Research Briefing
If Scotland became independent, would it automatically remain a member of the European Union (EU) – or would it have to go through the whole accession process for new Member States, either alone or alongside the rest of the UK?
Research Briefing
Disillusioned with the US-led peace process, Palestinian leaders are seeking a UN resolution in September 2011 in favour of Palestinian statehood. The political implications of such a resolution are likely to be bigger than its legal ones. But despite the momentum gained by the Palestinian proposal, it is possible that external and internal opposition could delay the initiative.
Research Briefing
As the International Criminal Court (ICC) moves towards opening its fourth trial, its jurisdiction is being widened and its most public face, the ICC Prosecutor, is about to be replaced at the end of his term.
Research Briefing
Denmark has invoked Declaration No. 25 TEU in support of the whaling activities of its territories, Greenland and the Faroe Islands. Denmark’s reliance on this Declaration at the International Whaling Commission (IWC) has prevented the EU from presenting a more united stand on whaling issues at the IWC.
Research Briefing
The US government has asserted that by killing Osama bin Laden on 1 May 2011, justice has been done. Its view is that the killing was clearly lawful. But the nature, timing and location of the killing have raised various questions under international law. The killing also has possible implications for future policies towards al-Qaeda as well as Libya and other countries.
Research Briefing
In July 2010 the International Court of Justice (ICJ) found that Kosovo's declaration of independence on 17 February 2008 did not breach international law. The legal scope of the Opinion is extremely narrow, but its political implications could be very wide.
Research Briefing
What the rules of engagement are in Libya, and how far coalition forces are allowed to go in protecting the civilian population are highly controversial. This note looks briefly at some of the current questions.
Research Briefing
This note briefly describes the Wreck Removal Convention Bill 2010-11; a Private Members' Bill sponsored by Dr Thérèse Coffey MP. The Bill provides measures to enable the United Kingdom to ratify and implement the International Convention for the Removal of Wrecks. It would insert new sections and a Schedule into the Merchant Shipping Act 1995.
Research Briefing
Before 2010 the UK Parliament had no formal role in the ratification of treaties, which is a matter for the Government under the Royal Prerogative. There were however several ways in which treaties were scrutinised by Parliament before the Government ratified them, for example under the 'Ponsonby Rule'. There have been calls for Parliamentary scrutiny of treaties to be enhanced, including through creating a dedicated treaty scrutiny committee.
Research Briefing
Summary of the attack on the flotilla, arguments surrounding its legality, the Israeli investigations into the raid and its political outcome
Research Briefing
In order to make sense of Sudan's present and possible futures, it is vital to know something of its recent past. This is the purpose of this Standard Note, which provides a detailed account of events in Sudan, including their regional impact, between 2003 and 2009. It will not be updated.
Research Briefing
The UK has universal jurisdiction under the Geneva Conventions Act 1957 (and other legislation) for a limited number of serious international crimes. It also has an obligation under international law to prosecute or extradite those suspected of war crimes or torture anywhere in the world. There are few such prosecutions in the UK but arrest warrants have been sought for private prosecutions. The Government is consulting on a change to the law on private prosecutions for universal jurisdiction offences, and the UN is conducting a review of the scope and application of the principle of universal jurisdiction.
Research Briefing
The military campaign in Afghanistan was not specifically mandated by the UN, but was widely (although not universally) perceived to be a legitimate form of self-defence under the UN Charter. This note outlines the self-defence justification for military action.
Research Briefing
This note is intended to offer a brief overview of the current work of the International Criminal Court (ICC) and the contemporary debates which surround it.
Research Briefing
Camp Ashraf in Northern Iraq houses members of the People Mujahedin of Iran. These people were regarded as 'protected persons' under the Fourth Geneva Convention when Ashraf was under US control. On 1 January 2009 control of Ashraf passed fom the US to the Iraqi Government, and concerns have been raised about how its inhabitants will be treated.
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