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  • 1.
    Ebbesson, Jonas
    et al.
    Stockholm University, Faculty of Law, Department of Law, Stockholm Environmental Law and Policy Centre.
    Jacobsson, MarieKlamberg, MarkLanglet, DavidStockholm University, Faculty of Law, Department of Law.Wrange, PålStockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    International law and changing perceptions of security: Liber amicorum Said Mahmoudi2014Collection (editor) (Refereed)
  • 2.
    Hajdin, Nikola
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    Article 33 – Superior orders and prescription of law2017In: Commentary on the Law of the International Criminal Court / [ed] Mark Klamberg, Brussels: Torkel Opsahl Academic EPublisher , 2017, p. 336-337Chapter in book (Other academic)
  • 3.
    Hajdin, Nikola
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    Prosecutor v Germain Katanga, Decision on the admissibility of the appeal against the ‘Decision on the application for the interim release of detained Witnesses DRC-D02-P0236, DRC-D02-P0228 and DRC-D02-P0350’, Case no ICC-01/04-01/07-3424; ICL 1588 (ICC 2014)2015Other (Other academic)
  • 4.
    Hajdin, Nikola
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    Prosecutor v Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidéle Babala Wandu and Narcisse Arido, Decision on ‘Prosecution Submission of Evidence Pursuant to Rule 68(2)(c) of the Rules of Procedure and Evidence’, Case no ICC-01/05-01/13; ICL 1677 (ICC 2015)2015Other (Other academic)
  • 5.
    Hajdin, Nikola
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    Prosecutor v Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidéle Babala Wandu and Narcisse Arido, Decision on the requests for the Disqualification of the Prosecutor, the Deputy Prosecutor and the entire OTP staff, Case no ICC-01/05-01/13 OA; ICL 1672 (ICC 2014)2015Other (Other academic)
  • 6.
    Hajdin, Nikola
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    Self-Representation before the International Criminal Court: Safeguarding the Interests of Justice and Protecting Human Rights2016Report (Refereed)
    Abstract [en]

    This paper focuses on the following question: how can the ICC safeguard against an accused's misuse of the right to self-representation, thus preserving his right to a fair trial, and why such safeguards are needed at the first place?The structure of the article is determined by its aim which is the analysis and application of the right to self-representation. In effect, the first part ponders on the two practical situations where the court is allowed to interfere with the defendant’s rights. If the accused is behaving in a disrupting manner or if the case is ‘highly’ complex, the court should restrain the exclusive self-representation. By acknowledging that the interference could be justifiable, I will then put forward in the following section three possible solutions for the court to react. So to speak, imposing a legal representative is not the only possibility, viz. representation in person could be still allowed, however, with particular modifications. In the last chapter I will question the incentive of the court’s encroachment into the defendant’s rights. I find the notion of justice essential in understanding this issue and therefore I will circle my argument around it. By way of conclusion, I will highlight circumstances and options for the court’s justifiable interference and present the notion of justice — as a value that protects the legitimacy of the court’s proceedings — in the way I see it.

  • 7.
    Hajdin, Nikola
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    The Nature of Leadership in the Crime of Aggression: The ICC’s New Concern?2017In: International Criminal Law Review, ISSN 1567-536X, E-ISSN 1571-8123, Vol. 17, no 3, p. 543-566Article in journal (Refereed)
    Abstract [en]

    Since the Nuremberg trials, it has been accepted that only the highest echelon of state leadership can be responsible for the crime of aggression. The crime of aggression is distinguished from other core crimes under the International Criminal Court’s (ICC) purview by, inter alia, its leadership nature. According to Articles 8bis(1) and 25(3bis) of the Rome Statute, only a person ‘in a position effectively to exercise control over or direct the political or military action of a State’ can be held responsible for aggression. The ‘control or direct’ standard was adopted at the first Review Conference of the Rome Statute in Kampala in 2010 and differs from the customary counterpart (‘shape or influence’) established by the Nuremberg Military Tribunal (NMT). This article will explore how the leadership clause has evolved and whether the new standard is more appropriate for the ICC.

  • 8.
    Hajdin, Nikola
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    Understanding Aggression: Legal Status and Individual Criminal Responsibility before the 2010 Kampala Conference2015Report (Refereed)
    Abstract [en]

    The Nuremberg Charter introduced the crime of aggression into international law. The American Chief Prosecutor Robert Jackson gave a famous promise that offenders who commit acts of aggression shall be prosecuted and international criminal law would be applied against them. Notwithstanding the efforts of the United Nations to criminalize aggression, in the period between the Nuremberg trial and the Kampala Conference in 2010 there has not been a universally accepted definition of aggression. Even though the Nuremberg Principles had been recognized and the Tokyo judgment followed the Nuremberg precedent, a universally accepted definition of the ‘supreme crime’ was missing for more than 60 years. One could argue that the Cold War was the main reason for the absence of international follow-up to the criminalization of aggression after 1947; or one may also say that the international community relied on the UN Charter provisions as a trustworthy bulwark against acts of aggression. The definition of ‘act of aggression’ from 1974 could not be labeled as ‘historic’ simply because in reality nothing truly changed. The international tribunals prior to the establishment of the International Criminal Court did not have the crime of aggression in their statutes. In this article the author describes the development of the ‘supreme crime’ specifically after the Nuremberg trial, with a focus on the UN efforts in dealing with acts of aggression. Individual responsibility for the crime of aggression as such is also examined in this ‘vacuum period’ where the international consensus was missing.

