The participation of indigenous peoples and victims in treaty-making for reconciliation on colonial crimes: between change and stability
1. Introduction Colonialism continues to raise complex issues for international law. Perhaps the most important question pertains to whether former colonial empires have an obligation to provide reparation for the violence committed. In essence, European States tend to acknowledge their moral and political responsibility while denying any form of legal responsibility, whereas former colonies have...
The ICJ’s first determination of war reparations: Practical challenges and legal solutions / Zoom In
Remarks on the role of equity in determining war reparations before the International Court of Justice
1.Introduction The Second Congo War broke out in August 1998, just a year and a few months after the First one.[1] It ended in July 2003 and it is considered to be the deadliest war after the Second World War. Many States and non-state actors have been involved in this bloody armed conflict and each...
The Global Compact for Safe, Orderly and Regular Migration: What is its contribution to International Migration Law?
1. Introduction The recent endorsement by the United Nations General Assembly of the Global Compact for Safe, Orderly and Regular Migration (Global Compact on Migration or GCM)[1] has been the subject of extensive political debate at both the national and international level. This significant public attention is undoubtedly due to the importance that migration policies...
Towards an Asylum Law of armed conflicts? The Diakité judgment of the Court of Justice of the European Union and its implications / Zoom In
An autonomous notion of non-international armed conflict in EU Asylum Law: Is there any role for International Humanitarian Law?
1. Introduction Under the law of the European Union, establishing the scope and extent of the concept of non-international armed conflict is essential in determining the limits and the extension of the subsidiary protection granted to those people fleeing their country, who are not protected by the Geneva Convention on the status of refugees. In...
