Gentian Zyberi

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• PhD
• Professor (Full) at University of Oslo

This article shall focus on the role and contribution of the International Court of Justice (ICJ or Court) to developing and interpreting the right of peoples to self-determination. The most relevant cases decided by the Court so far, briefly noted here, fall broadly speaking within the decolonization context, save for the ongoing advisory proceedi...

The final report of the International Law Association Committee on Human Rights in Times of Emergency (hereafter, the Committee or CHRTE) critically examines selected State practice on emergency situations with a focus on the last three decades. States have pursued emergency measures in increasingly numerous and diverse contexts. They have done so...

This chapter provides a critical assessment of the enforcement system of international humanitarian law (IHL), also referred to as the law of armed conflict (LOAC) or jus in bello. The notion of enforcement should be distinguished from that of implementation, which is much broader, in that enforcement involves at least some degree of sanctioning fo...

This paper provides some personal reflections on my experiences as a project leader in four cooperative projects with colleagues from the Global South involving higher education institutions (HEIs) in seven countries—namely, Benin, Uganda, Ethiopia, Colombia, Palestine, Bulgaria, and Kosovo. The aim is to try to assess advantages and shortcomings o...

本文采用制度主义研究路径，分析了国际法院在国际裁判和执行人权方面的作用，以及它在阐释和发展基本人权规则和原则方面的贡献。国际法院是联合国主要机关之一，也是其主要的司法机关，在国际裁判机制中享有重中之重的特殊地位。国际法院对阐释和发展人权法的贡献可以从三个角度来看：第一，在程序角度，它进一步推动了人权的可诉性。第二，在实体角度，它不仅分析了非殖民化背景下的民族自决权问题和一些公约项下的人权保护范围，还处理了人权公约义务的领土范围问题、国家责任归属问题以及国际不法行为的赔偿问题，为国家、国际组织及其机构、其他法律实体甚至个人制定了行为标准。第三，在制度角度，它确保了联合国人权问题报告员的独立性和不可侵犯性，对联合国大会和安全理事会在维护国际和平与安全方面的职能作出建设性的阐释，并对其遵守国际人权...

This book advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. This new paradigm is one of pragmatic engagement, replacing the older, binary, and doctrinal paradigms of monism and dualism. The book is driven by two parallel trends. On the one hand, the tradit...

This edited volume analyzes the function and role of international law in a framework of increased global governance by focusing on how ‘community interests’ are articulated and protected and how global public goods are provided in various domains. The chapters analyze the concept of ‘community interests’ and the adequacy and effectiveness of the i...

This chapter provides an analysis of the concept of ‘community interests’ in international law, before presenting a potential research agenda concerning three areas, namely ensuring collective human security , managing collective natural resources , and preserving world cultural heritage. While displaying different degrees of normative intensity an...

Introduction to the edited volume entitled "Protecting Community Interests through International Law", which analyzes the function and role of international law in a framework of increased global governance by focusing on how 'community interests' are articulated and protected in various areas, including the global commons, and human rights and sec...

The nature of the relationship between international human rights law (IHRL) and international humanitarian law (IHL) has drawn significant interest in different professional circles, including academia, military, governments, international and regional organizations and agencies, and humanitarian organizations and their workers. This chapter shall...

This chapter analyses from a European perspective the complex relationship between international human rights law (IHRL) and international humanitarian law (IHL) in the context of multinational military operations. In construing a European perspective, the case law of the European Court of Human Rights (ECtHR) is given specific attention. Due atten...

This chapter analyses the contribution of the International Court of Justice (ICJ) to interpreting and developing rules and principles of international human rights law aimed at ensuring basic protection of individuals. First, the chapter puts into perspective the place of the ICJ within the larger framework of international adjudication and enforc...

INTRODUCTION This chapter focuses on the issue of legal responsibility of multinational corporations for serious environmental damage caused by economic activity which represents a heightened risk of causing widespread, long-term and severe harm to the environment, namely oil pollution in the form of large oil spills and nuclear accidents in terms...

As Lauterpacht has noted (1947: v), ‘there are only very few branches of international law which are of greater, or more persistent, interest and significance for the law of nations than the question of Recognition of States, of Governments and of Belligerency. Yet there is probably no other subject in the field of international relations in which...

This chapter focuses on the issue of immunity for Defence counsel and their staff from criminal proceedings before domestic courts for activities related to representing an individual in international proceedings before an international criminal court or tribunal (ICs). First we briefly introduce the concept of functional immunity in international...

This chapter focuses on the motivations and the criminal process’ dynamics that might lie at the root of infringements by Defense lawyers of the formal procedural rules and regulations of international criminal courts and tribunals (ICs or tribunals). First, the chapter outlines briefly the professional challenges and the role of Defence counsel in...

This is an edited volume. The examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of int...

This is the third book in the series Shared Responsibility in International Law, which examines the problem of distribution of responsibilities among multiple states and other actors. In its work on the responsibility of states and international organisations, the International Law Commission recognised that attribution of acts to one actor does no...

International Law Association Study Group on the Conduct of Hostilities in the 21st Century Published in: International Law Studies Journal V. 93. ISSN: 2375-2831

This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law i...

