Advocate Supreme Court,

Supreme Court lawyer dealing with minority issues

Akdivar and Oothers v. Turkey, ECHR, 21893 93, judgement of 16 September 1996, paras. 55 77 in the oral hearing before the Court, a representative of the Government suggested that for the Court to accept the case would make it the court of first instance for south east Turkey.

Constitutional Court of South Africa, 2000 ICHRL 72.

Constitutional Court of South Africa, Case CCT 9 02.

Place of birth Kano City, Kano State of Nigeria

Jonathan I. Charney, Disputes Implicating the Institutional Credibility of the Court Problems of Non Appearance, Non Participation, and Non Performance, in the International Court of Justice at a crossroads 288 (Lori F. Damrosch, ed., 1987).

Supreme Court of Canada, 2 S.C.R. 1199, 1990 CanLII 45 (S.C.C.

Supreme Court of India, Writ Petition Civil No. 196 of 2001.

South African Court of Appeal 2002 (5) SA 721, 2002 10 BCLR 1033.

Court of Appeal of the United Kingdom, Ex Parte B Vol. 2 129.

Constitutional Court of South Africa, 1998 (1) SA 765 (CC), 1997 (12) BCLR 1696.

Comments on the Draft Statute (Ed. by Flavia Lattanzi), Naples, 1998.

Deputy Chairman president of the Criminal division Amsterdam Court, performing the chairman's functions in his absence.

1999 2000 Vice president Amsterdam Court. In the criminal division president of a full court, also dealing with major cases, and police magistrate.

Commonwealth Report of the Expert Group Meeting on Implementation of the Rome Statute of the International Criminal Court, 2004.

Lecture by Justice Niki Tobi, retired Justice of the Supreme Court of Nigeria, The exercise of legislative powers in Nigeria , 2002.

The International Criminal Court and National Jurisdictions, in The Rome Statute of the ICC. A Challenge to Impunity, Ashgate, Aldershot, 2001.

The Rome Statute of the International Criminal Court. Collection of Studies, vol. I (Ed. by Flavia Lattanzi and William Schabas), L'Aquila, 1999.

The Rome Statute of the International Criminal Court. Collection of Studies, vol. II (ed. by Flavia Lattanzi and William Schabas), L'Aquila, 2004.

G. Budlender, Advocate of the High Court of South Africa and member of the Cape Town Bar, interview of 25 July 2005.

La Conferenza di Roma sulla Corte penale internazionale. Problemi di giurisdizione (The Rome Conference on the International Criminal Court. Problems of Jurisdiction), ibidem.

Riflessioni sulla competenza di una corte penale internazionale (Some Remarks on the Competence of an International Criminal Court), in Rivista di diritto internazionale, 1993.

Chapter 14 Enforcement , The International Criminal Court, Elements of Crimes and Rules of Procedure and Evidence, Roy Lee (ed. ), Transnational Publishers, 2001, New York.

The case is currently before Alaska's Veteran's Court.

Vol. 68, pp. 181, 183 86 (1997) (analysing the effect of armed conflict on environmental treaties and the International Court of Justice Advisory Opinion on nuclear weapons).

The International Court of Justice has stated There is no doubt that, in the event of international armed conflicts the rules articulated in common article 3 constitute a minimum yardstick and they are rules which, in the Court's opinion, reflect what the court in 1949 called elemental considerations of humanity'. Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States), Judgement on the Merits, I.C.J. Reports, 1986, p. 14, at para.

Part 9 International Cooperation and Judicial Assistance , Commentary on the Rome Statute of the International Criminal Court Observers' Notes, Article by Article, Otto Triffterer (ed. ), Nomos Verlagsgesellschaft, 1999, Baden Baden.

7 Code of Judicial Ethics, adopted 9 March 2005 Official Journal of the International Criminal Court (document ICC BD 02 01 05).

Vol. 91, pp. 386 93 (1993) (discussing a case in the Supreme Court of Seychelles holding that an extradition treaty was suspended but not terminated by the Second World War).

