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30 May

...make a discriminatory intent easier to prove. For instance, in the ICTY’s Popović et al. case,the defendant’s use of the term “balija”, a derogatory word for Muslims, was seen as evidence of an intent to persecute on “political, racial and religious grounds” (para. 713). Similarly, in the Abd-al-Rahman case, the Prosecutor has cited slurs that the perpetrators allegedly hurled at Fur victims, such as “tora bora” (rebels) and “nuba” (a pejorative term for black people) as evidence of an intent to persecute on “political and ethnic grounds.” When it comes...
30.05.21 | |

23 Aug

...something we observed more broadly within the debate. Scholarship on international investment law (IIL) is split. On one side, we find the operational-instrumental-doctrinal variety that engages with the contours as adumbrated. Many of these contributions take the assumptions about FDI for granted, treating law, political economy, and international relations as separate fields of research. Without being churlish, their role is to evaluate the mechanics of IIL and to propose improvements that will strengthen compliance with the rules as they are. On the other side – so far apart we term...
23.08.21 | |

15 Nov

...on the substance; we are simply using the term ‘vicarious liability’ differently. I use the term to mean liability based only on a relationship, without personal culpability in relation to the crime. On this usage, ‘vicarious liability’ has a negative sense, as it is liability without meeting even the more elastic objective and subjective requirements for accessory liability. It appears that Professor Ohlin uses the term ‘vicarious’ to mean any liability for acts of another, including where culpability can be traced back to the accused (what others might call ‘imputed’...
15.11.12 | |

09 Oct

...of Lawfare, and while the substance of that work appears to me to have been worthwhile, the term itself, to be honest, grates. Actually the use of the term Wordfare here prompted me to finally chase down the etymology of ‘fare’. I’d assumed it was from the French faire – to do – as in ‘to do’-war, but apparently it is rooted in ye olde English, meaning ‘to journey’, as in ‘to go’-to war. Wordfare, ‘to go’ to words, that is, the idea that scholars apply various tactics of wording...
09.10.12 | |

25 Jun

...the Army, Navy, Air Force, Marine Corps, and Coast Guard.” But, is that an exclusive definition of the term? It certainly seems to be! Nothing in the language of sec. 101 suggests that the definition is non-exclusive. After all, the provision uses a restrictive term, “means,” not a non-restrictive term such as “includes.” Black-letter principles of statutory interpretation thus indicate that only the five services qualify as US “armed forces.” Orr then offers what I find his most problematic argument, concerning the interpretation of the AUMF: There is a fairly...
25.06.14 | |

10 Nov

...establishing whether the crew of a ship disabled by cyber means is in “peril at sea,” and, if so, how to determine if that crew has refrained from engaging in hostilities. Peril at Sea Framing the analysis of whether a ship’s crew disabled through cyber means can be considered in peril is the guidance to read the term shipwreck “as being broad.” (See Updated Commentary, para. 1383). The 2017 commentary reiterates the 1960 commentary exhortation for the term to be “taken in its broadest sense.” (Commentary to Geneva Convention II...
10.11.17 | |

16 Jan

geoff I would quibble that Google doesn't purport to be identifying anyhthing "more important" than anything else; it identifies only the most linked on the web. That's actually a much more limited claim, and that little bit of knowledge alone makes the enterprise of research or knowledge gathering much more rational. Rational searchers know the results from typing "Anne" in a Google search are limited in important ways, and they can adjust accordingly....
16.01.06 | |

07 Sep

...war, its Sunni, Shi'ite and Kurdish allegiances divided up and bound to everything but the central government and the State. We effectively created a breeding ground and training camp for disaffected Muslims to become adept in the means of violence toward the attainment of their immediate political goals and long term political ends. We re-enforced long-standing stereotypes about the US and its closest allies in the region, thereby linking imperialistic-like and hegemonic behavior with 'democracy' and its virtues in a manner that will hurt long-term prospects for organically grown democratic...
07.09.06 | |

17 Jul

I'm not sure what is to be gained by appealing. In terms of why I don't think the OTP can appeal, the Rome Statute conceives of admissibility in terms of cases, not situations. See in particular art. 17(1). The Rome State also does not bestow the OTP with the opportunity to challenge admissibility under art. 19 although it does allow the OTP to "seek a ruling from the Court regarding a question of jurisdiction or admissibility" which can likely only take place after the OTP indicts a specific person. Thank...
17.07.15 | |

12 Apr

...commitment. This explains why it was pushing for it so adamantly. Furthermore the US has radically changed its nuclear weapons policies since 2001 to erase the sharp line that traditionally existed between nuclear and non-nuclear weapons. It now "integrates" both types of weapons in its military strategy, and envisions the use of nuclear weapons against underground facilities, preemptively against countries "intending" to use WMD's against US forces, and "for rapid and favorable war termination on US terms". Several scenarios like that, that apply specifically to the Iran scenario, were made...
12.04.06 | |

24 Aug

...of will, or browbeating - that is really what the term brainwashing is meant to convey.You paint yourself a tad hypocritical when from the western secular humanist tradition you claim that a person within an incompatible value system is "brainwashed". If you desire that a person question their own values and strive to understand, sympathize, and partially adopt your own, you should present the argument for why Humanism and not Muslim values are compelling.The term "brainwashing" is insulting, and it is a judgement call on whether formative values were taught...
24.08.05 | |

29 Apr

...and children’s conventions, and the ICC (with Koh as legal adviser leading the charge), on the probability that they’ll require less in the way of political capital. Maybe the Supreme Court will get back on its internationalist tracks. As some conservative elements begin to see IL as a valuable tool for advancing their own agenda, anti-internationalism won’t even work as a unifying agenda item within the rump Republican party. Maybe we’ll witness Bricker’s final interment and a shift in the political culture towards broad support for international law and institutions....
29.04.09 | |