Wakaba and ors v Attorney General, Final judgment, (2010) eKLR, Misc App no 1411/2004, Const Ref no 1187/2003, Misc App no s35/2005, Misc App no 36/2005, Misc App no 37/2005, Misc App no 1311/20404, Misc App no 1309/2004, Misc App no 1310/2004, Misc App no 1312/2004, Misc App no 1313/2004, Misc App no 34/2005, Misc App no 1743/2004, Misc App no 1741/2004, Misc App no 1744/2004, Misc App no 1742/2004, Misc App no 745/2004, Misc App no 56/2005, Misc App no 409/2004, Misc App no 1183/2003, Misc App no 1182/2003, Misc App no 1189/2003, ILDC 1543 (KE 2010), 21st July 2010, High Court
Legal Material. Subjects: Public International Law; International Law; Law. 15089 words.
Whether the physical and psychological torture to which the plaintiffs were subjected was contrary to international human rights instruments which prohibited torture, cruel, inhuman, or...
Omarska and Keraterm Camps, Prosecutor v Banović (Predrag), Sentencing judgment, Case No IT-02-65/1-S, ICL 156 (ICTY 2003), 28th October 2003, Trial Chamber III (ICTY)
Legal Material. Subjects: Public International Law; International Law; Law. 13528 words.
Whether—in light of all of the circumstances of the case—the sentence recommended by the Prosecutor was appropriate.
To what extent the secondary role of the individual concerned...
Reference Entry. Subjects: Public International Law; International Law; Law. 11403 words.
Alimov v Turkey, Admissibility, merits and just satisfaction, App no 14344/13, IHRL 3979 (ECHR 2016), 6th September 2016, European Court of Human Rights [ECHR]
Legal Material. Subjects: Law. 13166 words.
Whether the detention of the applicant, an asylum seeker, at the Sabiha Gökçen Airport detention facility and the Kumkapı Removal Centre in Turkey without an opportunity to challenge the...
Through the Looking Glass: Transitional Justice Futures through the Lens of Nationalism, Feminism and Transformative Change
in International Journal of Transitional Justice
March 2015; p ublished online December 2014 .
Journal Article. Subjects: Human Rights and Immigration; Public International Law; Human Rights. 11968 words.
In reflecting on the contemporary challenges and future directions of transitional justice theory and practice, this article addresses...
Mazibuko and ors v City of Johannesburg and ors, First instance decision, Case No 06/13865,  ZAGPHC 128, ILDC 973 (ZA 2008), 30th April 2008, South Gauteng High Court [GPJ-HC]
Legal Material. Subjects: Public International Law; International Law; Law. 20997 words.
Whether regulations promulgated by the Ministry of Water Affairs and Forestry and the water policies of the City of Johannesburg and Johannesburg Water (Pty) Ltd violated the right to...
Bayatyan, Amnesty International (intervening) and ors (intervening) v Armenia, Merits and just satisfaction, App No 23459/03, IHRL 169 (ECHR 2011), 7th July 2011, Grand Chamber [ECtHR]
Legal Material. Subjects: Public International Law; International Law; Law. 20261 words.
Whether the guarantee for the protection of the right to freedom of thought, conscience, and religion provided in accordance with Article 9 of the Convention for the Protection of Human...
An Enduring Occupation: The Status of the Gaza Strip from the Perspective of International Humanitarian Law
in Journal of Conflict and Security Law
January 2010; p ublished online August 2010 .
Journal Article. Subjects: Public International Law. 15836 words.
The status of the Gaza Strip as occupied territory has been the subject of renewed policy, judicial and academic debate following a series of noteworthy developments in the territory since...
Kane v Winn, District Court judgment, 319 F.Supp. 2d 162 (D. Mass. 2004), ILDC 694 (US 2004), 27th May 2004, District Court for the District of Massachusetts [D. Mass.]
Legal Material. Subjects: Public International Law; International Law; Law. 38456 words.
Whether international legal obligations provided a basis for an incarcerated individual to seek relief for alleged deficiencies in his medical treatment.
Vilvarajah v United Kingdom, Decision on merits, App no 13163/87 (A/215), IHRL 2598 (ECHR 1991), 30th October 1991, European Court of Human Rights [ECtHR]
Legal Material. Subjects: Public International Law; International Law; Law. 20949 words.
Whether the removal of the applicants to Sri Lanka was a breach of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Whether judicial review...
Civilians Claims-Eritrea’s Claims 15, 16, 23, and 27-32, Eritrea v Ethiopia, Partial award, (2003) 42 ILM 1083, ICGJ 354 (PCA 2004), 17th December 2004, Eritrea-Ethiopia Claims Commission
Legal Material. Subjects: Law of Treaties; Sources, Foundations and Principles of International Law; Use of Force, War, Peace and Neutrality; Public International Law; International Law; Law. 19561 words.
