Interview: Ms. Samira Sulejmanovic, Head of Unit for Bilateral Trade Relations, Bosnia & Herzegovina

Ms. Samira Sulejmanovic is the Head of Unit for Bilateral Trade Relations, Ministry of Foreign Trade and Economic Relations of Bosnia & Herzegovina. She oversees the negotiation and implementation of international agreements (trade and economic cooperation, FTAs and PTAs, bilateral investment promotion agreements) and monitors and studies the conditions and various phenomena in bilateral trade cooperation.Read More »

The Dog That Didn’t Bark: The curious silence of the UN Security Council on Omar Hassan Ahmad Al-Bashir

The Dog That Didn’t Bark[1]

by Neha Bhat

In March 2005, the UN Security Council (UNSC) referred the Darfur ‘situation’ to the International Criminal Court (ICC), making it the first referral of its kind. UNSC Resolution 1593 was adopted under Chapter VII of the UN Charter with 11 votes in favor,[2] and 4 abstentions.[3] The Resolution was hailed as a major step towards strengthening the fight against impunity for the ‘crimes against humanity’ committed in Darfur against the indigenous Fur, Zaghawa and Massalit tribes.

Pursuant to Resolution 1593, the ICC opened preliminary investigations into the Darfur ‘situation’ and on July 14, 2008, then ICC Prosecutor Luis Moreno-Ocampo filed an application for issuance of warrant of arrest for Omar Hassan Ahmad Al-Bashir (Al-Bashir), the sitting President of Sudan, before the Pre-Trial Chamber I (PTC I). The first warrant of arrest against Al-Bashir was issued by the PTC I on March 4, 2009 covering murder, torture, rape, and intentionally directing attacks against the civilian population. On a subsequent application filed by the Prosecutor’s Office, a second warrant of arrest against Al-Bashir was issued by the PTC I on July 12, 2010 on three counts of genocide.

Image Courtesy: International Justice ProjectRead More »

An Argument against the Customary International Law

By Sarthak Malhotra

Amidst the widespread recognition of custom as a source of International Law, there have always been echoes of those who deny that custom is signficant as a source of law.[1]While the importance of custom cannot be denied, it will also not be an exaggeration to say that the value of custom has decreased because of widespread codification of International Law.

27 May 1963, Fifteenth session of the International Law Commission, Palais des Nations.

Does this mean that Customary International Law is obsolete now ?

Professor Trachtman‘s reply is in affirmative.
Read More »