Monthly archive June, 2014

Is there a right to be rescued at sea? A constructive view

1.   Introduction The present paper investigates the relationship between the safety of life at sea and the right to life under international law, in order to assess the existence of an individual right to be rescued at sea. It posits that the recognition of such a right to be rescued is much needed in...

Is there a right to be rescued at sea? A skeptical view

1.   Introductory remarks The recent tragic and deadly sea incidents, including the sinking of a boat with 500 people off the coast of Lampedusa on 3 October 2013[1] and of another boat with more 200 people on 12 May 2014,[2] mark the significance and urgency of the problem of migration by sea. Indeed, thousands...

The latest (and hopefully last) boat tragedy. Is there a right to be rescued at sea?

Introduced by Andrea Caligiuri and Irini Papanicolopulu In the aftermath of the Lampedusa boat tragedy of 3 October 2013, the President of the European Commission, José Barroso, stated: ‘[T]he scale of the human tragedy in the Mediterranean means we have to act now. The European Union cannot accept that thousands of people die at our...

Procedural obligations and good faith: the case of the human rights treaties

1. The procedural limits to withdrawal deriving from good faith: some preliminary remarks There are not many grounds on which to challenge the conclusions discussed by Timothy Meyer and Tom Coppen on the topic of the unilateral withdrawal from treaties. However, inspired by the practice of human rights treaties’, certain aspects merit further consideration. Thanks...

Aiding and abetting international crimes and the value of judicial consistency: reflections prompted by the Perisic, Taylor and Sainovic verdicts

1. Introduction Recent judgments issued by the International Criminal Tribunal for the former Yugoslavia (ICTY) and by the Special Court for Sierra Leone (SCSL) dealing with aiding and abetting international crimes have triggered unprecedented debate on the risks of fragmentation (at times also, and more positively, characterized as ‘pluralism’[1]) within international criminal law. In this...

The mythical unities of International Criminal Law: some thoughts on Perisic, Taylor and Sainovic

1.   Introduction In February 2013, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) acquitted the former chief of the general staff of the Yugoslav army, Momcilo Perisic, of aiding and abetting crimes committed in Sarajevo and Srebrenica.[1] The Appeals Chamber found that the Trial Chamber had erred in not...

Is the concept of aiding and abetting international crimes leading to the ‘fragmentation’ of International Criminal Law?

Introduced by Emanuele Cimiotta and Micaela Frulli In the Taylor Appeal Judgment of 26 September 2013, the Special Court for Sierra Leone (SCSL) deconstructed the concept of aiding and abetting liability, as it had been accepted by the International Criminal Tribunal for the former Yugoslavia (ICTY) in the Perisic Appeal Judgment of 28 February 2013....