  • 9.
    Klamberg, Mark
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ). Uppsala University, Sweden.
    International Law in the Age of Asymmetrical Warfare, Virtual Cockpits and Autonomous Robots2014In: International Law and Changing Perceptions of Security: Liber Amicorum Said Mahmoudi / [ed] Jonas Ebbesson, Marie Jacobsson, Mark Klamberg, David Langlet, Pål Wrange, Leiden: Brill Academic Publishers, 2014, p. 152-170Chapter in book (Refereed)
  • 10.
    Ratcovich, Martin
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    Folkrätten, EU-rätten och flyktingarna på Medelhavet2016Report (Other academic)
    Abstract [en]

    Runt en miljon flyktingar och migranter upp­ges förra året ha sökt sig till Europa över Medel­havet. EU försöker allt­jämt hitta håll­bara lösningar på flykting­situationen, men vad gäller egentligen för hanteringen av flyktingar som befinner sig till havs? Vilket regel­verk styr exempel­vis EU-samordnade insatser som Operation Triton och Operation Sophia? I den här analysen redogör Martin Ratcovich för vad folkrätten och EU-rätten har att säga när det gäller flykting­strömmarna över havet. Fokus för analysen är den internationella havs­rättens regler om ingripande mot fartyg och sjö­räddning.

  • 11.
    Ratcovich, Martin
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    The Concept of ‘Place of Safety’: Yet Another Self-Contained Maritime Rule or a Sustainable Solution to the Ever-Controversial Question of Where to Disembark Migrants Rescued at Sea?2016In: Australian Yearbook of International Law, ISSN 0084-7658, Vol. 33, p. 81-129Article in journal (Refereed)
    Abstract [en]

    International law requires that everyone rescued at sea shall be disembarked and delivered to a ‘place of safety’. However, neither the treaties that establish this requirement nor any other treaty define what is meant by ‘place of safety’. When refugees and migrants are rescued at sea considerations of international human rights law and international refugee law as well as of international law against transnational organized crime are of principal concern. This article examines the concept of 'place of safety' and argues that it needs to be interpreted in the wider context of international law, so that other relevant and applicable rules of international law are taken into account. The article provides an exploratory discussion of the interpretation of the concept of 'place of safety', seen particularly against the background that many of those rescued at sea are refugees and migrants. The article also comprises discussions of the duty to rescue those in distress at sea, the basic rules on interpretation of treaties and the legal framework for rescue of migrants at sea. The analysis is illustrated by references to Australian legislation, state practice and case law.

  • 12. Reisinger Coracini, Astrid
    et al.
    Wrange, Pål
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    The Specificity of the Crime of Aggression2016In: The Crime of Aggression: A Commentary: Volume 1 / [ed] Claus Kress, Stefan Barriga, Cambridge University Press, 2016, p. 307-350Chapter in book (Other academic)
  • 13.
    Wrange, Pål
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    Does Who Matter? Legal Authority and the Use of Military Violence2017In: Ethics and International Affairs, ISSN 0892-6794, E-ISSN 1747-7093, Vol. 31, no 2, p. 191-212Article in journal (Refereed)
    Abstract [en]

    What does authority mean under international law? There are various actors with different forms of authority, but no overarching concept of what characteristic endows an actor with authority, and even less of a coherent conception of legitimacy as a requirement for such authority. In fact, international law recognizes different authorities for different causes and different contexts, allocated to different actors, who base their authority on different characteristics (state legitimacy, representativity, military power, control). After disaggregating the concept of authority and outlining some of the consequences that follow from each type, this article highlights a number of different actors and describes the various authorities each has under international law. For instance, under jus in bello, nonstate actors can create a state of armed conflict in which they can often continue to use military means without legal sanction. While jus ad bellum may still in principle require legitimacy (in the formal sense of being a state), current jus in bello covers a range of non-state actors. Thus, from a practical point of view, the jus in bello regulations undermine any jus ad bellum requirement of legitimate authority.

  • 14.
    Wrange, Pål
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    En internationell ordning där de mänskliga rättigheterna och friheterna till fullo kan förverkligas2016In: Framtidsarvet: Svensk utrikespolitik trettio år efter Olof Palmes död / [ed] Ulf Bjereld, Ulf Carmesund, Göteborg: Korpen , 2016, p. 197-209Chapter in book (Other (popular science, discussion, etc.))
  • 15.
    Wrange, Pål
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    International Humanitarian Law without the State2016In: Scandinavian Studies in Law, ISSN 0085-5944, Vol. 62, p. 145-162Article in journal (Other academic)
    Abstract [en]

    What would international law look like in a world without states — or with states being non-dominant? How would it be formed and who would be its protagonists? And would that world be a better place? To think about international law without states might seem like a ludicrous idea. After all, inter-national is often interpreted to mean “inter-state”, and for many people, any law without the state seems impossible to think. However, the state has been around for only a few hundred years, and yet there have been norms between political communities — whether we call that international “law” or not – for much longer. International law without the state could mean de facto anarchy and even perennial war. But it could also mean inter-communal law between communities that are not states, if we assume that people without states would spontaneously form political communities, albeit of a different nature. Or it could be mainly transnational law, formed between apolitical bodies, like corporations. Or, perhaps, a bit of all of that.

  • 16.
    Wrange, Pål
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    Land, Development and the Irrationality of International Law2015In: Scandinavian Studies in Law, ISSN 0085-5944, Vol. 60, p. 187-220Article in journal (Refereed)
  • 17.
    Wrange, Pål
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    Sedelmayer v. Russian Federation2012In: American Journal of International Law, ISSN 0002-9300, E-ISSN 2161-7953, Vol. 106, p. 347-353Article in journal (Refereed)
  • 18.
    Wrange, Pål
    Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
    The Crime of Aggression and the Principle of Complementarity2016In: The Crime of Aggression: A Commentary: Volume 1 / [ed] Claus Kress, Stefan Barriga, Cambridge University Press, 2016, p. 704-751Chapter in book (Other academic)
1 - 18 of 18
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