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Nigel D. White

dissents in the 1998 Lockerbie cases. Judge Schwebel stated that ‘it does not follow from the fact that the decisions of the Security Council must be in accordance with the Charter, and that the International Court of Justice is the principal judicial organ of the UN, that the Court is empowered to ensure that the Council’s decisions do accord with the Charter’. 76 He argued strongly against judicial review by stating that such a development would not be ‘evolutionary but revolutionary’. He stated that it is not possible to imply such a power for the ICJ as it would

in The law of international organisations (third edition)
Current policy options and issues
Jenny H. Peterson

, 2011) or by allowing international legal bodies to prosecute these forms of conflict trade under anti-pillage statutes of the ICC (Lundberg, 2007/8), and some positive developments in terms of the use of international legal mechanisms to deal with political-economies of violence can be identified. Hybrid courts in both Bosnia and Kosovo have seen the international community placing attention on and committing resources to the prosecution of organised crime and corruption (Eichlin, 2009/10). This, along with the International Court of Justice ruling against Uganda in

in Building a peace economy?
Nigel D. White

The facts that the UN and other similar inter-governmental organisations (IGOs) are operational and that their decisions affect the lives of millions, have led to greater demands for accountability of IGOs and access to justice for victims when they have caused. This chapter looks at how the primary and secondary rules of international law are upheld in different forms and mechanisms of accountability, including courts. The inadequacies of the International Court of Justice as a constitutional court have led to victims seeking justice before regional and national courts. The chapter explores the practicalities of accountability both at an institutional level and at a more local level. It concludes with an examination as to how far the UN has evolved in terms of accountability for wrongs committed by those working for it by considering sexual abuse committed by peacekeepers in the Democratic Republic of Congo.

in The law of international organisations (third edition)
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Nigel D. White

imposed by the Security Council, by virtue of Article 103 of the Charter. Two case studies featuring judicial decisions on the primacy of UN obligations by the International Court of Justice in the Lockerbie cases of 1992 and 1998, and the European Court of Human Rights in the Al-Jedda case of 2011, serve to illustrate the controversies surrounding constitutionalism. Chapter 4: International legal personality: the key to autonomy This chapter addresses the legal construction that helps to answer the question of how the UN and similar IGOs are separate and

in The law of international organisations (third edition)
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Pan-African Revolutionary
Maureen Isaacson

South West Africa, published in 1963, First was placed under house arrest on her return to Johannesburg. Namibia – then South West Africa – was under South African rule, although the League of Nations, responsible for handing the mandate to South Africa after the First World War (1914–18), had been replaced by the United Nations in 1945. The case was, at the time of her writing, before the International Court of Justice in the Hague. This first work on Namibia’s history from an anti-colonial perspective was well received. 39 Here were

in The Pan-African Pantheon
The logics underpining EU enlargement
Helene Sjursen and Karen E. Smith

report on enlargement, published in July 1997, the European Commission stated that it ‘considers that, before accession, applicants should make every effort to resolve any outstanding border dispute among themselves or involving third countries. Failing this they should agree that the dispute be referred to the International Court of Justice’ (European Commission 1997 : 51). The Helsinki European

in Rethinking European Union Foreign Policy
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Christine Byron

‘inhumane’ or ‘severe’ it is not necessary, unless indicated, ‘that the perpetrator personally completed a particular value judgement’. 52 Applicable law The law to be applied by the judges of the ICC when adjudicating cases and interpreting the definition of crimes is given in Article 21 of the Rome Statute. 53 Whilst the sources of general public international law according to Article 38 of the International Court of Justice Statute are well known, Article 21 ‘constitutes the first codification of the sources of

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

nature, immediately binding and creating new norms addressed at general mischiefs as opposed to specific issues, is said to be lacking in international law, as there is no such mention in the list of sources contained in Article 38 of the Statute of the International Court of Justice, which has emerged as the ‘authoritative’ secondary rule on sources. 33 A number of states have strongly objected to Security Council acts of legislation, starting with Resolution 1373, and continuing through Resolution 1540 of 2004 that legislated on preventing the proliferation of

in The law of international organisations (third edition)
A new source of international law?
Nigel D. White

international law produced by states and, in fact, are compatible with the list of sources in Article 38 of the Statute of the International Court of Justice of 1945, either as treaty obligations, customs or general principles of law. It is true to say that many resolutions have passed into customary international law, but such an analysis disregards the potential normative value of the resolutions themselves, a value that reflects the autonomy of IGOs. This chapter explores institutional lawmaking in the modern era, with particular focus on General Assembly Resolutions on

in The law of international organisations (third edition)
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Norman Geras

Enumerated in Article 38 (1) of the Statute of the International Court of Justice, these sources are: international conventions; international custom; the general principles of law recognized by civilized nations; and – as ‘subsidiary means for the determination of rules of law’ – judicial decisions and ‘the teachings of the most highly qualified publicists’. The latter rubric has been interpreted as being ‘synonymous with scholarly work, with a correspondingly greater deference to leading authorities in a field’; or as meaning ‘the doctrines developed by the most

in Crimes against humanity