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...
Legal aspects concerning the restitution of cultural property removed during colonial occupation
1. Introduction On 18 December 1973, the UN General Assembly adopted Resolution 3187 on the prompt restitution of cultural property, establishing ‘special obligations of those countries which had access to such valuable objects only as result of colonial or foreign occupation’.[1] Yet, the legal aspects concerning the restitution of cultural property removed during the colonial...
States before their colonial past: Practice in addressing responsibility
1. Introduction Over the past few decades, prominent claims brought by former colonies and indigenous populations against former colonial powers[1] have brought to the foreground the profound implications of colonialism on the development of international law.[2] Tracing the evolution of this State practice is crucial to identifying patterns of argumentation and the scope of international...
Which ‘reparations’ for colonial ‘crimes’?
1. Introduction The issue of reparations owed by States for large scale atrocities perpetrated during colonial rule – such as mass killings, deportations, torture and subjection to forced labour – fits into the realm of so-called ‘crimes of history’[1] and highlights several legal problems that are not easy to solve. The most complex issues are...
The Irreparability of Colonialism
Massimo Meccarelli and Paolo Palchetti* Colonialism is irreparable. There is no question about it. Yet the debate about what can be done to remedy to the lasting consequences of colonialism continues to be nurtured at different levels. Former colonies have increasingly advanced requests seeking recognition of the dramatic impact of the historical reality of colonialism....
International law and the ‘Crimean conundrum’: legal issues arising from the 2014 Russia/Ukraine crisis / The war in Ukraine: An ongoing debate
Article 11 of the Italian Constitution and the war in Ukraine: The constant dialogue between Constitutional and International Law
1. Introduction Article 11 of the Italian Constitution (hereinafter ‘Article 11’) has always been at the core of an extensive and multifaceted doctrinal debate. This debate has evolved alongside a range of interpretive proposals put forward by both the political system and civil society, spanning the different historical phases since the establishment of the Republic...
International law and the ‘Crimean conundrum’: legal issues arising from the 2014 Russia/Ukraine crisis / The war in Ukraine: An ongoing debate
The provision of belligerent materials in the Russia-Ukraine conflict: Beyond the law of neutrality?
1. Introduction One of the distinctive features of the Ukrainian-Russian armed conflict is the open provision of lethal war materials, and eventually intelligence,[1] to Ukraine. This support has been provided by around 30 States, including a large majority of the EU Member States, plus Albania, Australia, Canada, North Macedonia, Turkey, United Kingdom, and the USA,[2]...
Science before international tribunals: Deference or distrust?
Introduced by Lucas Lima, Chiara Ragni The need for international courts and tribunals to deal with scientific issues is nowadays a reality primarily due to the expansion of international law towards new objectives, such as environmental or health protection. The effective regulation of these objectives depends on the acquisition of technical-scientific information. International rules...
