Vortrag: Human Rights, Buisness and Gender

Die Professur für Öffentliches Recht und Völkerrecht lädt herzlich ein zu folgendem Vortrag im Rahmen des von der JLU-Frauenbeauftragten geförderten „Comparative Legal Gender Studies-Network (CoLeGe§-Net): Die Emilie Kempyn-Spyris der Vergangenheit, der Gegenwart und der Zukunft":

Human Rights, Business and Gender: some thoughts on gender impacts in the private security, garment and extractive sectors

von Dr. Sorcha MacLeod (Lehrbeauftragte an der Freien Universität Berlin/an der Hochschule für Wirtschaft und Recht Berlin).

 Im Anschluss an den Vortrag besteht selbstverständlich die Gelegenheit zur Diskussion. 
Die Veranstaltung findet am Mittwoch, 21.06.201712:15-13:45 Uhr 
in Hörsaal 44, Licher Straße 68, 35394 Gießen,
statt.

Nähere Informationen zum Vortrag finden Sie hier.  Aus organisatorischen Gründen bitten wir bei Interesse um eine Anmeldung bis Montag, 19.06.2017 unter Ayse.M.Boehringer@recht.uni-giessen.de.

Harvard World Model United Nations 2018

From March 12 - March 16, 2018 the Harvard WorldMUN Conference will be hosted in Panama. Here you can find more information about the application.

The application deadline is August, 15, 2017

Harvard World Model United Nations 2017

From March 13 - March 17, 2017 the Harvard WorldMUN Conference will be hosted in Montréal/Canada. Here you can find more information about the application.

The application deadline is September 15, 2016.

Public International Law lecture on 2 May 2016: Prof. Dr. Vec talked about the emergence, interpretation and reform of the Prohibition of the Use of Poison in Art. 23 lit a of the 1907 Hague Regulations (HR)

The Department of Public Law and International Law had invited to a presentation of Prof. Dr. Miloš Vec on “Military Necessity before International Law? Emergence, interpretation and reform of the Prohibition of the Use of Poison provided in Art. 23 lit a HR” on the evening of 2 May 2016. Mr Vec is Professor at the Department of European Legal and Constitutional History at the University of Vienna and an eminent expert of the history of International Law. Hence the University of Giessen was very pleased to welcome him.

More Information ->

The Extraordinary Chambers in the Courts of Cambodia - Assessing their Contribution to International Criminal Law - International Criminal Justice Series

Editor: Simon M. Meisenberg , Attorney-at-Law, Aachen, Germany
Editor: Dr. Ignaz Stegmiller, Franz von Liszt Institute for International and Comparative Law, JLU Gießen, Germany

Details:
Published: April 2016 
Pages: XVIII, 612 
Publisher: T.M.C. ASSER PRESS 
ISBN: 978-94-6265-104-3 
E-ISBN: 978-94-6265-105-0 
Formats: Hardcover, eBook and online on SpringerLink 

This book is the first comprehensive study on the work and functioning of the Extraordinary
Chambers in the Courts of Cambodia (ECCC).
The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC’s hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for
international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions of trying frail accused and the admission of torture statements into evidence.
Simon M. Meisenberg is an Attorney-at-Law in Germany. Formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is the Coordinator for the International Programs at the Franz von Liszt Institute, University of Giessen, Germany. Formerly he was a Legal Advisor to a human rights organization in Cambodia.

 

Professor Thilo Marauhn Senior Fellow at the Research Group „The International Rule of Law - Rise or Decline?“

From 1 April 2016 until 30 June 2016 the Berlin Potsdam Research Group "The International Rule of Law - Rise or Decline?" hosts Professor Thilo Marauhn as Senior Fellow. The Research Group, chaired by Professor Georg Nolte (Humboldt University Berlin) examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values, or are we, to the contrary, rather facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? Professor Thilo Marauhn will pursue a project on compliance with the law of armed conflict: "When and why less (values) is more (effective law): - a critical reflection on current debates to advance compliance with international law in situations of armed conflict“.

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Limits of the Federal Constitutional Court in the European integration process

The European integration process has become the biggest institutional challenge facing Germany’s Federal Constitutional Court. Sven Simon analyses the limits on the jurisdiction of the Court and outlines the constitutional framework for future decisions.

