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The discrepancies in the application of the conventions, and the growing critique with the UN orthodoxy have produced cracks in the armour of this "war".
The international committee of the Red Cross, the Geneva-based group that monitors the application of the conventions, today said that the abuse was so widespread that it might have been condoned by US-led coalition forces.
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The scope of consular immunity is uncertain because courts differ in their application of the Convention's immunity rule.
The UK proposal says: "An application would be inadmissible if it were substantially the same as a matter that had already been examined by a domestic tribunal applying convention rights unless that tribunal had manifestly aired in its interpretation of the application of the convention or the application raised a serious question affecting interpretation or application of the convention".
And there would be a further exception if the application raised a "serious question affecting interpretation or application of the convention".
Cases are referred to the grand chamber if they raise serious questions affecting the interpretation or application of the convention or serious issues of general importance.
An exception would be made where the national court had "manifestly erred in its interpretation or application of the convention rights".
Instead, the court ruled the case reflects "disputes between the two states concerning the interpretation or application of the convention" - something which falls within its remit.
Appeal to the ITLOS is one of the means for the settlement of disputes concerning the interpretation or application of the Convention.
Secondly, the panel decides that the request was received within the three-month deadline and that it raises "a serious question affecting the interpretation or application of the convention… or a serious issue of general importance".
It applies whether the aircraft is owned by private persons or by public bodies; but, as to aircraft owned by a state directly, application of the convention may be excluded by appropriate reservation.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com