Articles and Other Commentary: July 2011

  • A new General Comment No. 34 by the UN Human Rights Committee analyzes restrictions on the right to freedom of opinion and expression as protected by Article 19 of the ICCPR – including laws prohibiting blasphemy, treason, terrorism, and defamation – and addresses governments’ obligations to provide access to information.
  • Roman Anatolevich Kolodkin, the UN International Law Commission Special Rapporteur on the immunity of State officials from foreign criminal jurisdiction has published its Third report on the subject, addressing procedural aspects of immunity (timing, invocation and waiver) and State responsibility.
  • Adam Tomkins, National Security and the Due Process of Law, CURRENT LEGAL PROBLEMS (2011) p. 1-39 examines the balance between national security concerns and procedural fairness under English law, with a closer look at special advocates and closed materials, as well as the cases of Binyam MohamedAl Sweady, and Al Rawi.
  • The latest issue of the Journal of International Criminal Justice includes a symposium on the influence of the European Court of Human Rights’ case law on international criminal law, with articles analyzing the intersections between international criminal law and human rights law and the bodies charged with enforcing each, and including articles focused on torture, criminal due process, punishment.  The issue also contains four articles on the topic of “National Prosecution of International Crimes: Cases and Legislation”.  J. INT’L CRIM. JUST. (2011) 9(3)
  • Jens David Ohlin proposes a normative framework for defining States’ use of targeted killings, based on such factors as the individual’s direct participation in hostilities and functional membership in a terrorist organization, in Targeting Co-Belligerents (July 15, 2011). TARGETED KILLINGS: LAW & MORALITY IN AN ASYMMETRICAL WORLD, Claire Finkelstein, Jens David Ohlin, Andrew Altman, eds., Oxford University Press, Forthcoming.

 

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