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INVITATION TO LECTURE

 „CURRENT ISSUES OF INTERNATIONAL HUMANITARIAN LAW FROM THE PERSPECTIVE OF THE FEDERAL FOREiGN OFFICE"

from Oliver Fixson,
Head of the International Law Unit in the department of the Foreign Ministry.

More Information ->

Sven Simon was awarded with the Dr Herbert Stolzenberg Prize

Sven Simon was awarded with the Dr Herbert Stolzenberg Prize for his post-doctoral degree (Habilitation) with the title „Grenzen des Bundesverfassungsgerichts im europäischen Integrationsprozess“ (Limits of the Constitutional Court in the European integration process). The Prize is endowed with 3,000 Euros, donated by the Dr Herbert Stolzenberg Foundation.

More information (in German only) →

Investigation against U.S. airstrikes by IHFFC?

The U.S. airstrikes on a Doctors Without Borders hospital in northern Afganistan in the city of Kunduz has been brought to the attention of the International Humanitarian Fact - Finding Commission (IHFFC).

For details, see Article -> The Kunduz Hospital Attack: The Existence of a Fact-Finding Commission 

For details, see Article -> Fact-Finding Group Ready to Probe Deadly Kunduz Airstrike 

 

Seminars on „Legal aspects of international security“.

We invite you to visit the following seminars:

Tuesday, 23. June 2015, 18 Uhr c.t., HS 002, Licher Straße 68

Prof. MARKUS WAGNER / University of Miami

„Autonomous Weapon Systems meet the Convention on Certain Conventional Weapons: Legal and Political Challenges“

 

Tuesday, 30. June 2015, 16  c.t., HS 002, Licher Straße 68

Dr. FERNANDO LUSA BORDIN / University of Cambridge
„The UN Charter's Potential for Evolutionary Interpretation: Self-Defence against Non-State Actors in Light of Post 9/11 State Practice“

Friday, 10. July 2015, 09 c.t., HS 002, Licher Straße 68
Prof. CHARLES GARRAWAY / University of Essex
„The Indian Army in Mesopotamia. Forgotten Prisoners, Forgotten Army, Forgotten War.“

More Information ->

Harvard World Model United Nations 2016

From 14. - 18. March 2016 the Harvard WorldMUN Conference will be hosted in Rome/Italy. Here you can find more information about the application.

The application deadline is Juli 15th, 2015.

34. Zweijahrestagung der Deutschen Gesellschaft für Internationales Recht

Sehr geehrte Damen und Herren,

es ist uns eine besondere Freude, Sie zur 34. Zweijahrestagung der Deutschen Gesellschaft für Internationales Recht vom 11. bis 14. März 2015 an der Justus-Liebig-Universität Gießen begrüßen zu dürfen. Auf unserer Website finden Sie alle Informationen über die Tagung. Gerne stehen wir Ihnen zur Beantwortung Ihrer Fragen auch persönlich zur Verfügung. Wir freuen uns auf Ihre Teilnahme!

Herzlich willkommen und freundliche Grüße
Prof. Dr. Thilo Marauhn

Allegations of genocide against Serbia and Croatia not confirmed

Neither Serbia nor Croatia had the intent to commit genocide in the Balkans. At least that is what the ICJ decided. What can we infer from this judgment? Questions and answers by Dr. Ignaz Stegmiller.

Interview →

International Workshop on the Establishment of Constitutional Courts

The Franz von Liszt-Institute in cooperation with the Konrad-Adenauer-Stiftung organized an international workshop on „Establishing Constitutional Courts: Drivers of Democracy or Government of Judges?“. It took place in Giessen from 24-26 October 2014. Over 30 scientists, ministers, constitutional judges and further experts from nine African states as well as Germany, France and the USA came together to discuss the role and the challenges of constitutional courts in particular on the African continent.

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Katrin Merhof awarded with the Prize for Excellence in Applied Development Research

The Research Committee on Development Economics and the KfW Entwicklungsbank awarded Katrin Merhof's doctoral thesis on the international and national protection of labor rights in the Colombian flower industry with the "Prize for Excellence in Applied Development Research". The prize honors innovative and interdisciplinary research that combines a high scientific standard with practical relevance.

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Best prosecution memorial at the Nuremberg Moot Court 2014

From 1 – 2 August 2014 the international Nuremberg Moot Court in International Criminal Law was held in the historical chamber 600 of the Justizpalast in Nuremberg. We are very happy to announce that the mixed team from Justus Liebig University Giessen and Philipps University Marburg has won the award for the best prosecution memorial.
Special thanks go out to Dr. Ignaz Stegmiller and Marie Scheffler, who over several months spent time to prepare the team for the event. 

