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31 Jan The CIA Violated the Terrorist Bombing Convention
...1's express reference to "as those terms are understood in international humanitarian law" other than as referring to "armed forces" as well as "armed conflict" The language references terms, plural, and the only terms appearing in the referenced preceding clause are "activities", "armed forces," and "armed conflict." Only two of those ("armed forces" and "armed conflict") are terms with a particular understanding in IHL. (Unless I'm missing something, "activities" is not a term of art in IHL). Therefore, either you write that clause out of existence entirely, you write out...07 Jul The Rights of the Victims of Enforced Disappearance Do Not Have an Expiration Date
...persons was reaffirmed in the Guiding Principles on the Search for Disappeared Persons, adopted by the Committee on Enforced Disappearances (CED) in April, 2019. Principle 7 establishes that the search is a permanent obligation that “should continue until his or her fate and/or whereabouts have been determined with certainty”. In light of Art. 30 of the Convention, this principle addresses situations in which the person is found either alive or dead, and reflects the continuous nature of the search by highlighting that the search comes to an end only once...
02 Mar Not All that Glitters Is Gold: the Human Rights Committee’s Test for the Extraterritorial Application of the ICCPR in the Context of Search and Rescue Operations
...a regrettable reluctancy to perform search and rescue operations, mostly because of the implications on disembarkation of migrants rescued at sea. In these cases, the application of a very low jurisdictional threshold for purposes of human rights responsibility may risk being yet another disincentive. Human rights law, rather than being the enforcement mechanism of search and rescue obligations that some would like it to be, may result in even less compliance with these obligations. Conclusion A test for effective control that does not risk inhibiting search and rescue, coupled with...10 May The Interplay Between Human Rights and Humanitarian Law
...proportionality requirement, which comes from human rights law, and that is that you must employ the least harmful means of neutralizing a threat. That requirement simply does not exist when it comes to combatants in IHL. Marko Milanovic Dave, I agree entirely with the first part of your comment, and I apologize for any terminological confusion. After Additional Protocol I, the term 'combatant' means what in today's US parlance is termed a lawful combatant, i.e. someone who is entitled to participate in hostilities and who is entitled to POW status...
24 Nov The United States’ Obligations Regarding Separated Migrant Children
nature and investigations need to be undertaken until the fate of a disappeared person has been clarified. Thus, the US authorities must search for the parents until all of them have been found and the identity of all children has been established. The obligation to continue the search and establish the identity will continue also when the children are adults. Life of the Separated Children During the Search While the search for the parents continues, other obligations arise to the separated children. As victims of enforced disappearances, they are provided...
31 Jul Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Solidarity Between the Palestinian Al-Haq and Congolese Action Youth Platform’s Campaigns against Genocide: A Focus on the Politics of Language and Naming
the historical context of their ongoing suffering and struggle: “Genocost” and “Nakba”. These terms highlight that “genocide” for both Congolese and Palestinians is a continuous process, not a singular event. Many organisations are pushing for campaigns against genocides in DRC and Palestine, particularly Al-Haq and the Congolese Action Youth Platform (CAYP). Due to the campaigns by Al-Haq and CAYP, the term “genocide” has gained traction among social media users globally, deployed to describe the atrocities in both Eastern DRC and Gaza Strip in Palestine. At the time of this writing,...
21 Nov The ICC Independent Expert Review – A Response to Prof. Guilfoyle’s Post on Questions of Trust and Tenure
...the Organisation for the Prohibition of Chemical Weapons’ (OPCW) 7-year term of service, as well as policies of the Organisation for Security and Cooperation in Europe (OSCE) and the International Atomic Energy Agency (para. 249). It does not consider the repercussions of this term limit for staff and the broader consequences when placed in the context of international institutions and opportunities for former staff from other tribunals, specifically in The Hague. While imposing term limits may be appropriate in some instances, for example, on judicial terms of service, it is...