Zoom Out

The Crimean crisis and the Polish practice on non-recognition

For the purpose of the present paper, recognition is a unilateral act of a State confirming the legality of a certain, specific situation and accepting the consequences thereof. As recognition may concern different situations in international relations, the present text concentrates upon recognition of States and governments. Effects of recognition can be defined as: the...

Forthcoming

Forthcoming

Forthcoming

Forthcoming

Forthcoming

Forthcoming

The Prevent Strategy: The human rights implications of the United Kingdom’s counter-radicalisation policy

1. Introduction The Government of the United Kingdom (UK) has stressed that preventing the spread of extremist ideology and stopping acts of terrorism are two of the most pressing and interrelated issues of the 21st century. The former British Prime Minister, David Cameron, has repeatedly asserted that challenging ‘poisonous extremist’ ideology represents a ‘generational struggle’.[1]...

Les frappes de la France contre l’EIIL en Syrie, à la lumière de la résolution 2249 (2015) du Conseil de sécurité

1. Introduction Les attentats terroristes perpétrés à Paris et Saint Denis le 13 novembre 2015 ont conduit la France à réagir vigoureusement en procédant à des frappes contre ‘l’Etat islamique d’Iraq et du Levant (EIIL)’ ou ‘Daech’, dès le 15 novembre, sur le territoire syrien. Le 17 novembre, l’armée française a de nouveau procédé à...

The evolving right of counter-terrorism: An analysis of SC resolution 2249 (2015) in view of some basic contributions in International Law literature

1. Introduction It seems safe to say that Security Council (SC) resolution 2249 of 20 November 2015 opens new ground in the fight against terrorism by the State Community. At the time of writing, only a few weeks have gone by since this resolution has been issued but it has immediately become clear that this...

The 13 November 2015 attacks and their aftermath: multilevel responses to terrorism

Introduced by Antonello Tancredi and Paolo Palchetti   The terrorist attacks that took place on November 13, 2015 in Paris rapidly triggered a multilevel reaction. Internationally, France, as well as other Western Countries have been ready to invoke the right of self-defence as provided for in Article 51 of the UN Charter to justify air...

The immunity of State organs – A reply to Pisillo Mazzeschi

1. Pisillo Mazzeschi’s main thesis Pisillo Mazzeschi has carried out an in depth enquiry of the topic of immunity. One should not only take into account  the piece he wrote for Questions of International Law, but also the substantive contribution he has made to an Italian legal encyclopedia.[1]  His findings have already been critically analysed...

A few remarks on the functional immunity of the organs of foreign States

1. Introduction I read with great interest the article by Pisillo Mazzeschi and the subsequent reactions to it, all of which were stimulating in terms of the variety of views expressed and the arguments supporting them. That said, no-one, myself included, should make the presumption that the opinions he expressed are necessarily the right ones,...

Functional immunity of State officials before the International Law Commission: The ‘who’ and the ‘what’

1. Introduction Riccardo Pisillo Mazzeschi offers an interesting proposal to merge ratione personae and ratione materiae immunity for current and former state officials from the jurisdiction of foreign states. He argues that the traditional distinction between these forms of immunity ‘demands a critical review’ because, in contemporary international practice, both types of immunity are rooted...

Comment on ‘The functional immunity of State officials from foreign jurisdiction: A critique of the traditional theories’

1. Introduction Riccardo Pisillo Mazzeschi has written an impressively researched and thought-provoking article that challenges the traditional theories on functional immunity of State officials. He not only challenges the conceptual premise that the immunity of State officials is a necessary corollary of the immunity of the State, but also questions the scope of functional immunity...