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Interview with Sven Simon on Western Sahara

Western Sahara is the last remaining colony in Africa. Formerly the Spanish colony of Spanish Sahara, Western Sahara is a disputed territory claimed by both the Kingdom of Morocco and the Polisario Front. It is listed by the United Nations, as a non-decolonized territory and is thus included in the United Nations List of Non-Self-Governing Territories (Art. 73 UN-Charter). In order to resolve the sovereignty issue, the UN has attempted to hold a referendum, and is holding direct talks between the Kingdom of Morocco and the Polisario Front.

Sven Simon has visited the occupied territory as well as the refugee camps next to Tindouf (Algeria) and given an interview to Christina Teuthorn Mohr from the Bayerischer Rundfunk (Bavarian Broadcasting, BR). In a report from Mounia Meiborg the long lasting conflict is further explained (Report in German).

Harvard World Model United Nations 2015

From March 16 - March 20, 2015 the Harvard WorldMUN Conference will be hosted in Seoul/Republic of Korea. Here you can find more information about the application.

The application deadline is September 1, 2014.

The International and National Protection of Labor Rights in Colombia's Flower Industry

The discrepancy between law and reality is a characteristic not only, but in particular of developing countries. In her doctoral thesis, Katrin Merhof uses the example of Colombian labour law and its implementation in the flower industry to analyse this discrepancy. She takes a closer look at the role of international, constitutional and sub-constitutional law and at the national and international actors who influence the legal situation of employees in the respective sector.

More information →

Legal Developments in Civil Party Participation at the Extraordinary Chambers in the Courts of Cambodia

For the first time in the history of international criminal justice, victims of mass crimes have been granted the status of so-called ‘civil parties’ at the Extraordinary Chambers in the Courts of Cambodia (ECCC). This status grants them – at least theoretically – the right to participate in the proceedings as a formal party with broad participatory rights similar to the those of the defence and the prosecution. While the ECCC is exemplary in how it has addressed the issue of victims’ participation, practical necessities and judicial skepticism have led to significant changes in the civil party mechanism and continuously constrained participatory rights. Ignaz Stegmiller addresses these issues in his new article in the Leiden Journal of International Law .

journals.cambridge.org/action/displayAbstract

JLU students received Special Delegates Awards

The delegation of the JLU Giessen successfully took part in the Geneva International Model United Nations 2014 (GIMUN). The four delegates, who represented France, Canada, Nigeria and the Union of South American Nations in different committees, discussed the issue of "Access to Energy". Lea Gleixner and Paul Hahne got awarded a Special Delegates Award, a huge success for the delegation. The project got supported by the Law Faculty of the JLU, the Department of Public Law, International Law and European Union Law (Prof. Dr. Thilo Marauhn) and the Giessen Model United Nations Association (GiMUN e.V.).

Continue reading (in German only) →

Crimea crisis, international law and the United Nations task

Sven Simon argues that the referendum on independence in Crimea was contrary to both international and Ukrainian law. When President Putin argues that the Russian Federation has a right to use any means necessary to protect the Russian minority in Ukraine his reasoning parallels the rubric of “Responsibility to Protect” (R2P). In Simon’s view this shows the risk of abuse when creating exemptions from the Charter prohibition of the threat or use of force.
After Russia has finalized the “legal process of taking Crimea under its sovereignty” the international community has to deal with this new factual situation. Now it is the United Nations task to uphold peace and security in the region. In this vein, Simon argues that sending UN-observers and building a platform for dialogue between Kiev and Moscow are the most effective means to prevent further escalation.

Published on 21 March 2014 at www.dgvn.de (German only)

Working Papers on Judicial review and democratization in francophone West Africa

The Working Papers on Judicial review and democratization in francophone West Africa are the product of current research in the project under the same name. The first four papers explore the development of the constitutional courts and councils in Burkina Faso, Mali, Senegal and Togo. Based on a standardized questionnaire, the authors analyze the historical and political context of the development of specialized constitutional review mechanisms in the region and provide an overview of their institutional set-up and competences. Finally, the papers include in-depth analysis of the jurisprudence of the constitutional courts and councils in the four countries. This allows the authors to evaluate the contribution of judicial review to the process of democratization in the region. The focus is on relevant constitutional and institutional law as well the stabilizing or conflict resolving functions of the constitutional courts and councils.
More information →

The lasting legacy of Nuremberg (Video)

On Thuesday, 26th November 2013, Professor Ferencz has spoken about his active role advocating for the establishment of an International Criminal Law Court. He has adressed the evolution of international criminal law.

