep 24, 2021
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
Sep 23, 2021
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
Sep 16, 2021
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

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