About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

4 Hague Just. J. 1 (2009)

handle is hein.journals/hgejcejl4 and id is 1 raw text is: EDITORIAL The State of International Law in The Hague: Much Activity at the International Court of Justice and Some Reflection on Other Matters Harry Post* In the last six months the International Court ofJustice (ICJ) has renderedjudgments in three cases. This issue of the Hague Justice Journal provides reflections on the Court's decision of 18 November 2008 on the Preliminary Objections raised by Serbia in the case brought against it by Croatia. Furthermore, on 19 January 2009, the ICJ delivered its Judgment on the Merits in a case brought by Mexico against the United States, and on 3 February in a maritime case between Romania and Ukraine. Both latter judgments are also commented upon, below. This issue contains two longer articles.The first one is a lengthy and 'daring' reflection on the development of international humanitarian law and international criminal law, notably on the origins of Crimes against humanity and the crime of Genocide. The second article is a critical and imaginative examination of 'situational gravity' as a central criterion for the choice of crimes to Prosecute before the International Criminal Court (ICC). Serbia had raised several Preliminary Objections in the case Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia). Several of these objections concerned (again) the Serbian legal identity. As Wouter Werner argues below: 'The Court's judgment can be read as yet another episode in the continuing saga on the international legal position of Serbia.' Did Serbia actually have legal standing to act in the proceedings against it? Not too surprisingly the Court found that it had jurisdiction. It acknowledged that at the time Croatia submitted its Application in the case, Serbia's predecessor, the Federal Republic of Yugoslavia (FRY), was not a member of the United Nations and, hence, 'formally speaking' Croatia could not have brought its case. However, within a year the FRY had become a UN member, making the application perfectly possible. The ICJ argued that it should show 'realism and flexibility' here because Croatia could have brought its case a year later. The Court then turned to the most important of Serbia's Preliminary Objections: could Serbia be considered a Party Harry Post is General Editor of the HJJ-JJH and Editor-in-chief of the Hague Justice Portal. HAGUE JUSTICE JOURNAL / JOURNAL JUDICIAIRE DE LA HAYE, VOL. 4, NO. 1 (2009), PP 1-4. 0 HARRY POST 2009.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most