Video: Link

The International Criminal Court and Mali

Towards more Transparency in International Criminal Law investigations? - Ignaz Stegmiller takes a closer look at the Situation in Mali and the Office of the Prosecutor (OTP)’s initiation of full investigations on the basis of article 53(1) ICC Statute. In accordance with OTP Regulation 29(1), the OTP produces so-called ‘article 53’ reports that analyze the legal position in conflict situations that are under pre-investigation against the background of the following legal criteria: jurisdiction; admissibility; and the interest of justice.

These reports give an analytical basis for the Chief Prosecutor to render a positive or negative decision on whether a certain conflict reaches the level of formal criminal investigations. In Mali, the Chief Prosecutor took the fast lane, passing by several other situations that have been under pre-investigation for a longer period of time. To a certain extent, as will be outlined in this contribution, this can be explained by the self-referral mechanism and certain particularities in Mali. However, some selective choices remain the OTP’s mystery, covert due to the nebulosity of ‘gravity’.

Continue reading →

The responsibility to protect as collectively shared behavioral expectation

"The UN Security Council is blocked on Syria for more than two years now. Here, like in other cases in the past, the UN Charter’s prohibition of the use of force is being challenged by the need to protect civilians from genocide, war crimes and crimes against humanity. Sven Simon argues that the concept of the responsibility to protect (R2P) should nevertheless not be used to bend international law but to put more pressure on the UN Security Council. It should be used as a demonstration of the collectively shared behavioral expectation towards the permanent members of the UN Security Council."

Continue reading →

Menschenrechte und Strafrecht

The 4th session of the International Forum on Crime and Criminal Law in the Global Era (IFCCLGE) titled "The Trend of Crimes in the Global Era and a Critical Review and Transcendence of Traditional Penal Theories and Systems" took place in Beijing, China from 1st to 3rd December 2012. Experts from 21 countries and the UN discussed penal theories and their relation to human rights. As the protection of human rights is one of the states' most important tasks, penal theories are supposed to focus on human rights as well. Therefore, death penalty, as a governnmental measure, proves unjustifiable. This collection of articles contains contributions of the members of the German delegation. The articles deal with the "defence of human rights" theory, criminal penalty law and questions of substantive criminal law, and concentrate particulary on the influence of European and international law on the German national law.
Author von Arndt Sinn. (only in german)

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Commentary on European and German Protection of Fundamental Rights

New Edition!

Editor: Oliver Dörr, Rainer Grote and Thilo Marauhn

Editorial Staff: Stephanie Rupprecht and Judith Thorn

Mohr Siebeck Publishing, 2. ed. 2013. LII, 2416 Pages

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The Legitimacy of International Criminal Law

On 14th October 2013, Ignaz Stegmiller was holding a lecture at Western California School of Law in San Diego. In his course, students learned more about the International Criminal Court (ICC) as an institution and critically discussed the legitimacy of International Criminal Law as such. Recently, the ICC has been under severe criticism, given the fact that all of its investigations are taking place on the African continent. Kenya even initiated a process of withdrawing from the Rome Statute. These issues were addressed from a legal perspective and students gained more knowledge of the ICC's competencies and limitations.

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Streitkräfte und nicht-staatliche Akteure

The role of international law in supervising private military and security services has been extensively analyzed in an EU funded research project (priv-war.eu/wordpress/). The Franz von Liszt Institute participated in this research. Thilo Marauhn has now published some insights into this project in German: Die Privatisierung von Militäreinsätzen: Völkerrechtliche Rahmenbedingungen einer Einbeziehung privater Militär- und Sicherheitsdienste, in:

D. Weingärtner / H. Krieger (eds.), Streitkräfte und nicht-staatliche Akteure, Baden-Baden (2013), pp. 161-176.
(only in german)

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Technology Transfers and Non-Proliferation

The tension between non-proliferation of weapons of mass destruction and technology transfer has come to the fore again in the context of the Syrian conflict. In a recently published book chapter Thilo Marauhn discusses governance strategies from the perspective of public international law: Global governance of dual use trade: the contribution of international law, in:

O. Meier (ed.), Technology Transfers and Non-Proliferation. Between Control and Cooperation, Routledge Global Security Studies, Routledge, New York et al (2013), pp. 45-75.

