178 research outputs found
How Does Belligerent Occupation End? Some Reflections on the Future of the Territories Occupied in the Russia-Ukraine Conflict
No full text(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 803-808 | European Forum Highlight of 28 November 2023 | (Abstract) This paper seeks to address the question of the future of the Ukrainian territories that have recently been or are currently being occupied by Russia primarily through the prism of relevant rules of international humanitarian law. After briefly recalling the conditions for the beginning of a belligerent occupation, the focus will be on the modalities for its termination, which will be examined and discussed with reference to the case of Ukraine
Reintegrazione nella responsabilità genitoriale e obblighi positivi di tipo procedurale ex art. 8 CEDU
No full textRecenti sviluppi in materia di diritto alla libertà e alla sicurezza personale: il "General Comment No. 35" del Comitato dei diritti umani
No full textOn 28 October 2014, after extensive consultations started in 2012, the Human Rights Committee finally adopted General Comment No. 35 on Article 9 of the ICCPR on the right to liberty and security of persons. This paper stresses that, notwithstanding some significant improvements over the previous General Comment (General Comment No. 8: Article 9 (Right to Liberty and Security of Persons), 30 June 1982, UN Doc. HRI/GEN/1/rev.6, at 130 ff.), several important issues still need to be addressed in a clear unambiguous way, such as the question as to whether security detentions ought to be considered as arbitrary and that of the relationship between Article 9 and the applicable rules of International Humanitarian Law during international and non-international armed conflicts
Gli insediamenti israeliani nei territori occupati e i diritti del popolo palestinese (in margine al rapporto della fact-finding mission del Consiglio dei diritti umani)
No full textThe paper deals with the recent report on the fact-finding mission established by the UN Human Rights Council in order to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory. After focusing on the findings of the mission, the paper underlines the inadequate attention paid to some fundamental aspects and stresses the need for further reflection on the role and efficacy of human rights fact-finding
La risoluzione n. 2347 (2017) del Consiglio di Sicurezza e la protezione dei beni culturali nei conflitti armati e dall'azione di gruppi terroristici
No full textUn nuovo referendum per l’indipendenza della Scozia dal Regno Unito? La pronuncia della Corte Suprema del Regno Unito del 23 novembre 2022
No full text
Torreggiani and Prison Overcrowding in Italy
No full textSince the first pilot judgment was delivered by the European Court of Human Rights in 2004, legal scholars have dealt extensively with the pilot judgment procedure, mainly focusing on its legal basis and its effectiveness as a means to cope with the Court's overload. This article aims to analyse the procedure from a rather different perspective, focusing on its impact on domestic legal orders. A recent case on prison overcrowding in Italy will be the starting point of an investigation into the repercussions of pilot judgments on the Italian legal order. To this end, for the purpose of assessing whether, in the case at hand, the pilot judgment procedure has indeed resulted in some type of 'judicial law-making', the article will evaluate the implementation measures undertaken by the Italian authorities
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