oxford law - the faculty and its members : dapo akande

Dapo Akande is also Yamani Fellow at St. Peter’s College and Co-Director of the Oxford Institute for Ethics, Law and Armed Conflict (ELAC). He was recently Visiting Associate Professor and Robinna Foundation International Fellow at Yale Law School. He has also been Visiting Professor at the University of Miami School of Law. Prior to his appointment at Oxford, he held Lectureships at the Universities of Durham and Nottingham. Before that he had part-time appointments at the London School of Economics as well as at Christ’s and Wolfson Colleges, Cambridge.

He has varied research interests within the field of general international law and has published articles on aspects of the law of international organizations, international dispute settlement , international criminal law and the law of armed conflict. His aritcles have been published in leading international law journals such as the American Journal of International Law, the British Yearbook of International Law and the European Journal of International Law . His article in the Journal of International Criminal Justice on the "Jurisdiction of the International Criminal Court over Nationals of Non-Parties: Legal Basis and Limits" was awarded the 2003 Giorgio La Pira Prize.

In addition to being editor of EJIL:Talk! (the blog of the European Journal of International Law), he is a member of the boards of a number of journals, academic and professional organizations, including:
the Scientific Advisory Board of the European Journal of International Law;
the Editorial Board of the African Journal of International and Comparative Law;
the Advisory Council of the British Institute of International and Comparative Law;
the Executive Council of the British Branch of the International Law Association; and
the Advisory Committee of International Lawyers for Africa.

Dapo has acted as Consultant for the African Union on the international criminal court and on the law relating to terrorism. He has also provided training on international humanitarian law and international criminal law to diplomats, military officers and other government officials. In addition, he has advised and assisted counsel or provided expert opinions in cases involving questions of international law. In particular, he has worked on litigation in the International Court of Justice, the International Tribunal for the Law of the Sea, international arbitral tribunals, WTO and NAFTA Dispute Settlement Panels as well as cases in England and the United States of America.

URL: http://www.oup.com/us/catalog/general/subject/Law/PublicInternationalLaw/InternationalCriminalandHumanita/?view=usa&ci=9780199238316

DOI: 10.1093/jicj/mqp034

Abstract: This article considers whether states are obliged or permitted to arrest Sudanese President Omar al Bashir pursuant to a warrant of arrest issued by the International Criminal Court (ICC). The article considers the extent to which the ICC Statute removes immunities which would ordinarily be available to state officials. It is argued that the removal of the immunity by Article 27 of the ICC Statute applies also at the national level, when national authorities act in support of the ICC. The article examines the application of Article 98 of the ICC Statute and considers the legal nature of Security Council referrals to the ICC. It is argued that the effect of the Security Council referral is that Sudan is to be regarded as bound by the ICC Statute and thus by Article 27. Given that the Statute operates in this case not as a treaty but by virtue of being a Security Council resolution, the removal of immunity operates even with regard to non-parties. However, since any (implicit) removal of immunity by the Security Council would conflict with customary international law and treaty rules according immunity to a serving head of state, the article considers the application of Article 103 of the United Nations (UN) Charter in this case.

URL: http://www.law.upenn.edu/groups/jilp/5-1_Gazzini_Tarcisio.pdf

URL: http://www.oup.com/uk/catalogue/?ci=9780199282708

ISBN: 0-19-925114-2

DOI: 10.2307/3181639

URL: http://www.asil.org/ajil/ajil043.pdf

ISBN: 0002-9300

URL: http://jicj.oxfordjournals.org/cgi/reprint/1/3/618?ijkey=4yfXaNB0woWUY&keytype=ref&siteid=jicjus

Abstract: This article examines the jurisdiction of the International Criminal Court (ICC) over nationals of states not party to the ICC Statute. The article first addresses the US argument that the exercise of ICC jurisdiction over nationals of non-parties without the consent of that non-party would be contrary to international law. The author considers the principles which support the delegation of criminal jurisdiction by states to international tribunals and discusses the precedents for such delegations. It is further argued that the exercise of ICC jurisdiction over acts done pursuant to the official policy of a non-party state would not be contrary to the principle requiring consent for the exercise of jurisdiction by international tribunals. Finally, the article explores the limits to the jurisdiction of the ICC over non-party nationals. In particular, the article addresses the circumstances in which ICC parties are precluded from surrendering nationals of non-parties to the ICC.

D Akande and S Williams, 'International Adjudication and National Security Issues: What Role for the WTO' (2003) 43 Virginia Journal of International Law 365-404

Abstract: 60% contribution by this author

ISBN: 0042-6571

URL: http://www.ejil.org/journal/Vol9/No3/090437.pdf

D Akande, 'Nuclear Weapons, Unclear Law? Deciphering the Nuclear Weapons Advisory Opinion of the International Court' (1997) 68 British Yearbook of International Law

D Akande, 'The Role of the International Court of Justice in the Maintenance of International Peace' in N. White (ed), Collective Security Law (Ashgate 2003)

Abstract: This publication reproduces, in a collection of seminal works on collective security, an article first published in (1996) 8 African Journal of International Comparative Law. The chapter examiners the role and record of the international court in the settlement of disputes which are likely to affect international peace.

D Akande, 'The International Court of Justice and the Security Council: Is there Room for Judicial Control of Decisions of the Political Organs of the United Nations' (1997) 46 International and Comparative Law Quarterly 309-343