Blogposts by Emma Irving
Emma is a PhD candidate in the SHARES Project. The topic of her research is shared responsibility under international law for the protection of persons who appear before international criminal tribunals. Emma has a BA in Law from the University of … Read more
7 April 2014
With Malaysia Airlines Flight MH370 being officially declared lost at sea, and as the international search efforts hone in on the location of the aircraft, it is time to asses not only what this teaches us about aviation safety, but also the consequences of shared responsibility for international search and rescue operations.
Malaysia Airlines Flight MH370 went missing on the 8th March, losing communication around an hour after taking off from Kuala Lumpur on route to Beijing. The fact that the airplane was missing for a number of hours, and that its communication devices were mostly switched off, meant that from the outset it was unclear where it might have come down, if indeed it had come down at all. The initial suggestions were that the plane was off the coast of Vietnam, or further out in the China Sea. This was followed by information that it had made a sharp turn towards the Straight of Malacca, and thereafter might have followed either a broad northern or southern corridor. (more…)
28 October 2013
ICC, © http://www.denhaag.nl/
In October 2012 and January of this year the SHARES blog posted about the situation of Congolese witnesses detained at the International Criminal Court (ICC) in The Hague. Their detention continues, and while the resolution of their legal status is one step closer, it is also as illusive as ever, due to a decision of the Amsterdam District Court.
A detailed background to the situation can be found here, but can be briefly summarised as follows. Four individuals, detained in the Democratic Republic of the Congo (DRC) on charges relating to the on going armed conflict in the country, were transferred to the ICC detention unit in May 2011 in order to give evidence as witnesses. (more…)
3 April 2013
While many have speculated as to why Ntaganda decided, after so many years, to hand himself in, what is interesting from the perspective of shared responsibility under international law is the ease with which he was transferred to the International Criminal Court (ICC). The situation was fraught with potential legal complications, given that it involved multiple international actors with the potential power to prevent the transfer. Despite this, Ntaganda was seamlessly handed over to the ICC within 5 days.
Bosco Ntaganda is a suspected warlord and key figure in the conflict in the eastern Democratic Republic of Congo (DRC). The ICC has issued two arrest warrants against him, one in 2006 and the other in 2012, for international crimes including rape, murder and the recruitment of child soldiers. The arrest warrants concern crimes committed in 2002-2003, however he has continued to be active in the region. More recently Ntanganda is thought to have headed the M23 rebel group, which took the DRC city of Goma last November. (more…)
24 January 2013
In October 2012, the SHARES Blog carried a post that discussed a September Dutch Court decision concerning the on-going asylum situation at the ICC. Since then there are have been two important developments: the matter has been taken to the European Court of Human Rights (ECtHR) and the original Dutch decision has been overturned on appeal. (more…)
8 October 2012
On 27 September 2012, the District Court of The Hague handed down this important decision in an ongoing situation regarding three detained witnesses of the International Criminal Court (ICC) who have sought asylum in the Netherlands. The decision raises a number of fundamental issues concerning the relationship between ICC jurisdiction as opposed to the Netherlands jurisdiction, as well as important human rights issues. (more…)