TY - JOUR A1 - Çalı, Başak A1 - Galand, Alexandre Skander T1 - Towards a common institutional trajectory? Individual complaints before UN treaty bodies during their Booming years JF - The International Journal of Human Rights N2 - The expanding number of UN treaty bodies with competence to rule on individual complaints as well as the increasing amount of complaints lodged before these bodies trigger the question whether they are capable of acting as a unified institution when dealing with individual complaints or whether they remain as a fragmented institutional site. In this article, we comparatively analyse the case law of all treaty bodies between 2013 and 2016 with the aim of assessing whether UN treaty bodies are moving towards a common institutional trajectory. We find that despite textual differences, the treaty bodies’ case law displays both early signs of a common institutional trajectory and risks of institutional fragmentation. The most significant common institutional trends are access friendliness; self-referential citations, a preference for implicit harmonisation; and case by case activism with respect to individual remedies. Yet, we also identify lack of systematic and explicit cross treaty-fertilization and diverging approaches to specifying general remedies as risks that may undermine the formation of a common institutional trajectory. We argue that the early signs of informal collective institutionalisation may be capable of fostering a common institutional identity in the years to come, if risks of fragmentation are acknowledge and mitigated. Y1 - 2020 U6 - https://doi.org/10.1080/13642987.2019.1709447 SN - 1744-053X SP - 1 EP - 24 ER - TY - JOUR A1 - Galand, Alexandre Skander T1 - Bemba and the Individualisation of War: Reconciling Command Responsibility under Article 28 Rome Statute with Individual Criminal Responsibility JF - International Criminal Law Review N2 - Never has the doctrine of command responsibility been shaken as when the Appeal Chamber of the International Criminal Court issued the Bemba Appeal Judgment. The latter solely addresses whether the defendant – Jean-Pierre Bemba, former Commander-in-chief of the Mouvement de libération du Congo – took reasonable and necessary measures to prevent or punish his subordinates’ crimes perpetrated in the Central African Republic. Yet, the various dissenting, separate and concurring opinions advocate opposing positions on the scope, elements and nature of this notorious doctrine. This paper relocates the ‘sharp disagreements’ that surfaced during the Bemba Appeal Judgment within the broader phenomena of the individualisation of war. Through an in-depth examination of the interpretation offered by the appellate judges, it designs a model of command responsibility that properly individualises Article 28 Rome Statute, and, by the same token, respect the fundamental rights of military commanders. Y1 - 2020 U6 - https://doi.org/10.1163/15718123-bja10018 VL - 20 IS - 4 SP - 669 EP - 700 ER - TY - JOUR A1 - Galand, Alexandre Skander T1 - The Crime of Aggression: A Commentary JF - European Journal of International Law Y1 - 2020 UR - https://academic.oup.com/ejil/article/31/3/1176/6055180 U6 - https://doi.org/10.1093/ejil/chaa076 VL - 31 IS - 3 SP - 1176 EP - 1183 ER - TY - CHAP A1 - Galand, Alexandre Skander T1 - Revision of Judgment: International Criminal Courts and Tribunals T2 - Max Planck Encyclopedias of International Law Y1 - 2021 UR - https://opil.ouplaw.com/view/10.1093/law-mpeipro/e3387.013.3387/law-mpeipro-e3387 ER - TY - JOUR A1 - Galand, Alexandre Skander T1 - The Nature of the Rome Statute of the International Criminal Court (and its Amended Jurisdictional Scheme) JF - Journal of International Criminal Justice N2 - This article shows that in the 20 years following the adoption of the Rome Statute of the International Criminal Court its nature has surfed on three waves. Building upon the Court’s case law on the principle of legality and the immunity of state officials from non-party states, it shows that the Statute was initially conceived to be of universal nature, transcending the interests of all states. However, following a series of pushbacks, the Court revised this case law to rightly acknowledge that its Statute is first of all a multilateral treaty regulating the conduct committed in the territory and by nationals of its states parties. Yet, this second wave maintained the potential for the Statute to be universally applicable when the Court’s jurisdiction is based on ad hoc declarations of acceptance or Security Council referrals. However, the journey to amend the Statute to define the crime of aggression and new war crimes might have made the prospects for universal application dependent upon universal ratification. This article argues that this third wave certainly evinces a novel shift towards state consent, but that direct and indirect forms of consent can still premise the Court’s jurisdiction over situations concerning states which have not ratified the Statute or its amendments. Y1 - 2019 U6 - https://doi.org/10.1093/jicj/mqz051 SN - 1478-1387 VL - 17 IS - 5 SP - 933 EP - 956 ER - TY - JOUR A1 - Çalı, Başak A1 - Galand, Alexandre Skander T1 - A Tale of Disregard? Reception of the Jurisprudence of the United Nations Committee on the Rights of Persons with Disabilities before the European Court of Human Rights JF - Human Rights Quarterly N2 - The Convention on the Rights of Persons Disabilities (CRPD) was hailed as a transformative human rights treaty when it came into force in 2008. The CRPD not only promises the remediation of the under-protection of the rights of persons with disabilities in international human rights law, but it also aims to transform the deep and structural inequalities underpinning the governance of disability through law and policy. The Committee on the Rights of Persons with Disabilities (CRPD Committee) has adopted and extended this transformative ethos in its jurisprudence. In this article, we examine the reception of this jurisprudence by the European Court of Human Rights (ECtHR) and ask whether and how the CRPD Committee's interpretation of the CRPD has influenced the case law of the ECtHR. By focusing on the right to legal capacity, accessibility and reasonable accommodation, we demonstrate that the transformative jurisprudence of the CRPD Committee was met with visible disregard in Strasbourg. Our findings point to both the importance of specialized human rights treaties and jurisprudence in advancing the rights of historically discriminated groups and the challenges of judicially diffusing transformative protections for the rights of persons with disabilities into general human rights law. Y1 - 2025 U6 - https://doi.org/10.1353/hrq.2025.a965925 VL - 47 IS - 3 SP - 394 EP - 425 PB - Project MUSE ER -