Research Briefing
Is it legal to use force against Iran?
The answer to this question depends largely on your view of whether Iran is about to use nuclear weapons.
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Research Briefing
Preventing and prosecuting piracy at sea: legal issues
The resurgence in piracy at sea, particularly hijackings off the coast of Somalia, has prompted a range of efforts to tackle it. These throw up a series of legal issues including the use of force by governments and private armed security guards, and transferring of suspects for trial or imprisonment. Library Standard Notes covering related issues include: Piracy at sea: overview and policy responses; Somalia: recent political, security and humanitarian developments; and Does Somali piracy have any ‘developmental effects’?.
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Research Briefing
Convention against enforced disappearance
In 2006 the UN in 2006 adopted the International Convention on the Protection of all Persons from Enforced Disappearance. It creates new obligations on states and establishes a new Committee to monitor implementation. So far only 30 states have ratified the Convention; the UK is not one of them
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Research Briefing
Drone attacks and the killing of Anwar al-Awlaqi: legal issues
Anwar al-Awlaqi, a dual US-Yemeni citizen described as the “leader of external operations for Al-Qaeda in the Arabian Peninsula”, was killed by a US drone attack in Yemen on 30 September 2011. Whether this was legal under international or US law is a matter of considerable debate.
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Research Briefing
Convention on Enforced Disappearance
The 2006 Convention on Enforced Disappearance, which came into force in 2010, requires states that have ratified it to create new criminal offences in their domestic law and to adjust their laws on (for example) detention. The UK has not signed or ratified the Convention despite some pressure to do so.
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Research Briefing
Scotland, independence and the EU
If Scotland became independent, would it automatically remain a member of the European Union (EU) – or would it have to go through the whole accession process for new Member States, either alone or alongside the rest of the UK?
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Research Briefing
Palestinian statehood
Disillusioned with the US-led peace process, Palestinian leaders are seeking a UN resolution in September 2011 in favour of Palestinian statehood. The political implications of such a resolution are likely to be bigger than its legal ones. But despite the momentum gained by the Palestinian proposal, it is possible that external and internal opposition could delay the initiative.
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Research Briefing
The International Criminal Court: new crimes and a new Prosecutor
As the International Criminal Court (ICC) moves towards opening its fourth trial, its jurisdiction is being widened and its most public face, the ICC Prosecutor, is about to be replaced at the end of his term.
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Research Briefing
Declaration 25 of the Treaty on European Union: Danish Territories and whaling
Denmark has invoked Declaration No. 25 TEU in support of the whaling activities of its territories, Greenland and the Faroe Islands. Denmark’s reliance on this Declaration at the International Whaling Commission (IWC) has prevented the EU from presenting a more united stand on whaling issues at the IWC.
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Research Briefing
Killing Osama bin Laden: has justice been done?
The US government has asserted that by killing Osama bin Laden on 1 May 2011, justice has been done. Its view is that the killing was clearly lawful. But the nature, timing and location of the killing have raised various questions under international law. The killing also has possible implications for future policies towards al-Qaeda as well as Libya and other countries.
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Research Briefing
International Court of Justice Opinion on Kosovo’s declaration of independence
In July 2010 the International Court of Justice (ICJ) found that Kosovo's declaration of independence on 17 February 2008 did not breach international law. The legal scope of the Opinion is extremely narrow, but its political implications could be very wide.
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Research Briefing
Interpretation of Security Council Resolution 1973 on Libya
What the rules of engagement are in Libya, and how far coalition forces are allowed to go in protecting the civilian population are highly controversial. This note looks briefly at some of the current questions.
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Research Briefing
Wreck Removal Convention Bill 2010-11
This note briefly describes the Wreck Removal Convention Bill 2010-11; a Private Members' Bill sponsored by Dr Thérèse Coffey MP. The Bill provides measures to enable the United Kingdom to ratify and implement the International Convention for the Removal of Wrecks. It would insert new sections and a Schedule into the Merchant Shipping Act 1995.
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Research Briefing
Parliamentary scrutiny of treaties: up to 2010
Before 2010 the UK Parliament had no formal role in the ratification of treaties, which is a matter for the Government under the Royal Prerogative. There were however several ways in which treaties were scrutinised by Parliament before the Government ratified them, for example under the 'Ponsonby Rule'. There have been calls for Parliamentary scrutiny of treaties to be enhanced, including through creating a dedicated treaty scrutiny committee.
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Research Briefing
The Gaza flotilla attack and its aftermath
Summary of the attack on the flotilla, arguments surrounding its legality, the Israeli investigations into the raid and its political outcome
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