By analysing the mandate and the work of UN-related criminal courts and tribunals in investigating and prosecuting those most responsible for mass atrocity crimes and in supporting related domestic transitional justice efforts, this article aims at assessing whether these efforts are just fleeting mirages of transitional justice or a piecemeal appr...

This is a short post about Kosovo''s membership to the Permanent Court of Arbitration.

As a former editor of the predecessor to this journal, namely Merkourios, it gives me great pleasure to write the editorial for the 81st issue of the Utrecht Journal of International and European Law (“UJIEL”) on ‘General Issues in International and European Law’. After first providing a general overview of the materials contained in this issue, I...

This article aims to assess the achievements and challenges facing the transitional justice processes that have taken place in the countries most affected by the armed conflicts resulting in the violent dissolution of the former Yugoslavia and whether, and to what extent, these processes have furthered inter-ethnic reconciliation. The two variables...

This chapter aims to explore and analyse the place of international law in the Albanian legal system and its application by Albanian courts. First, the chapter addresses the status of international law under the 1998 Albanian Constitution and its interaction with other sources of law within the Albanian legal system. Subsequently, a number of impor...

This paper focuses on the motivations and the dynamics that lie at the root of infringements by Defence lawyers of the formal rules and regulations of international criminal courts and tribunals (ICs or tribunals). Although not aplenty, there have been a few instances where Defence lawyers have become subject of disciplinary proceedings for failing...

Covering the main political organs of the UN, important regional and security organizations, international judicial institutions and the regional human rights protection systems, An Institutional Approach to the Responsibility to Protect examines the roles and responsibilities of the international community regarding the responsibility to protect....

In spite of considerable literature on different aspects of the responsibility to protect and related institutions, little attention has been paid to the important role that a key international judicial institution such as the International Court of Justice (ICJ, or the Court) can play in interpreting and developing the scope of State and non-State...

By dealing with a number of key actors engaged in turning the responsibility to protect (RtoP) into practice this book aims to provide a general picture of existing institutional mechanisms and practices relevant to RtoP. Many contributors have also explored and suggested potential ways of improving the current systems of collective security and en...

This paper focuses on the applicability of general international law principles and instruments to European Union (EU) peace missions (also known as crisis management operations). First, the paper shall address the legal framework applicable to EU peace missions, including general principles and instruments of international human rights and humanit...

The international criminal courts and tribunals considered in this book chapter are the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the permanent International Criminal Court (ICC). A brief overview of the establishment of these international criminal courts and tribun...

This short paper aims to provide an overall assessment of the transitional justice processes in the countries emerging from the violent break-up of the former Yugoslavia by focusing on the issues of reparations for victims of the armed conflicts. These states are Croatia, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia (FYROM), Se...

This short paper aims to provide a general assessment of the transitional justice processes in the countries emerging from the violent break-up of the former Yugoslavia by focusing on the issues of reparations for victims of the armed conflicts.

The tragic events in the 1990s in Rwanda, Srebrenica and Kosovo, and the crisis in Libya in 2011 have triggered a fundamental rethinking of the role and responsibility of the international community. It is now accepted that while individual states continue to bear the primary responsibility to protect their populations against genocide, ethnic clea...

While it is difficult, if not impossible, properly to evaluate the extent to which the goals or purposes for which the International Law Commission (Commission or ILC) has been established impinge on its understanding of the role and status of non-state actors, this article tries to provide an overview of the extent to which this international body...

This article critically assesses the role of provisional measures indicated by the International Court of Justice in protecting populations during armed conflict situations and the legal consequences attached to the violation of such measures. A number of relevant cases, including the most recent Georgia v. Russia case, are dealt with. Provisional...

Although promoting, enforcing, and ensuring respect for human rights and humanitarian law norms has been high on the international agenda for over six decades, effective implementation and enforcement still leave ample room for improvement. This article examines the potential of the International Court of Justice to contribute more towards enforcin...

This article looks at the issue of the validity of reservations to international human rights treaties through the lens of the International Court of Justice (ICJ or Court). A broader perspective is created by comparing the respective positions adopted by other international bodies, such as the European Court of Human Rights (ECtHR), the Human Righ...

In analyzing and describing the contribution and the role of an important international judicial body such as the International Court of Justice (ICJ, World Court, or simply the Court) in the interpretation and the development of international human rights and humanitarian law rules and principles one can employ different methodologies and adopt di...

The contribution of the International Court of Justice (ICJ) to the interpretation and development of international human rights and humanitarian law rules and principles is a topic of growing interest and importance. Claims of breaches of norms of both these branches of law have been raised in a considerable number of cases brought before the ICJ...

The contribution of the International Court of Justice (ICJ) to the interpretation and development of international human rights and humanitarian law rules and principles is a topic of growing interest and importance. Claims of breaches of norms of both these branches of law have been raised in a considerable number of cases brought before the ICJ...

Veel kwesties in het Israëlisch Palestijns conflict behoeven andere juridische beschouwing als onderdeel van de noodzakelijke kritische dialoog. Een van die kwesties is Israël’s claim dat Hamas Israël erkent. Deze claim is niet alleen klakkeloos overgenomen door het Kwartet, maar het is tevens voorwaarde voor het vertrekken van hulpgelden geworden....