Skip to main content

Research Repository

Advanced Search

All Outputs (11)

Fertile or futile grounds for excluding criminal responsibility? A critical analysis of the Ongwen judgment in relation to the claim of coercive environment (2023)
Journal Article
Nortje, W., & Quénivet, N. (2023). Fertile or futile grounds for excluding criminal responsibility? A critical analysis of the Ongwen judgment in relation to the claim of coercive environment. International Criminal Law Review, 23(5-6), 675–704. https://doi.org/10.1163/15718123-bja10158

Dominic Ongwen was convicted and sentenced for numerous atrocities by the International Criminal Court (icc) in 2021. The Defence focused on the coercive environment that Ongwen was subjected to from his abduction as a boy until his surrender as an a... Read More about Fertile or futile grounds for excluding criminal responsibility? A critical analysis of the Ongwen judgment in relation to the claim of coercive environment.

The conflict in Ukraine and genocide (2022)
Journal Article
Quenivet, N. (2022). The conflict in Ukraine and genocide. Journal of International Peacekeeping, 25(2), 141-154. https://doi.org/10.1163/18754112-25020004

Since the beginning of the conflict between Russia and Ukraine that started on 24 February 2022 accusations of genocide have been levelled against each other by both sides. This article focuses on the claim that Russia is carrying out a genocide in U... Read More about The conflict in Ukraine and genocide.

Binding the United Nations to customary (human rights) law (2020)
Journal Article
Quénivet, N. (2020). Binding the United Nations to customary (human rights) law. International Organizations Law Review, 17(2), 379-417. https://doi.org/10.1163/15723747-20181138

Whilst most legal scholarship focuses on the responsibility of the United Nations for human rights violations few studies have ascertained the legal basis of the primary rules leading to such responsibility. This article fills this gap by reviewing t... Read More about Binding the United Nations to customary (human rights) law.

The obligation to investigate after a potential breach of article 2 ECHR in an extra-territorial context: Mission impossible for the armed forces? (2019)
Journal Article
Quénivet, N. (2019). The obligation to investigate after a potential breach of article 2 ECHR in an extra-territorial context: Mission impossible for the armed forces?. Netherlands Quarterly of Human Rights, 37(2), 119-138. https://doi.org/10.1177/0924051919844374

© The Author(s) 2019. The growing number of military operations conducted by States Party to the European Convention on Human Rights abroad has led to a concomitant surge in court cases, notably relating to the duty to investigate an attack resulting... Read More about The obligation to investigate after a potential breach of article 2 ECHR in an extra-territorial context: Mission impossible for the armed forces?.

Does and should international law prohibit the prosecution of children for war crimes? (2017)
Journal Article
Quenivet, N. (2017). Does and should international law prohibit the prosecution of children for war crimes?. European Journal of International Law, 28(2), 433-455. https://doi.org/10.1093/ejil/chx023

© The Author, 2017. Published by Oxford University Press on behalf of EJIL Ltd. This article investigates whether international law prohibits the prosecution of children for war crimes and, if it does not, whether it should do so. In particular, the... Read More about Does and should international law prohibit the prosecution of children for war crimes?.

Commentary on the European Council’s Draft Guidelines Following the UK’s Notification under Article 50 TEU (2017)
Journal Article
Dadomo, C., & Quenivet, N. (2017). Commentary on the European Council’s Draft Guidelines Following the UK’s Notification under Article 50 TEU

Under Article 50(2) TEU ‘A Member State which decides to withdraw [from the EU] shall notify the European Council of its intention.’ As the Heads of States or Government of the 27 Member States and the Presidents of the European Council and the Europ... Read More about Commentary on the European Council’s Draft Guidelines Following the UK’s Notification under Article 50 TEU.

Girl soldiers and participation in hostilities (2011)
Journal Article
Quenivet, N. (2011). Girl soldiers and participation in hostilities. African Journal of International and Comparative Law, 16(2), 219-235. https://doi.org/10.3366/E0954889008000182

Recently, organisations working with former child soldiers have observed the growing number of girls involved in armed conflicts. While their fate as sexual slaves is well documented, their participation in hostilities is less acknowledged. Girls, li... Read More about Girl soldiers and participation in hostilities.

Binding the United Nations to human rights norms by way of the laws of treaties (2010)
Journal Article
Quenivet, N. (2010). Binding the United Nations to human rights norms by way of the laws of treaties. The George Washington journal of international law and economics, 42, 587-621

There is no doubt that the United Nations has on various occasions violated human rights norms. Yet, it is unclear what the international legal source of its obligations to abide by human rights law is. This Article examines whether it is possible to... Read More about Binding the United Nations to human rights norms by way of the laws of treaties.

The ‘war on terror’ and the principle of distinction in international humanitarian law (2010)
Journal Article
Quenivet, N. (2010). The ‘war on terror’ and the principle of distinction in international humanitarian law. ACDI: Anuario Colombiano de Derecho Internacional, 3(2), 155-186

New security threats, which have surfaced in the past few years, are seriously jeopardizing the relevance and implementation of international humanitarian law. This paper investigates the impact of the war on terror on the principle of distinction in... Read More about The ‘war on terror’ and the principle of distinction in international humanitarian law.

The report of The International Commission of Inquiry on Darfur: The question of genocide (2006)
Journal Article
Quenivet, N. (2006). The report of The International Commission of Inquiry on Darfur: The question of genocide. Human Rights Review, 7(4), 38-68. https://doi.org/10.1007/s12142-006-1002-y

The crisis in Darfur (Sudan), which sparked in February 2003, only caught the United Nations' attention in Spring 2004. Questions emerged as to whether the conflict between the rebels and the government was simply insurgency warfare or, in fact, conc... Read More about The report of The International Commission of Inquiry on Darfur: The question of genocide.