Category: Andrea Maria Pelliconi

The UNGA request for an ICJ Advisory Opinion on Palestine: The role of demographic alterations in the process of de facto annexation and legal consequences under international law

Andrea Maria Pelliconi

On 30 December 2022 – one day after the establishment of the new Israeli government – the United Nations General Assembly (UNGA) adopted Resolution A/RES/77/247 in which, referring to Article 65 of the Statute of the International Court of Justice (ICJ), it requested the Court to give an advisory opinion (AO) clarifying the legal status and consequences of the Israeli occupation of Palestine’s territories. More specifically, the AO request asks the following questions:

“considering the rules and principles of international law, including the Charter of the United Nations, international humanitarian law, international human rights law, relevant resolutions of the Security Council, the General Assembly and the Human Rights Council, and the advisory opinion of the Court of 9 July 2004:

(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?

(b) How do the policies and practices of Israel referred to in paragraph 18(a) above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?”

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Dilemmas of UN Peacekeeping: Alex Gilder’s new book ‘Stabilization and Human Security in UN Peace Operations’

Andrea Maria Pelliconi, Alex GilderKseniya Oksamytna

United Nations (UN) peace operations are typically a troubled sea to navigate. Peace operations operate in increasingly hostile environments and have to manoeuvre through dangerous waters: continuing insurgencies, ineffective state presence, widespread violence and insecurity, and even terrorist attacks. Stabilisation efforts may carry human rights and humanitarian risks, especially when they come with heavy militarisation, or with mandates that leave the mission without a clear political direction. These dangers bring about potential shortcomings in effectiveness, and even legitimacy challenges. Yet peace operations remain a crucial tool to attempt to advance peace and stability.

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Shaping International Migration Law. A discussion of ‘The Interplay between the EU’s Return Acquis and International Law’ by Tamás Molnár

Andrea Maria Pelliconi

On 16 June, 2021, the City Law School hosted a virtual launch of Dr Tamás Molnár’s new book The Interplay between the EU’s Return Acquis and International Law. The webinar, chaired by Dr Andrew Wolman, was organised by City’s International Law and Affairs Group (ILAG) and the Institute for the Study of European Laws (ISEL), and saw Professor Paul James Cardwell (University of Strathclyde) and Professor Elspeth Guild (Queen Mary University of London) as expert discussants. This post summarises the discussion and provides some reflections on Molnar’s book.

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International Shipping, the Belt and Road Initiative and Migrants at Sea

Andrea Maria Pelliconi and Pia Rebelo

This year, the well-known book series in Maritime and Transport Law, Il Diritto Marittimo – Quaderni, devoted an entire volume to issues related to the Belt and Road Initiative and the topic of migrants at sea. These topics are reflective of shipping’s role in achieving the United Nations’ 2030 Sustainable Development Goals by addressing the factors that undermine environmental protection, economic stability, security and safe migration. Two City Law School doctoral researchers – Andrea Maria Pelliconi and Pia Rebelo – contributed to the latest edition of Il Diritto Marittimo with articles entitled, ‘Migrants at Sea and the implications of the “duty to rescue”: human rights perspectives in the light of the Italian case-law’ and ‘Vessel-Source Pollution in the Belt And Road Initiative: Green Finance as a  Regulatory Tool for Environmental Sustainability’, respectively.

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International Law, Brexit, and the ‘Migrant Crisis’: a human rights test for UK asylum strategies

Andrea Maria Pelliconi

In 2020, the government of the United Kingdom is facing the electoral defeat of its main transatlantic ally, a possible no-deal Brexit and an unprecedented worldwide pandemic. Yet the Home Office is primarily concerned about another (perceived) critical threat: few thousands migrants crossing the Channel yearly to seek asylum on the island.

Over the past months a wide range of rather creative solutions were suggested to deal with the issue. The Home Office revitalised the ‘good old days’ idea behind the penal colonies of the great White Australia policy and decided that that ‘out of sight, out of mind’ is a valid policy principle after all. In October 2020, externalising asylum processing centres on remote British territories in the Atlantic Ocean was suggested. The Home Office envisioned transferring migrants to Ascension Island – an island 4,000 miles away, barely inhabited and rather inhospitable to human life. Further leaks identified other possible territories being considered for extraterritorial processing, including Moldova, Morocco and Papua New Guinea – which, apparently, were entirely in the dark about the idea. Weeks before, the proposed solution was buying retired ferries and converting them into floating asylum-processing centres. More recently, British people heard about pushing dinghies back to France with a wave machine or fishing asylum seekers with big nets.

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