Mischa Gureghian Hall

Who’s Afraid of Human Rights in War? (Part I)

My original piece available (in two parts) here: voelkerrechtsblog.org/whos-afraid-... and here: voelkerrechtsblog.org/whos-afraid-...

Happy to see my piece in @voelkerrechtsblog.org on the application of the ECHR during armed conflict and its interaction with IHL in the ECtHR's Narayan v. Azerbaijan case cited in the @yearbookofihl.bsky.social's Year in Review section.
link.springer.com/chapter/10.1... (paywall, unfortunately)

Excited to announce the publication of my article on the war crime of outrages upon the personal dignity of the dead in the International Review of the Red Cross (@icrc.org & @cambridgeup.bsky.social)! Hope you take a read—comments and feedback are very welcome!
www.cambridge.org/core/journal...

#ICC Pre-Trial Chamber I has initiated non-compliance proceedings against #Hungary under Art 87(7) regarding its failure to arrest PM Netanyahu earlier this month, requesting submissions on its failure to comply with the Court's request for cooperation.
www.icc-cpi.int/sites/defaul...

The ADC-ICT and ICCBA (@iccba.bsky.social) have also requested to file amicus briefs in Robinson's appeal of the contempt decision, underscoring the importance of this case to the future of the intl crim defence profession as a whole

ucr.irmct.org/Search/Previ...

ucr.irmct.org/Search/Previ...

In my opinion, the case certainly doesn't seem suitable for referral. The IRMCT's preference for referring contempt cases to national jurisdictions should certainly yield in this case, as it did in Turinabo et al.

Interesting development in the contempt proceedings against Peter Robinson before the #IRMCT. The Amicus Prosecutor requests a trial before the Mechanism rather than a referral to a national jurisdiction (such as Rwanda or the USA)
ucr.irmct.org/Search/Previ...

The Appeals Chamber's decision on this question will have a significant effect on all future compensation proceedings

Rather than finding that the appeal falls within the scope of Art 82(1)(d), the Chamber chose to defer the question to the Appeals Chamber in light of what it characterized as conflicting jurisprudence on the matter

While this is the specific issue the Chamber certified, the appeal proceedings also raise a broader preliminary question—the appealability of decisions denying compensation claims in the first place

Last week, a special Art 85 Chamber of the #ICC granted leave to Maxim Mokom to appeal its denial of his compensation claim (short thread)
www.icc-cpi.int/court-record...

Al Hassan Symposium – A Disappointment for the Victims of Sexual and Gender-Based Violence in Timbuktu - Lieber Institute West Point This post focuses on the judgment’s approach to sexual and gender-based violence, including gender persecution.

Must read! "#AlHassan Symposium – A Disappointment for the Victims of #SGBV in Timbuktu" by @leilasadat1.bsky.social

The judgment is "fractured by multiple opinions, lacking legal clarity & ..approaches the charges of SGBV without understanding the context" #ICC lieber.westpoint.edu/disappointme...

Overfocusing on Prosecuting Aggression Risks Impunity for Ukraine’s Swelling Dock of Alleged War Criminals [Mischa Gureghian Hall (X: @MischaGHall) is a Keck Research Fellow at the University of California, Los Angeles, researching international criminal justice and its intersections with internati…

Thank you @opiniojuris.bsky.social for publishing this piece of mine emphasizing the issue of the mammoth war crimes caseload before Ukrainian domestic courts. Comments welcome! opiniojuris.org/2024/02/07/o...

The failure of PMs in Bosnia v Serbia should, rather than a precedent, be cautionary as to the consequences of law failing to meet the moment, of an already genocidal military campaign receiving overly reserved and conservative treatment out of a deference to sovereignty (3/3)

The most egregious oversight here is that the ICJ’s PM order in Bosnia v Serbia came in late 1993, less than two years before genocide took place at Screbenica in July 1995. This is an argument *in favor* of a PM ordering Israel ceasing military action … (2/3)

A brief thread: At the ICJ, Israel argued that the Court not indicating provisional measures (PMs) on the cessation of military activities Serbian military activities in Bosnia v. Serbia should guide the Court to similarly decline to indicate such a PM in South Africa v. Israel … (1/3)

I think Stefan Talmon’s “genocidefare” tweet was a de facto audition for the team

153-10-23 - Ceasefire Now