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26 Oct Motive Matters: The Meaning of Attack Under IHL & the Rome Statute
...Patriots (UPC). Both the FPLC/UPC were involved in several armed conflicts in eastern Democratic Republic of the Congo (DRC), at least one of which was against members of the Lendu, a label for two ethnic subgroups in eastern DRC. On November 20, 2002, Ntaganda commanded FPLC/UPC forces in attacking the town of Mongbwalu. In the immediate aftermath of the takeover of the town, members of the FPLC/UPC conducted a ratissage operation (search and sweep or a “mopping up” operation) during which they committed widespread crimes against civilians and looted medical...27 Sep HILJ Symposium: A Commentary on Ozan Varol’s “The Democratic Coup d’Etat”
...a distinction between coups that result in free and fair elections and those that do not. Because this Article employs Huntington’s definition of democracy, it does not use the term “democracy” to make a normative judgment on the quality of the democracy that emerges out of a democratic coup. The term “democracy,” however, cannot so easily be stripped of its normative baggage. In adopting the Schumpeterian procedural definition of democracy – the only definition that can provide “the analytical precision and empirical referents that make the concept a useful one”...10 Dec Dan Bodansky Letter from Copenhagen
...accepts only the 2 degree goal and calls on developed countries to “undertake ambitious long-term and mid-term quantified emission reduction targets and to provide adequate and effective finance, technology transfer and capacity building support to developing countries.” Financial assistance Although there is general agreement on initial funding of $10 billion annually, the longer term financial arrangements remain unresolved, including the overall scale of funding as well as the institutional arrangements for finance. MRV-Compliance Finally, MRV (monitoring, reporting and verification) and compliance remain contentious. Key issues include: • Whether large developing...
08 Mar A Short-Term Option for Addressing Misinformation during Public Health Emergencies: Online Nudging and the Human Right to Freedom of Thought
Richard is Research Fellow in Public Health Emergencies and the Rule of Law at the Bingham Centre for the Rule of Law, British Institute of International and Comparative Law. As part of a new project funded by the UK Arts and Humanities Research Council (grant no. AH/V015214/1), his current research concentrates on public health emergencies from a rule of law and good governance perspective, with a view to building public trust in data-driven responses to public health emergencies. The matter of misinformation is one that societies have dealt with for...
17 Jul Ensuring Respect for the Geneva Conventions: A More Common Approach to Article 1
...Both the book’s author, Tilman Rodenhäuser, and Professor Marco Sassòli in his contribution to the symposium marking its publication, use the term “ensure respect” to describe the imposition of discipline by an armed group’s leaders on their own followers. In that context, the ordinary meaning of the term was evidently so clear that no discussion of alternatives (respect by other armed groups?) proved necessary. Subsequent agreements Although the phrase is repeated in subsequent agreements between the High Contracting Parties – such as the First and Third Additional Protocols and resolutions...24 Jun The Universal Periodic Review (UPR) and Its Role in Enhancing the Work of the UN Treaty Body System
...mid-term reports that States and National Institutions and Civil Society Groups have submitted for consideration by the UN Human Rights Council. This article seeks highlight the main findings, from the UPR mid-term reports, as they appear in a research brief entitled ‘The Universal Periodic Review Mid-Term Reporting Process: Lessons for the UN Treaty Bodies’. The experience of the methodologies used in preparing UPR mid-term reports demonstrates numerous practices that can be of value for the follow-up work of the UNTBs Concluding Observations (CoBs) as well as act as mid-term appraisals...09 Jan Is the EU Adopting a Double-Standards Approach toward Israel and the Palestinian Territories? (Part 1)
the truthfulness or credibility, vel non, of those terms) -- I'm still interested in hearing (or, reading) your legal response. Morris One has to assume that Kevin similarly ignores The League of Nations Mandate for Palestine (Eretz Israel) and the UNGA Resolution 181 which both refer to the District of Samaria, Samaria and Judea. The terms are geographical. West Bank is a term that originated from the illegal occupation of Cisjordan by Transjordan in 1948/9. Miller I was drawn to this website by its self-description as "a forum for informed...30 Jan Professor George Bisharat Calls (Again) for an ICC Investigation of Israel
be seen if the current prosecutor, not to mention the Chambers, shares the view that the Court need not undertake its own legal analysis of Palestine's Statehood, rather than relaying on the General Assembly's conclusions, to determine that the preconditions to jurisdiction in Article 12 have been met. Now, regarding your two arguments: if it is controversial that the term "State" in Article 12 should be read in light of Article 125, then it is even more doubtful that the term in Article 12 should be read in light of...19 Jul International Gun Control Efforts?
...rounded up and exterminated. Cambodia- Established gun control in 1956. From 1975 to 1977, 1 million educated people, unable to defend themselves, were rounded up and exterminated. Guatemala- Established gun control in 1964. From 1964 to 1981, 100,000 Mayan Indians, unable to defend themselves, were rounded up and exterminated. Uganda- Established gun control in 1970. From 1971 to 1979, 300,000 Christians, unable to defend themselves, were rounded up and exterminated. Defenseless people rounded up and exterminated in the 20th Century because of gun control: 56 million. Henry Bowman "The craziest...
12 Apr ICC Prosecutor Symposium: The Search for the New Prosecutor is Too Narrow in Scope
...Statute by delegates to the Rome Conference. It doesn’t appear that much thought, if any, was given to the core skills that the independent Prosecutor would really require. Rather than interpret Article 42(3) in a broad manner, so as to obtain the best candidates, the tendency of the Assembly of States Parties and of those directly involved in the search has been to narrow the job description even more than in the unsatisfactory terms of the Statute itself. It seems implausible that the drafters of the Rome Statute meant to...