Whether Eritrea’s claims as to the expulsion of individuals and damages came within the jurisdiction of the Commission.
How the burden of proof as to ascertainment of the customary...
Co-Investigating Judges v Kaing (Guek Eav) alias 'Duch', Closing order indicting Kaing Guek Eav alias Duch, Case No 001/18-07-2007-ECCC-OCIJ, Doc No D99, ICL 1548 (ECC 2008), 8th August 2008, Extraordinary Chambers in the Courts of Cambodia [ECCC]; Office of the Co-Investigating Judges [ECCC]
Legal Material. Subjects: Law. 19595 words.
Whether, based on the judicial investigation conducted, there was sufficient evidence to send Kaing Guek Eav (alias Duch) to stand trial before the Trial Chamber for the offences of crimes...
Case of Loayza Tamayo v Peru, Loayza Tamayo v Peru, Reparations and Costs, IACHR Series C No 42,  IACHR 9, IHRL 1425 (IACHR 1998), 27th November 1998, Inter-American Court of Human Rights [IACtHR]
Legal Material. Subjects: Human Rights; Public International Law; International Law; Law. 30134 words.
Whether Peru had to provide reparations for the violation of the victim’s rights under the American Convention on Human Rights (‘ACHR’).
Prosecutor v Kanyarukiga (Gaspard), Decision on Prosecutor's Request for Referral to the Republic of Rwanda, Case No ICTR-2002-78-R11bis, ICL 639 (ICTR 2008), 6th June 2008, International Criminal Tribunal for Rwanda [ICTR]
Legal Material. Subjects: Relationship Between International and Domestic Law; Public International Law; International Law; Law. 21388 words.
Whether there was a complete jurisdictional basis for the relevant crimes under Rwandan law.
Whether the accused’s right to a fair trial was in jeopardy.
Simon and ors v Republic of Hungary and ors, Trial court judgment, Civ A No 10-1770 (BAH), ILDC 2196 (US 2014), 37 F Supp 3d 381 (DDC 2014), 9th May 2014, United States; District of Columbia; District Court for the District of Columbia [DDC]
Legal Material. Subjects: Public International Law; International Law; Law. 38648 words.
Whether a court could exercise jurisdiction over a claim when that claim related to a dispute for which a treaty had provided an exclusive mechanism.
Whether a court could exercise...
in The Arms Trade Treaty: A Commentary
June 2016 .
Chapter. Subjects: Public International Law; International Law; Law. 79 pages. 44005 words.
This chapter discusses Article 2 of the ATT. The article delineates the scope of the ATT, identifying the categories of conventional arms and types of activities that are formally subject...
Ananyev and ors v Russian Federation, Admissibility, merits, and just satisfaction, App no 42525/07, App no 60800/08, IHRL 3794 (ECHR 2012), 10th January 2012, European Court of Human Rights [ECtHR]
Legal Material. Subjects: Public International Law; International Law; Law. 39666 words.
Whether the conditions of pre-trial detention in Russian Federation could amount to the violation of prisoners’ rights under Article 3 of the Convention for the Protection of Human Rights...
Bug River Case, Broniowski v Poland, Merits, App No 31443/96, ECHR 2004-V,  ECHR 274, (2005) 40 EHRR 21, 16 BHRC 573, (2005) 40 EHRR 495, IHRL 2603 (ECHR 2004), 22nd June 2004, Grand Chamber [ECtHR]
Legal Material. Subjects: Public International Law; International Law; Law. 40502 words.
Whether a ‘right to credit’ constituted a ‘possession’ within the meaning of Article 1 of Protocol 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms 1952...
in The UN Convention on the Rights of the Child
March 2019 .
Chapter. Subjects: Law. 58 pages. 33845 words.
This section is about Article 38 of the UN Convention on the Rights of the Child dealing with The Rights of Children in Armed Conflict.
Ongwen case, Prosecutor (on the application of Victims) v Ongwen (Dominic), Decision on the confirmation of charges against Dominic Ongwen, Case no ICC-02/04-01/15, ICC-02/04-01/15-422-Red, ICL 1681 (ICC 2016), 23rd March 2016, International Criminal Court [ICC]; Pre Trial Chamber II [ICC]
Legal Material. Subjects: Law. 54575 words.
Whether there was sufficient evidence to establish substantial grounds to believe that the suspect had committed the crimes charged and thus whether those charges should be confirmed.null...