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Between mental states and institutional objects
Sufyan Droubi

and crucial role: the ‘true’ mental state – true belief, true will – of the State making a statement is irrelevant – ‘if other States acquiesce, a new rule of customary law comes into being’. 81 (The important role of acquiescence had already been affirmed by many authors, 82 and recently also by the International Law Commission, notably on the importance of ascertaining States’ reaction to the practice of international organisations. 83 ) Hence, in ascertaining opinio juris , this third approach de-emphasises the importance of the ‘true’ or ‘subjective

in International organisations, non-State actors, and the formation of customary international law
Kelly-Kate Pease

complaint out of the media, which is a major incentive for states. International human rights and humanitarian lawyers advise and serve as IGO officials. They are important parts of IGO staff and act as special rapporteurs and serve on independent commissions of inquiry. They engage in a form of committee diplomacy when they participate in charter and treaty monitoring bodies. Recall that many of these bodies investigate complaints and formulate general comments and recommendations. Within the UN system, lawyers also comprise the International Law Commission

in Human rights and humanitarian diplomacy
Abstract only
Christine Byron

sufficient resources. 4 However, the momentum towards the formation of a permanent ICC, created in the wake of the International Military Tribunals, was soon mired in Cold War politics. The International Law Commission’s Draft Code of Offences was given priority over the creation of an international jurisdiction to deal with such crimes and the Draft Code could not be considered until aggression was defined, so the question of an international criminal court was postponed indefinitely. 5 The issue was lost in silence as the years went by and only

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
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Nigel D. White

responsible when it commits an internationally wrongful act in breach of those obligations. The complexity arises in determining when an IGO has itself breached international law as opposed to states or other actors who may claim to be acting on behalf of the organisation. This chapter considers the development of secondary rules of international law to cover the wrongful acts and omissions of IGOs. It analyses the Articles on Responsibility of International Organisations (ARIO) developed by the International Law Commission (ILC). The chapter focuses in particular on the

in The law of international organisations (third edition)
Taking the role of non-governmental organisations in customary international lawmaking seriously
Valentina Azarova

them as informal arbiters of the international legality of State and other actors’ actions. 2 It is no overstatement that non-governmental organisations have acted as de facto adjudicators and enforcers of international norms in the international and domestic arenas, both instigating respect for the law and progressing its development. The role of non-governmental organisations in the making of customary international law is, according to the International Law Commission, limited to their ability to ‘stimulate and record’ the acceptance by States and

in International organisations, non-State actors, and the formation of customary international law
Author: Sara De Vido

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Ion Diaconu

by other human rights treaty bodies. The activity of codification of international law, undertaken by the International Law Commission, is also relevant; for instance, the draft articles adopted by the Commission in 2007 on diplomatic protection (recommended to the States by the resolution of the General Assembly no. 62/​67 of 6 December 2007), connecting diplomatic protection with State responsibility, is clarifying some aspects concerning the protection of human rights; similarly, the Guide concerning reservations to multilateral treaties, submitted to the

in Fifty years of the International Convention on the Elimination of All Forms of Racial Discrimination
Leslie C. Green

first session adopted a resolution 62 affirming ‘the principles of international law recognised by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal’. This was followed by a further resolution 63 instructing the International Law Commission to ‘formulate’ these principles, which it did at its second session in 1950, 64 reaffirming that crimes against peace are

in The contemporary law of armed conflict
Leslie C. Green

) 138 affirming the Principles of International Law recognised by the Charter of the Nuremberg Tribunal, but without detailing what these Principles are. This lacuna was remedied in 1950 with the adoption by the International Law Commission of Principles of International Law recognised in the Charter of the Nuremberg Tribunal and the Judgment of the Tribunal. 139 Principles III and IV confirm that

in The contemporary law of armed conflict
The key to autonomy
Nigel D. White

1994) 104, 98–109. 87 For a summary of the work of the ILC in this area see J.G. Lammers, ‘Immunity of International Organizations: The Work of the International Law Commission’ (2014) 10 ILOR 276. 88 Sands and Klein n. 67 at 494–504. 89 Crawford n. 50 at 177. 90 Ibid. 178–9.

in The law of international organisations (third edition)