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Ghetto Pensions still subject to considerable conflict

Under the Nazi regime, tens of thousands of Jews lived in ghettos, working more or less normal jobs. Some of these ghettos had their own employment centers, and some employers even paid into retirements funds. Legislation was passed in 2002 to grant pensions to some of these former laborers. But more than ten years after its passage, its implemen-tation is still subject to considerable conflict.  Continue reading →

Sven Simon & Avraham Weber, Ghetto Pensions, 14 German Law Journal (2013), available at www.germanlawjournal.com

Military Strikes against Syria would be illegal

A military strike by any State against Syria for alleged use of chemical weapons would be illegal under international law unless it had been previously sanctioned by the United Nations, regardless of whether the use of chemical weapons has been proven or not. Neither the U.S. President nor the Congress is entitled to take punitive action against Syria. Continue reading →

Published on 5 September 2013 at www.verfassungsblog.de

Friends from all over the world

As part of the 5th U.S. German Summer Law School and 9th International Summer University over 60 students visited the Justus Liebig University for the past four weeks. Before it was time to say goodbye, the participants were given their certificates during a formal ceremony on Friday 16/08/13.

Read the articel here (only in german) ...

International criminal law in theory and practice

On 29th July 2013, students from Marburg and Giessen got together at the historic courtroom 600 where the Nuremberg trials took place and engaged into the First Nuremberg Moot Court Competition in International Criminal Law. They formed a team representing the victims in a fictitious case of actrocities and competed against the others teams representing the Prosecution, the Defense and the Representatives of one involved State called "Equatoriana".

Link to Uni-Marburg

State Practice and International Law Journal

NEW

Editor: Professor Benedict Chigara, Professor of International Laws, Brunel University, London et al

Member of the International Advisory Board: Prof. Dr. Thilo Marauhn

Member of the Editorial Board: Dr. Sven Simon

"State Practice and International Law Journal" is a new journal that documents, analyses and evaluates relevant practice of States for its compliance with international legal standards.

Weapons supplies to Syria

"Weapons supplies to Syrian rebels would, in principle,
be contrary to Article 2(4) of the United Nations Charter."


By Thilo Marauhn and Sven Simon

Would it be lawful for European (or other) States to provide arms to the Syrian Opposition? Thilo Marauhn and Sven Simon argue that a military intervention in Syria either directly (by the armed forces of other States) or indirectly (by providing arms to the Syrian opposition) would, in principle, be contrary to Article 2(4) of the United Nations Charter.

You can download the full article, which was published in the Frankfurter Allgemeine Zeitung in German on 28 June 2013.

Fact-Finding in situations of armed conflict

Fact-Finding in the case of Syria
In the current issue of the California Western International Law Journal Prof. Dr. Marauhn examines the conflict in Syria and discusses the role of international institutions in detail.

Read more

Armed drones and applicable international law

"Unmanned weapon systems: Does the alteration of armament technology change the handling of conflicts?
With contributions by Michael Brzoska, Jürgen Altmann und Thilo Marauhn
Download as PDF (only available in German)"

Whistleblowers go far to find asylum

"Whistleblower Edward Snowden is on the run - he fled to Hong Kong after exposing secret US surveillance practices. But what other countries take in political fugitives like him, and what are their motives?" DW talks on this issue with Prof. Dr. Thilo Marauhn.

Read the article here

Gießen's Refugee Law Clinic as a role model

The Süddeutsche Zeitung reports on refugee law clinics in Germany and refers to Gießen's law clinic as a role model.

Read the article here (available only in Germany).

Use of drones from german territory

The possible use of US-bases in Stuttgart and Ramstein in the context of the use of Unmanned Aerial Systems raises several issues of public international law. Professor Thilo Marauhn gave an interview on this topic on 1.6.2013.

He comments on the differing legal opinions in the USA and Germany here. (available only in German)

Use of drones from german territory

The Tagesschau reports on the use of combat drones and conducted an interview with Thilo Marauhn. Read the article here (available only in German)

Summer School
15. Juli bis 12. August 2017
weitere Informationen

ISU
15. Juli bis 12. August 2017
weitere Informationen

Seminars

Here you find more information about the seminars related to the institute.