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ICC Prosecutor to Brief UN Security Council On Darfur Action

On Thursday afternoon, December 14, ICC Prosecutor Luis Moreno-Ocampo will brief the United Nations Security Council on his intention to initiate the ICC’s first case against “individuals allegedly responsible for war crimes and crimes against humanity in Darfur.”  At the briefing, the Prosecutor will present the findings of his “nearly completed investigation” of the situation in Darfur, and will set out the next steps he intends to take.

See http://www.icc-cpi.int/press/pressreleases/215.htmlÂ

Digest

European Court Annuls an Anti-Terrorist Measure Implementing a SC Resolution

In Organisation des Modjahedines du peuple d’Iran v Council, the European Court of First Instance annulled a EU common security and foreign policy freezing assets in the UK of an Iranian organization established in France. The decision was adopted as a measure to combat terrorism pursuant to UN Security Council Resolution 1373. According to the Court the EU did not adequately state reasons for the adoption of the decision, and violated the applicant’s right to fair hearing. The EU is considering appealing before the European Court of Justice. For more information see here.

Digest

Anti-Personnel Mines Case Decided by ECtHR

In its 12 December decision in the case PaÅŸa and Erkan Erol v. Turkey, the ECtHR unanimously held the Turkey responsible for violating the applicants’ right to life under Article 2. The Turkish government had laid anti-personnel mines in proximity of the applicants’ village, in a place previously used for grazing. When nine-year old Erkan and other children entered to gather their sheep, all were wounded by the explosion of one of the mines. The court explicitly noted that Turkey had failed to take the necessary measures to prevent innocent civilians from entering the area.

More information here.

Digest

ECtHR Upholds British Inheritance Tax

In a 4-3 decision, the ECtHR has upheld the legality of the tax preferences given to married and civil partnership couples by the United Kingdom. The applicants in Burden and Burden v. the United Kingdom were two sisters who have lived together all their lives. Each has executed a will leaving property to the other sister. In order to inherit, however, the survivor will have to pay an inheritance tax. The applicants noted that property passing to a spouse or civil partner is exempt from this charge, and argued that this differential treatment is discriminatory under Article 14 of the European Convention on Human Rights. The Court denied the petition, finding Britain’s policies justifiable. For more information see here.

Digest

INSEAD President Calls for Implementation of Global Energy Policy

Oliver Giscard d’Estaing suggests that a global energy policy is needed to balance out the disparity of need between rich and poor countries. His proposal envisions a two-tier price system for oil, mandating lower prices for poor countries that are net importers. This system would be based on country-specific quotas informed by comprehensive analysis of the oil market at national, regional, and international levels.

http://www.unctad.org/Templates/Page.asp?intItemID=4018&lang=1

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