Case Briefs

Customary International Law

Island of Palmas case (Netherlands, USA) [1928] PCA

TL; DR: Spain ceded the Philippines to the USA as part of the Treaty Of Paris (1898). The Island of Palmas (aka Miangas) was within the boundaries of the cession. Later, it was discovered that the Netherlands too claimed the

Decoloniality

Portugal v. India Rights of Passage Case ICJ Rep 125, ICGJ 173 (ICJ 1957)

TL; DR: In 1957, Portugal brought a case against India in ICJ seeking confirmation of its right of passage over Indian territory between Portuguese-controlled enclaves (Dadra and Nagar-Aveli). Portugal claimed that historical treaties granted it right of passage for civilian

Customary International Law

Asylum Case, Colombia v. Peru, Judgment, 1950 I.C.J. 266 (Nov. 20)

Facts: On October 3rd, 1948, a military rebellion broke out in Peru. However, the rebellion was quelled within a day and the accused were arrested and charged. A day after the rebellion was quashed; proceedings were instituted against Victor Raul

Jurisdiction

S.S. Lotus Case

TL; DR: The S.S. Lotus case, heard by the Permanent Court of International Justice (PCIJ) in 1927, involved a jurisdictional dispute between France and Turkey following a collision on the high seas between a French and a Turkish vessel, which

Jurisdiction

Corfu Channels Case

  Facts: On October 22, 1946, two British naval vessels passing through the Corfu Channel within Albanian territorial waters suffered heavy damage, and forty-five of its crew members lost their lives and another forty-two were injured as mines exploded near

Nuclear

Nuclear Tests Case (France v. Australia)

In the Nuclear Tests Case (Australia v. France), Australia contested France’s nuclear testing as a violation of international law. New Zealand later joined, arguing that the tests posed a threat to the marine ecosystem. The core issues were the scope

Goering Case

Background The Nuremberg Trials were a series of military tribunals held after World War II to prosecute prominent leaders of the Axis powers, particularly the Nazis of Germany, for war crimes and crimes against humanity. Hermann Wilhelm Göring, a leading

Akeyesu Trial, Judgement 1998

Background: Jean Paul Akayesu, born in 1953 in Murehe sector, Taba commune, Rwanda, served as the bourgmestre (mayor) of Taba commune from April 1993 until June 1994, a period critical during the Rwandan genocide. Before his appointment as bourgmestre, Akayesu

Allied Forces v. Martin Bormann (Nuremberg Trial in Absentia)

Background Martin Bormann was a prominent Nazi official and a key member of Adolf Hitler’s inner circle. As Hitler’s private secretary and head of the Nazi Party Chancellery, Bormann wielded significant influence and played a crucial role in implementing policies

Duško Tadić Case (The Prosecutor v. Duško Tadić), [1999]; ICTY

Facts Background: Duško Tadić, who held the position of president of the local board of the SDS in Kozarac, was brought to trial on allegations of involvement with Serb forces in several grave acts. These included the attack and destruction