Blog Archive: January 2013

31 January 2013

SHARES News Items Overview: 16-31 January 2013

The SHARES Project has been closely following and collecting news items that are linked to the issue of shared responsibility (see: www.sharesproject.nl/news). We hereby introduce our second ‘SHARES News Items Overview’, a new category of blog posts consisting of a summary of recent news relating to shared responsibility. (more…)

26 January 2013

Responsibility for peace, and responsibility in war: on the military operation in Mali

It has been almost two weeks since France began a military intervention to help the Malian army fight Islamist groups controlling the north of the country. The operation — code-named ‘Serval’ — was sparked by the ‘serious deterioration of the situation’ in Mali, after successful offensives by extremists who managed to take over the city of Konna, ‘a frontier town that had been the de facto line of government control’. The action of France, coming about after months of lengthy negotiations attempting to resolve the crisis in Mali, has been overall welcomed by the international community, and reportedly relatively successful in pushing back Islamists. In terms of international law, the military operation raises a number of issues, two aspects of which this blog post will address: the responsibility for maintaining peace, and the responsibility during the conduct of war. (more…)

24 January 2013

Update – The Dutch Courts and Asylum at the ICC: From Shared Obligations to Obligations of No One

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…)

15 January 2013

SHARES News Items Overview: 1-15 January 2013

The SHARES Project has been closely following and collecting news items that are linked to the issue of shared responsibility (see: www.sharesproject.nl/news). We hereby introduce the ‘SHARES News Items Overview’, a new category of blog posts consisting of a summary of recent news relating to shared responsibility. (more…)

5 January 2013

Adjudicating Somali Piracy Cases – German Courts in a Double Bind

Cross-posted on the CJICL blog

On 19 October 2012, a court of first instance in Hamburg sentenced ten Somalis to prison in what was the first piracy case before German courts in over four hundred years (the decision has not yet been released but for a comprehensive press release of the court in German see: here). The acts of piracy took place on 5 April 2010 when the Somalis entered the German container ship “Taipan”, which was on its way from Haifa to Mombasa, with a distance of about 530 nautical miles from the Horn of Africa. The heavily armed Somalis intended to take the crew of the Taipan hostage and to hold them for ransom, but the crew fled into a hidden safe room and cut the ship’s energy supply. Shortly thereafter the Somalis were arrested by the Dutch frigate “Hr. Ms. Tromp”, brought to the Netherlands and handed over to Germany on 10 June 2010. The procedure began on 22 November 2010, and ended with prison sentences ranging from two to seven years for extortionate kidnapping (§ 239 (a) para. 1 of the German Criminal Code) and attacking sea transportation (§ 316 (c) para. 1 no. 1 of the German Criminal Code). (more…)

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