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19 May Dutch Court Concludes Anfal Campaign Wasn’t Genocide
may be that the appellate court is simply rebuking the prosecutor for not doing a good enough job of proving the genocide -- but again, the prosecutor obviously did a good enough job to satisfy the trial court. So I continue to believe the only rational inference is that the appellate court was hostile to the idea that the extermination of the Kurds constituted genocide. Marko Milanovic Kevin, Well, the point that I (and, I hope, Anne) was trying to make is the nature of factual determinations made by the...
31 Oct Third Annual Symposium on Pop Culture and International Law: What if – On the Value of Justice for Thanos
...cannot spit it as an epithet. Part of me recoils at the inaccurate use of the term by victims’ groups. I understand the want to claim that mantle for the suffering of one’s group. This is, after all, this is what was called in Akayesu the “gravest crime”, or the “crime of crimes” in Kambanda. But I worry this social meaning of genocide not only obscures the legal meaning, but weakens the moral punch of the term over time. Part of me feels that genocide doesn’t belong on Dr. Strange’s...
23 Jan Symposium: Internationalized Armed Conflicts—Four Concluding Thoughts
...a result, the ICRC was abandoning the use of the term “internationalized internal armed conflict”. Some of the criticism in this symposium shares the ICRC’s assessment that the term was “misleading” because, as Tristan had written, it “might seem to suggest that a single legal framework – the law of IAC – applies to such situations or that they constitute a third category of armed conflict for which the applicable legal framework is uncertain” (p. 1251). Perhaps paradoxically, I believe that these reasons are exactly why we do need the...27 Apr Operationalising Functionality: Questioning the Term ‘Functional’
...must be a further elaboration and concretization of its mechanism or process, lest this approach to operationalising the way the law of occupation is applied contributes to the law’s indeterminacy. This brief response therefore seeks to ask guiding questions and postulate some predicaments in order to elaborate the content of the functional approach, and explain the ways in which it relates to the binary, or on/off, approach. Some basic considerations include: what are the elements and purpose of the protective function of the law of belligerent occupation? How is this...15 May Bemba, et al. Sentencing Decision: A Victory with a Bitter Taste
...as for inducing their false testimony. The Chamber ordered the time spent in pre-trial detention deducted from his prison term and the enforcement of the remaining term postponed for a 3-year probationary period, as long as Kilolo pays a EUR 30,000 fine within 3 months of the decision and refrains from committing another offence bearing a prison sentence. Finally, Jean-Pierre Bemba, who was convicted as co-perpetrator of corruptly influencing 14 Defense witnesses and presenting their false evidence, and as solicitor of their falsely testifying was sentenced to a term of...
02 Apr COVID-19 Symposium: A Time to Kill ‘Business as Usual’–Centring Human Rights in a Frustrated Economy (Part 2)
...on childhood obesity’. The impact is neither direct nor immediate, but it does negatively affect the right to health of children in the short, medium and long term. States are to use due diligence to identify the risks posed by business activities so as to guard the human rights of their populations. Extrapolating to COVID-19 and the impact of the shareholder primacy rule, the rule has shown itself to pose significant short- and long-term threats to human rights. While the impact will not always be direct, it is still there...
16 Dec When Tech Disrupts Faster Than Rules Adapt: Drafting Emergency Guidance for AI-Affected Evidence
...upon applicable (digital) evidence principles adapted for the AI age, and four are specific to AI challenges (such that we can term them ‘AI-native’). The objective of this post is to 1) define the term ‘AI-affected’ evidence, 2) highlight gaps that are emerging in current standards for digital investigations, and 3) provide an overview of the evidentiary pillars that can guide the treatment of AI-affected evidence. ‘AI-Affected Evidence’: A Future-Looking Term Evidence can be affected by AI in a number of complex ways – a diversity that current legal terminology...
13 Nov The Spanish Rapper Extradition Case Before a Belgian Court Fires up the Legal Discussion on Freedom of Expression and Other Fundamental Rights
...States of the European Union has sharpened the discussion about freedom of expression and an overly broad interpretation of the term “terrorism”. In 2012, Mallorcan rapper Valtònyc, real name Josep Arenas Beltran, was arrested at the age of 18 for the content of some rap songs he posted on YouTube and sang during performances. He was released again awaiting prosecution, and five years later, he was sentenced to 3,5 years imprisonment for these lyrics. In his songs he mocked the Spanish Royal Family, he referred to violent Grapo and Eta...