Vol. 61, pp. 119, 268 71 (1991) (discussing the effect of armed conflict on treaties in the context of Judge Jennings's dissenting opinion in the International Court of Justice Nicaragua case).

See, in this regard, J. P. Cot, AFDI (1962), pp. 235 240, and H. Thirlway, The Law and Procedure of the International Court of Justice , BYBIL, vol. 60 (1989), pp. 47 49.

Judgment of 26 February 1986, Case 175 84, European Court Reports (1986), p. 753 at p. 768, para.

Inesistenza e nullità delle sentenze arbitrali in una pronuncia della Corte internazionale di giustizia (Inexistence and Nullity of Arbitral Awards in a Judgment of the International Court of Justice), in Rivista di diritto internazionale, 1992.

Justice Samson Uwaifo was a Justice of the Supreme Court of Nigeria, known for strongly criticizing corruption in the judiciary. The statement was part of the valedictory speech he made upon his retirement in January 2005.

Dai Tribunali penali internazionali ad hoc a una Corte permanente (From International Criminal Ad Hoc Tribunals to a Permanent Court), Roma, 15 16 December 1995, in Atti a cura di Flavia Lattanzi ed Elena Sciso, Editoriale Scientifica, Naples, 1996.

Richard Falk, The Iran Hostage Crisis Easy Answers and Hard Questions, 74 American Journal of International Law 411 (1980) (discussing the International Court of Justice ruling in Case Concerning United States Diplomatic and Consular Staff in Tehran on the effect of undeclared hostilities on consular relations treaties).

Upon completion, as Special Envoy of the Italian Ministry of Foreign Affairs, of a bilateral assessment mission to Tokyo (November 2001), proposed an EU experts cooperation mission in Japan (to facilitate the accession to and implementation of the ICC Statute), which was carried out in December 2002, and followed up in December 2004

For example, in England, in writing covers verbal agreements (see Zambia Steel v. James Clark, Court of Appeal , 2 Lloyd's Rep. 225, followed by Abdullah M. Fahem v. Mareb Yemen Insurance and Tomen, Queen's Bench Reports 2 Lloyd's Rep. 738, Yearbook of Commercial Arbitration, 1998, p. 789).

Georg Schwarzenberger, International Law as Applied by International Courts and Tribunals 71 74 (1968) (discussing the dissenting opinion in the North Atlantic Coast Fisheries case of 1910 before the Permanent Court of International Justice, arguing that commerce and communications treaties inconsistent with the duties of national defence or neutrality would be terminated by armed conflict).

836 1998 (release of the author of a complaint of unfair trial prior to completion of the sentence due to a finding by the Committee of an unfair trial and adoption of a law guaranteeing the right to review of a conviction and sentence by a higher tribunal) Filipovich v. Lithunania, case No.

Vol. 1, pp. 232 33 (1975) (discussing judgement of the Cassazione holding that the effects of war are limited to suspending and not terminating treaties unless the treaty becomes absolutely and finally impossible to carry out, and discussing the judgement of the Court of Appeal of Milan holding an extradition treaty to be terminated by the Second World War).

An example of an opt out clause can, for example, be found in CEDAW, art. 29(2), according to which a State Party may at the time of signature or ratification of the Convention or accession thereto declare that it does not consider itself bound by an obligation to refer, under certain circumstances, disputes between States parties, to the International Court of Justice.

See General general Comment comment No. 31, note 1, paras. 15 20 and Principle 19 of the Updated Set of Principles on impunity, note 5 supra, Principle 19. In recent years, the European Court of Human Rights has developed a significant body of case law on what is meant by the right to an effective remedy, most notably clarifying the characteristics of an effective investigation and the scope of the need to involve the victim in the process. see further

Twenty five years after the fall of the Berlin Wall, and more than a decade after the establishment of the International Criminal Court (ICC), shockingly little is being done to stop these abuses, and the prospects of the victims ever getting justice, let alone bringing the perpetrators to account, seem ever more remote.