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All Outputs (18)

The Memorandum of Understanding between Italy and Libya: Does It Create Human Rights Obligations on the Part of Italy? (2021)
Other
Pizzuti, A., & Moran, C. F. (2021). The Memorandum of Understanding between Italy and Libya: Does It Create Human Rights Obligations on the Part of Italy?. http://opiniojuris.org/2021/08/05/the-memorandum-of-understanding-between-italy-and-libya-does-it-create-human-rights-obligations-on-the-part-of-italy/

In 2017, Italy and Libya signed a Memorandum of Understanding to strengthen their cooperation in the field of migration (MoU). This post examines the human rights implications of Italy’s support to the Libyan Coast Guard (LCG) provided under MoU pur... Read More about The Memorandum of Understanding between Italy and Libya: Does It Create Human Rights Obligations on the Part of Italy?.

Strengthening the Principle of Non-Refoulement (2020)
Journal Article
Moran, C. F. (2021). Strengthening the Principle of Non-Refoulement. International Journal of Human Rights, 25(6), 1032-1052. https://doi.org/10.1080/13642987.2020.1811690

This work examines the origins of the principle of non-refoulement and how it has evolved during the twentieth and twenty-first centuries. Non-refoulement, or the right not to be repelled or returned, was agreed upon by States as a narrow protection... Read More about Strengthening the Principle of Non-Refoulement.

Responsibility And Freedom Of Speech Under Article 10 (2020)
Journal Article
Moran, C. F. (2020). Responsibility And Freedom Of Speech Under Article 10. European Human Rights Law Review, 1(1), 67-80

Freedom of speech is such a fundamental aspect of a free society that it is often used as a measure by which a society or State can be considered ‘free.’ However, untrammelled freedom of speech can impact directly on the rights and freedoms of others... Read More about Responsibility And Freedom Of Speech Under Article 10.

The Problem of the Authority of the International Criminal Court (2018)
Journal Article
Moran, C. F. (2018). The Problem of the Authority of the International Criminal Court. International Criminal Law Review, 18(5), 883-901. https://doi.org/10.1163/15718123-01805001

This research examines the problem of the authority of the International Criminal Court (ICC), focusing on its claim to jurisdiction as its primary exercise of authority. The research questions the basis of the Court's authority, beginning with an an... Read More about The Problem of the Authority of the International Criminal Court.

A perspective on the Rome Statute's defence of duress: The role of imminence (2018)
Journal Article
Moran, C. F. (2018). A perspective on the Rome Statute's defence of duress: The role of imminence. International Criminal Law Review, 18(1), 154-177. https://doi.org/10.1163/15718123-01801001

The concept of duress encapsulated in Article 31(1)(d) of the Rome Statute of the International Criminal Court is a novel inclusion in a statute created to allow prosecution of serious crimes against the person in international criminal law. Despite... Read More about A perspective on the Rome Statute's defence of duress: The role of imminence.

Human rights law. (2017)
Book Chapter
Moran, C. F. (2017). Human rights law. In N. Busby, & R. Zahn (Eds.), Studying EU law during and after Brexit (81-84). Scotland: Scottish Universities Legal Network on Europe

The European Union’s original focus was on economic integration among the six founding Member States. The task of securing human rights at a supranational level had been entrusted to the Council of Europe, which oversees and operates the European Con... Read More about Human rights law..

A comparative exploration of the defence of duress (2017)
Journal Article
Moran, C. F. (2017). A comparative exploration of the defence of duress. Global Journal of Comparative Law, 6(1), 51-76

This work examines the defence of duress, as codified in the Rome Statute, from the perspective of four domestic jurisdictions in order to determine whether it can be applied at the domestic level for crimes against the person. The laws of England an... Read More about A comparative exploration of the defence of duress.

Defences for war crimes and crimes against humanity? Duress and the Rome Statute. (2016)
Book Chapter
Moran, C. F. (2016). Defences for war crimes and crimes against humanity? Duress and the Rome Statute. In T. D. Gill (Ed.), Yearbook of International Humanitarian Law Volume 18, 2015 (205-224). The Hague: T.M.C. Asser Press. https://doi.org/10.1007/978-94-6265-141-8_8

Modern armed conflict has changed the way in which we understand the fighting of wars and the breakdown of diplomatic discourse. The Rome Statute, which was created to enforce the provisions of the law of war and international criminal law on a compl... Read More about Defences for war crimes and crimes against humanity? Duress and the Rome Statute..

Human trafficking and the Rome statute of the International Criminal Court. (2014)
Journal Article
Moran, C. F. (2014). Human trafficking and the Rome statute of the International Criminal Court. The Age of Human Rights Journal, 3, 32-45

The case for extending the reach of the Rome Statute to the crime of human trafficking has not yet been made in detail. The brutality which occurs when human beings are trafficked by criminal gangs is of an equally egregious nature as the other crime... Read More about Human trafficking and the Rome statute of the International Criminal Court..

Dignity in revolution. (2014)
Book Chapter
Moran, C. F. (2014). Dignity in revolution. In J. Carby-Hall (Ed.), Essays on human rights: a celebration of the life of Dr. Janusz Kochanowski. Warsaw: Ius et Lex Foundation

‘Freedom makes a huge requirement of every human being,’ but the central responsibility in international human rights law is placed on the shoulders of the State to guarantee that freedom. Human rights law functions as a critical restraint on the po... Read More about Dignity in revolution..

Emerging voices: the contribution of international criminal tribunals and courts to the development and promotion of international human rights law (2014)
Digital Artefact
Moran, C. F. (2014). Emerging voices: the contribution of international criminal tribunals and courts to the development and promotion of international human rights law. http://opiniojuris.org/2014/08/04/emerging-voices-contribution-international-criminal-tribunals-courts-development-promotion-international-human-rights-law/

No abstract available.

Beyond the state: the future of international criminal law.
Report
Moran, C. F. (2014). Beyond the state: the future of international criminal law. Edinburgh: International Crimes Database

This work examines the development of international criminal law, and by default the International Criminal Court, towards the protection of the individual. The link to State planning, policy or officialdom appears to be waning and the discourse ha... Read More about Beyond the state: the future of international criminal law..