To ensure its continued viability, the International Criminal Court must find “practical” ways to appeal to its African (and global) audience, options that do not require substantial additional funding or revisions to the Rome Statute while remaining true to fundamental principles of international justice. Subject to such limitations, this article examines the “end product” of the ICC – the judgments authored by the Trial Chambers to date. Unfortunately, these opinions are simply incomprehensible to any but a few specially trained, highly interested stakeholders. They are extraordinarily complex and lengthy and fail to emphasize or address issues that are clearly important to the audiences in states where atrocities have occurred. The article reviews existing judgments and provides suggestions for future improvements, thereby increasing accessibility to African leadership, civil society organizations, and the public at large. Such efforts will contribute to increased legitimacy and, consequently, the long-term impact and relevancy of the Court.

The incorporation of intentional parentage by female same-sex couples in Danish and Dutch law in 2013 has taken place on the premises of the existing parentage law. In Dutch law, the second mother may automatically become the legal parent (formal relationship – anonymous donor) or she may become the legal parent in all other situations by recognition with consent of the mother. In Danish law, the second mother’s parentage may be established in a simple registration procedure, if she has consented to the act of assisted reproduction prior to treatment. When use has been made of a known donor there is no direct presumption favouring the known donor or the second mother in either country. Danish law provides a contractual understanding to be made prior to treatment while Dutch law depends upon the initiative of the parties and to whom the mother gives consent to recognition – with subsequent discretionary power of the court to modify the result. The main difference we associate with a systemized specific legislative approach (Denmark) and discretionary powers of the court to correct the outcome (the Netherlands).

The need to build a legal paradigm corresponding to the current evolution of society is one of the most important challenges that family lawyers are facing in the last years. In this regard, this paper illustrates the new Italian, French, and Irish reforms aimed at pursuing the best interest of the child within non-traditional families.

The EU is currently in the midst of unifying the private international law rules on family matters and succession. This article seeks to explain this expansion into essentially non-economic territory. In order to do so, it presents the ideological, problem-based, and legal considerations that appear to lie at the heart of legislative action in these fields. However, as will become apparent, it is the role of the Member States that is crucial in guiding this process.

This article describes the status quo in cross-border surrogacy cases, more specifically how national courts deal with the recognition of parenthood validly established abroad. As the recognition of motherhood is deemed to violate the national ordre public, the solutions so far, i.e. recognition of fatherhood and adoption, will be examined. Moreover, the arguments for an alleged ordre public-violation concerning motherhood will be presented. Finally, the question whether the European Human Right Convention has an impact on the interpretation of the best interest of the child will be answered.

For the past 15 to 20 years there has been intense discussion in many European countries how mothers in a crisis situation can be prevented from abandoning or even killing their new born babies. Baby-boxes have been installed in a number of countries and/or possibilities for anonymous birth have been discussed or introduced. The Committee on the Rights of the Child expressed concern over these developments and stated that both developments infringe on the child’s right to know its origins. Both Germany and the Netherlands have taken steps to protect new mothers and their babies in crisis situations by introducing a form of secrecy surrounding the mother’s identity. In Germany this has taken the form of a recently introduced law that keeps the birth and the identity of the mother confidential, in the Netherlands this has taken the form of a protocol drawn up by professionals which aims to keep the birth and the mother’s identity secret. This article will compare and critically discuss these developments in Germany and the Netherlands.

Article 15 Brussels II-bis provides for the transfer of jurisdiction from one Member State to another. This contribution examines the conditions and practice surrounding the application of Article 15 Brussels II-bis from two jurisdictions, namely the Netherlands, and England and Wales. From this comparison it is clear that there are evident divergent viewpoints as to the approach to be taken with Article 15 Brussels II-bis. This article is, therefore, aimed at bringing those differences in approach to the forefront so as to assist the European legislature in the ongoing evaluation of the Brussels II-bis Regulation.

Following the adoption of a new Constitution in 2010, Kenya embarked on an extensive process of law reform in order to give effect to the provisions of the Constitution. Accordingly, in 2014, two main statutes were adopted in the area of family law: the Matrimonial Property Act and the Marriage Act. In addition, parliamentary discussion of a Bill on domestic violence was underway as of March 2015. The main outcome of the Marriage Act is the consolidation of family laws that were previously covered in multiple statutes, customary law, and common law in one Act. The Matrimonial Property Act is the first Kenyan legislation on the subject, and is therefore a critical development in Kenya’s family law. The new family laws embrace a number of significant developments at the national and international levels in relation to matrimonial relations. However, the new laws also raise concerns in a number of areas of family law including; the equality of men and women in marriage, the capacity of persons with disabilities to consent to marriage, the rights of spouses to matrimonial property, kinds of marriage, and registration of marriages. This article discusses the approach of these laws to selected issues in marriage and matrimonial property, and highlights areas of concern in this regard.

The right of children to participate in all matters affecting them is considered to be one of the fundamental principles guiding the understanding, interpretation, and application of all children’s rights. In terms of international law, this right is contained in Article 12 of the United Nations Convention on the Rights of the Child. Similar provisions are contained in the African Charter on the Rights and Welfare of the Child. Child participation establishes the right of every child to freely express his or her views, in all matters affecting him or her, as well as the ‘subsequent right’ for those views to be given due weight, in line with the age and maturity of the child involved. The right of the child to be heard, as expressed in the Convention on the Rights of the Child represents a shift in perspectives from children as ‘incomplete human beings’ to children as subjects of rights and not merely objects of legal protection. This article provides an overview of the manner in which the principle of child participation is incorporated in some family law matters affecting children in South Africa.