Article Per Year (5 Year)
p-Index From 2021 - 2026
0
P-Index
This Author published in this journals
All Journal Indonesian Journal of International Law
Eric Corthay, Eric
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
The identification of victims of human trafficking: definition, challenges and States’ obligations Corthay, Eric
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (760.658 KB)

Abstract

Human trafficking has been an ever-longing international problem, which violates human rights in various forms of crime. There are many root causes which explain the existence and the rapid rise of human trafficking, including the emerging of supply and demand culture. This raised effort against human trafficking in the international community. These effort is focused on the prevention against trafficking, protection of victims, and prosecution of criminals. Human trafficking itself may be defined by activities revolving around it, the means used, and the purpose of the exploitation itself. The main challenge when encountering human trafficking is the ability to identify the forms of human trafficking, which requires reasonable measures of multidimensional support and protection. However, the obligations provided in several established legal instruments, for example Trafficking Protocol, are sometimes ambiguous, and subsequent State practice shows that they have had rather limited results. Therefore, a better approach is necessary in combatting human trafficking. This might include allowing courts to certify as such any victims who are identified during the proceedings, allowing a judicial or administrative determination to be made based on the application of law enforcement, border control or other officials who encounter victims in the course of investigations or prosecutions; and/or allowing a judicial or administrative determination to be made based on the application of the alleged victim personally or some representative, such as a representative of a non-governmental organization.
TERRORIST THREAT ON THE HIGH SEAS ANALYSIS OF SOME ASPECTS OF THE RIGHT OF VISIT AND SELF-DEFENCE Corthay, Eric
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (941.955 KB)

Abstract

Vessels of all sizes can be used in a number of ways by terrorists, they can utilize a vessel as a means, a weapon, a bomb, or as a disruption tool. When a terrorist attack happens, it is already too late, hence the critical importance for the international community to take timely, accurate and efficientex ante factosteps.Counter-terrorism measures implemented on the high seas to prevent maritime terrorist attacks from occurring are possible but limited by the international law and notably the law of the sea. To some extent, the law of the sea limits counter-terrorism efforts. On the high seas, enforcement measures against terrorists or terrorist-related activities on board foreign vessels are restricted by the principle of exclusivity of flag State jurisdiction (a). Nevertheless, the application of the principle can be derogated from by the right of visit which provides for, under certain conditions, some leeway to States in their fight against maritime terrorism (b). it is difficult to justify interdiction operations carried out in order to counter terrorist threats on the high seas by the right of self-defence. The first reason relates to the differences in rationale and legal regime between the force deployed during interdiction operations and the one used in self-defence (a); the second reason concerns the existence or not of a right of anticipatory self-defence (b).
MILITARY COOPERATION IN THE FIGHT AGAINST TERRORISM FROM THE STANDPOINT OF INTERNATIONAL LAW Corthay, Eric
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (437.338 KB)

Abstract

From the Sahel-Sahara region to Afghanistan, from Syria to the Philippines, the international community has been witnessing, for a number of years now, the establishment of military training and support partnerships, the launch of joint military operations and the formation of international coalitions which have had a recent upsurge, all of these regional having been specifically designed to fight against and eliminate the terrorist scourge. These different forms of military cooperation have been justified either by a consent or request from the territorial State, by the right of self-defense, or even by an authorization from the UN Security Council. This article’s purpose is to analyze the legal framework within which the operations must fall in order for them to be lawful and their justifications to be valid. Through the analysis of doctrinal debates, actual State practice and the decisions of the International Court of Justice, this paper examines notably the criteria that make an intervention by invitation valid, the limitative conditions of invocation and implementation of the right of self-defense, and finally the original as well as the current mechanism of collective security that has led to the establishment of peace or multilateral operations.
Co-Authors