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1. The Effects of COVID-19 For Refugees and Asylum Seekers in the European Union

Author:
Romy De Niet
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
The global COVID-19 pandemic (COVID-19) has disrupted the status quo in member states of the European Union (EU). With a halt on public events, closed schools, and people working from home, the lives of many have changed in a short amount of time. Refugees and asylum seekers are among the world’s most vulnerable populations, and are likely to be disproportionately affected by the pandemic. This blog post elaborates on the different ways EU member states deal with the COVID-19 crisis and the consequences for refugees and asylum seekers. Discussed are the effects of the pandemic on the processing of asylum applications, the right to health, and rescue at sea. The blog post further discusses how the practises of these states relate to international law.
Topic:
European Union, Refugees, Asylum, Pandemic, and COVID-19
Political Geography:
Europe

2. Domestic Prosecution of International Crimes

Author:
Cleo Meinicke
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
In October 2018, the Bosnian state court indicted a former soldier of crimes against humanity for his involvement in the murder and enforced disappearance of civilians in the Kljuc area. In September of that year, a German court convicted Ibrahim Al F. for war crimes committed in Syria and in the same month a military tribunal in the Democratic Republic of the Congo found two military commanders guilty of crimes against humanity committed in the villages of Kamananga and Lumenje (South Kivu). These are just three recent examples of domestic efforts in the prosecution of those responsible for international crimes. Based on the complementarity principle of the International Criminal Court (ICC), where states are “unwilling or unable” to prosecute international crimes, the ICC may step in to prosecute those most responsible for the commission of the crimes under its jurisdiction, namely genocide, crimes against humanity, war crimes, and the crime of aggression. However, out of 28 cases before the Court since its inception in 2001 only three resulted in successful convictions. Several suspects were acquitted after lengthy proceedings, of which Gbagbo and Blé Goudé are the latest examples. Therefore, the ICC should be regarded as a last resort while domestic courts carry the main responsibility to prosecute those responsible for international crimes.
Topic:
Crime, International Law, Crimes Against Humanity, and International Criminal Court (ICC)
Political Geography:
Africa, Europe, Germany, Democratic Republic of Congo, and Bosnia and Hercegovina

3. The Legal Aspects of the MH17 Disaster: What Next?

Author:
Emma Bakkum
Publication Date:
06-2017
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
The most often discussed legal avenue is criminal law, under which individual perpetrators can be held accountable for the crimes they committed. Not only those directly responsible but also those who ordered, conspired to or aided and abetted the shooting down of MH17 can be held responsible. These individuals can be prosecuted both at the national level in domestic courts or at the international level, at the International Criminal Court (ICC) or a specially established tribunal. Criminal law, however, requires a high burden of proof. Not only needs to be proven that an individual has committed a criminal act but also that the individual did so with the required knowledge and intent, making it difficult to prosecute individuals. Under the circumstances of the MH17 situation, investigations are strenuous. Jeroen Akkermans, who was one of the first investigative journalists present at the crash site, underlined the problems with gathering evidence.
Topic:
Crime, Law, Legal Theory, and International Criminal Court (ICC)
Political Geography:
Europe, Malaysia, Ukraine, and Asia

4. Unbreakable Bond: Serbs and Kosovo

Author:
Vladimir Matic
Publication Date:
10-2003
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
Nationalism remains a potent force in Serbia, strongly affecting the politicking within the political elite regarding final status issues in Kosovo. The democratic forces are not immune from Kosovo-related nationalism and have at times adopted hardline positions to diminish their vulnerabilities in the political struggle. Since the end of the Kosovo war the West has done nothing to dispel the perception in Belgrade that Serbia's legal claim of sovereignty over Kosovo remains valid in principle and of equivalent standing as an issue “on the table” with Kosovo Albanians' insistence on independence in the prelude to negotiations. Belgrade ignores the fact that, with virtually no Albanians in Kosovo willing to work with them, they have no Albanian partners in pursuing this goal. Kosovo Serbs also display considerable mistrust of Belgrade's concern for their interests. The EU and UNMIK have attempted to create a framework for progress on the issue, but success will hinge on the willingness of the United States to exercise diplomatic leadership to resolve the deadlock.
Topic:
Democratization, Government, and Politics
Political Geography:
United States, Europe, Kosovo, Serbia, and Albania

5. Reversing the Decline in the Balkans: Recommendations for Western Policy

Publication Date:
10-2003
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
The results of Serbia's December 2003 parliamentary elections accelerated concerns that the situation in the Balkans is seriously deteriorating. On 2 March 2004 the Public International Law Policy Group and The Century Foundation convened a roundtable of sixteen people deeply involved in Balkan issues from the region, Europe, and the United States to review the general situation in the Balkans and examine the approach of the United States and European Union (EU) to the region.
Topic:
Foreign Policy, Politics, and Sovereignty
Political Geography:
United States, Europe, Serbia, and Balkans

6. Serbia After Djindjic: Can Invigorated Reforms Be Sustained?

Author:
Vladimir Matic
Publication Date:
10-2003
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
The assassinated prime minister of Serbia, Zoran Djindjic, appears to have won in death much of what he could not achieve in life. His concept of Serbia's way out of the domestic political and economic crisis through reform and membership in a democratic Europe has prevailed over one representing the past; Serbia is finally open to cooperation with the world. But the national consensus he was dreaming about does not yet exist. The prevalence and reach of networks of organized crime and corruption limit prospects for significant further structural change and more serious consolidation of the rule of law. The Serbian people have put aside for the moment their infatuation with radical nationalism rather than exorcising it from their society and intellectual culture. The success of such reform as has been implemented is far from secured. For the time being the joint efforts of the leading pro-democratization parties of Serbia and Montenegro have brought about the beginning of long-postponed changes in the army and initiated far-reaching reforms. This allows continuation of reforms in Serbian services and strengthening of the basic institutions of democracy. If continued, expanded and intensified, this course will take both Serbia and Montenegro irrespective of the final destiny of their Union closer to democracy and to the European Union and the United States.
Topic:
Democratization, Government, and Politics
Political Geography:
United States, Europe, and Serbia

7. Achieving a Final Status Settlement for Kosovo

Author:
Janusz Bugajski, R. Bruce Hitchner, and Paul Williams
Publication Date:
08-2002
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
On November 19, 2002, the Center for Strategic and International Studies (CSIS), the National Albanian American Council, and the Dayton Peace Accords Project held a one-day conference in Washington, D.C., at CSIS, entitled “The Future of Kosovo.” The conference was attended by U.S. policymakers, congressional representatives, regional specialists, nongovernmental organizations (NGOs), business leaders, journalists, as well as key activists and analysts from Kosovo. The vital question of Kosovo's emerging status was discussed openly with a view to producing a subsequent report offering concrete recommendations to the U.S. administration, U.S. legislators, and major international organizations on the question of Kosovo's future status.
Topic:
Democratization, Government, and Politics
Political Geography:
America, Europe, Washington, Kosovo, and Albania