This week has seen news of potential use of amnesty laws in three countries – the Central African Republic, Guatemala, and Venezuela. Here, nuances are important to highlight. In CAR, with the peace agreement under wraps initially, early news reports indicated the push for a ‘blanket’ amnesty, i.e. exemption from international crimes, including crimes against humanity and war crimes. Other reports...
Statelessness as a phenomenon has been in the news of late – from the impact of statelessness on the Rohingya, to the potential revocation of nationality of 4 million in India’s Assam state, and the grant of citizenship to some survivors of a dramatic rescue of a Thai football team. It is estimated that there are approximately 10 million individuals...
“Internationalized Armed Conflicts in International Law” by Kubo Mačák presents a detailed and insightful analysis of the tipping point at which non-international armed conflict (NIAC) may be ‘internationalized’ and considered to be an international armed conflict (IAC), with the focus in particular in relation to the status of combatants and the law of occupation. Far from esoteric, the topic is...
The recent nominations for judicial posts at the UN International Residual Mechanism for Criminal Tribunals (IRMCT) have caused outrage. However, the frustration expressed regarding the lack of adequate representation of women on the international stage is not new. The issue is not just one of gender representation but also crucially of access to justice. This is therefore an opportune time...
Facebook commissioned a human rights impact assessment into its presence in Myanmar by Business for Social Responsibility (BSR), which has recently released its report. While news outlets reported this as a mea culpa by Facebook regarding the use of its platform in contributing to atrocities in Myanmar – perhaps partly due to the product policy manager’s note in disseminating the report...
This post is a continuation of the analysis of proceedings at the Philippine Supreme Court, relating to the withdrawal of the Philippines from the International Criminal Court. C. R.A. 9851: A Double Bind? The sufficiency of the “The Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity” or R.A. 9851 in addressing mass atrocity crimes was...
The Philippine Supreme Court has just completed hearings in a legal challenge relating to the Philippine withdrawal from the International Criminal Court. On the heels of the South African High Court ruling against the withdrawal from the ICC on the grounds of unconstitutionality and thereby invalidatingthe withdrawal, this case in the Philippines bears watching. I attended the three days of hearings...
[Priya Pillai is a lawyer and international law specialist, with expertise in the areas of international justice, international human rights, transitional justice, peace and conflict, and humanitarian issues.] Marking a year since the recent exodus of Rohingya from Rakhine state to Bangladesh, the U.N. Human Rights Council mandated Independent International Fact-Finding Mission (FFM) released its final report on 18 September 2018....