Tag Archives: UK
13 May 2014
On 12 May, The Guardian reported that the British Ministry of Defence revealed that British officers are based on the US military base in Djibouti, from which drone strikes against presumed terrorists in Yemen are launched. According to the Minster of Defence Mark Francois, ‘[the three officers] work within the Combined Joint Task Force-Horn of Africa (CJTF-HOA) and are responsible for planning and supporting US military operations in the region. As embedded military personnel within a US headquarters they come under the command and control of the US armed forces, but remain subject to UK law, policy and military jurisdiction.’ (more…)
Source: The Guardian | UK troops working with US military at base for Yemen drone operations
Source: Human Rights Watch | A Wedding That Became a Funeral - US Drone Attack on Marriage Procession in Yemen | 2014
13 May 2014
Every year since the International Court of Justice’s 1996 Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, the UN General Assembly has adopted by a large majority a follow-up resolution. Each resolution reiterates that ‘the continuing existence of nuclear weapons poses a threat to humanity and all life on Earth’, and underlines ‘the unanimous conclusion of the International Court of Justice that there exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control’. The ICJ derived this obligation from Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), which provides that
[e]ach of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control.
On 24 April 2014 the Republic of the Marshall Islands (RMI) instituted legal proceedings before the ICJ against nine nuclear weapons possessing states: France, India, Pakistan, the United Kingdom, the United States, Israel, China, Russia and North Korea. (more…)
8 May 2014
In a decision of 2 May 2014, the British High Court of Justice held that the United Kingdom (UK) was responsible for the continued detention of an individual in Afghanistan, in violation of human rights law. The decision has already been commented on, notably here, here and here, focusing on the affirmation by the Court that the UK’s international human rights obligations applied to the non-international armed conflict in Afghanistan. This post will briefly address another important aspect of the decision, that of attribution of conduct.
The case was brought by Serdar Mohammed, an Afghan national who had been captured by British forces part of the NATO-led International Security Assistance Force (ISAF) in April 2010 on the suspicion of being a member of the Taliban. He remained detained without charges until July 2010, when he was transferred to Afghan authorities. He claimed compensation from the UK for a breach of his right to liberty under Article 5 ECHR.
Apart from finding that the detention was in breach of applicable human rights obligations, the Court engaged in a relatively extensive discussion of whether the disputed conduct was to be attributed to the UK (paras 158–187, pp 47–55), thereby adding a new stone to the debate on allocation of responsibility in international military operations. (more…)
25 April 2014
On 24 April, the Republic of the Marshall Islands filed lawsuits in the International Court of Justice (ICJ) against nine nuclear-armed states (the United States, Russia, Britain, France, China, Israel, India, Pakistan, and North Korea) for violations of international law regarding nuclear disarmament obligations according to the 1968 Nuclear Non-Proliferation Treaty (NPT) and customary international law. Under Article VI of the NPT, states are required to pursue negotiations ‘in good faith’ on nuclear disarmament and ending the nuclear arms race, of which the nuclear-armed states continue to ignore. While the original five nuclear-armed states are parties to the NPT (US, Russia, Britain, France, and China), the newer nuclear-armed states (Israel, India, Pakistan, and North Korea) are not parties to the NPT. However, these states are still bound by the nuclear disarmament provisions under customary international law. (more…)
Source: The Guardian | Marshall Islands sues nine nuclear powers over failure to disarm
Source: The Wall Street Journal | Marshall Islands Sues Nine Nuclear-Armed Powers
Source: Nuclear Age Peace Foundation | Pacific nation challenges nine nuclear-armed states in lawsuits before the world court
25 April 2014
UN Secretary General Ban Ki-moon accuses all parties in Syria’s civil war of obstructing the delivery of aid to civilians and urges the Security Council to take action to implement Resolution S/RES/2139 concerning Syria.
The UN Security Council resolution, that was unanimously approved in February, states that both Syrian government and opposition forces must allow aid convoys to reach civilians across the country. (more…)
Source: BBC | All parties in Syria blocking aid, say Ban Ki-moon
Source: BBC | Syria crisis: UN Security Council agrees aid resolution