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Assembling a coherent picture in the Daniel Pelka case

By P.A.J. Waddington
The appalling murder of Daniel Pelka by his mother, Magdelena Luczak, and her partner, Mariusz Krezolek, has yet again been followed by soul-searching and a storm of criticism directed at ‘the authorities’ for their failure to protect Daniel from the child abuse that eventually led to his death.

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‘Yesterday I lost a country’

By Kathleen Cavanaugh
Since 2003, Iraq has experienced significant political unrest and the emergence of ethno-religious divisions.  That there is a sectarian complexion to emerging socio-political movements in Iraq (religious, ethno-political) is not in question. The ‘fear of sectarianism’ has undoubtedly shaped and formed how protest movements in Iraq (and indeed regionally) are constituted.

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Why Edward Snowden never had a right to asylum

By Geoff Gilbert
There is nothing that complicated about the Edward Snowden case, but it does involve several overlapping areas of law, international and domestic, and commentators seem to assume there is some sort of accepted hierarchy.

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The coming of age of international criminal justice

By Julia Geneuss and Florian Jessberger
Fifteen years ago, on 17 July 1998, the Rome Statute, the founding treaty of the International Criminal Court (ICC), was adopted, creating the first permanent international forum to try and punish perpetrators of mass atrocities.

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A trial of criminology

By P.A.J. Waddington
The British Society of Criminology annual conference was held this year at the University of Wolverhampton and its centrepiece was to hold a trial of criminology. Presided over by His Honour, Judge Michael Challinor, both the ‘prosecution’ and ‘defence’ wore wigs and gowns, and there was the usual bout of examination and cross-examination of witnesses.

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Moralizing states: intervening in Syria

By Kathleen A. Cavanaugh
The narrative that underpins humanitarian intervention has been reframed from a narrow focus of intervention to a broader notion of responsibility to protect. While the concept of responsibility to protect is clearly best placed in an international framework, one key aspect of the question of intervention is the proposition of legal authority.

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Does Elton John have a private life?

Raymond Wacks
Do celebrities forfeit their right to privacy? Pop stars, stars of screen, radio, television, sport and the catwalk—are regarded as fair game by the paparazzi. Members of the British Royal family, most conspicuously, and tragically, the Princess of Wales have long been preyed upon by the media. More recently, photographs of the Duchess of Cambridge, taken surreptitiously while she was sunbathing at a private villa in Provence, were published online.

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Drone killings

By Sascha-Dominik Bachmann
Targeted killing by drones (using Unmanned Aerial Vehicles (UAV) or Unmanned Combat Aircraft Systems (UCAS) as weapon platforms) has become an increasingly debated subject. Criticism is not only directed against its overall legality and legitimacy, but also its negative impact on the theatre state as a sovereign state in cases of extraterritorial strikes, a potential lack of efficiency, and a growing uneasiness with its morality.

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Preparing for ESIL 2013

By Katherine Marshall
In April 2013, OUP attended the American Society of International Law’s annual conference in Washington DC. Now, it is the turn of the society’s European counterpart, the European Society of International Law (ESIL).

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MMR panic in Swansea and policing

By P.A.J. Waddington
I often think that we learn more from the experiences of those whose lives are different from our own than we do from those who share our experiences. Distance often confers clarity and gives a greater appreciation of context, enabling similarities and differences to become visible. This occurred to me recently as the news of the increasing measles epidemic in Swansea began to grow more alarming.

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The Arms Trade Treaty: a major achievement

By Stuart Casey-Maslen
On Tuesday, 2 April 2013, after seven years of discussions and negotiations, the United Nations General Assembly adopted the UN Arms Trade Treaty by an overwhelming margin — the first ever global agreement governing the transfer of conventional arms. A total of 154 States voted in favor of the resolution, three voted against, and 23 abstained. The treaty will now be opened for signature on 3 June 2013.

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The 1997 Anti-Personnel Mine Ban Convention

By Stuart Casey-Maslen
Derided by a number of major military powers when it was adopted, almost 16 years later the 1997 Anti-Personnel Mine Ban Convention is in pretty rude health. No fewer than 161 States have adhered to its provisions — the most recent being Poland in December 2012 – and few outside dare to use anti-personnel mines these days such is the stigmatisation of the weapon, even though a ban has not yet crystallised in customary law.

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Plebgate

By P.A.J. Waddington
“‘Pleb’–gate” — as the altercation between Andrew Mitchell, MP, and police officers guarding Downing Street has become known — continues to rumble along. It seems to me that there is a huge unanswered question lurking therein. It is this: what on earth are police officers doing providing an armed guard for the Prime Minister?

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Disappearing States

By Jane McAdam
The ‘disappearing State’ or ‘sinking island’ phenomenon has become a litmus test for the dramatic impacts of climate change on human society. Atlantis-style predictions of whole countries disappearing beneath the waves raise fascinating legal issues that go to the heart of the rules on the creation and extinction of States.

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Is competition always good?

By Maurice E. Stucke
Wow! That is what my university’s former football coach wanted to hear from prospective student-athletes when touring the new $45 million football practice facility. Parts of my university need repair. Departments face resource constraints. But the new practice facility was to set the standard in the university’s fierce competition for talented recruits. So our former coach led reporters through the planned 145,000 square-foot building, with its grand team meeting room, custom-designed chairs, hydro-therapy room, restaurant, nutrition bar, and lockers equipped to charge iPads and cellphones.

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Witchcraft: yesterday and today

By Malcom Gaskill
I’m looking at a photo of my six-year-old daughter wearing her witch costume – black taffeta and pointy hat – last Halloween. Our local vicar marked the occasion by lamenting in the parish magazine this ‘celebration of evil’. All Hallows’ Eve, the night when traditionally folk comforted souls of the dead, is not, in fact, evil, but did once have evil in its margins. Spirits on the loose might be bad as well as good, and for humans to manipulate them was witchcraft. The perception of evil, concentrated in the figure of the witch, was once powerfully real. Kate’s fancy dress character, however winsome, has a profound cultural connection to a terrifying dimension of the past and, as we’ll see, the present too.

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