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11 Jan ICC Preliminary Examinations – Where is the Gender Analysis?
[Indira Rosenthal is a legal consultant in international human rights law and international criminal law, with specialisms in women’s human rights, gender justice, law reform and access to justice. She is currently a PhD candidate in the Faculty of Law, University of Tasmania, Australia, researching possible impacts of (mis)understandings of ‘gender’ on accountability for atrocity crimes at the ICC.] As the ICC ‘s third decade and the term of its third Prosecutor, Karim Khan, get underway, forensic examination of its every move continues unabated. This includes its record on investigation...
25 Jun Falsa Demonstratio Non Nocet: The Record of the Proceedings at the ICC is a Case File–Now More Than Ever
...a Framing Problem The drafters of both Statute and Rules used the term ‘record of the proceedings’ to denominate the information that is captured and preserved during criminal proceedings. They appear to have intentionally steered away from terms like ‘case file’ and ‘dossier’ that are still associated with the ‘inquisitorial system’, triggering fears of an inquisitor, a presumption of guilt and trials entirely based on written material. This framing problem appears regularly upon the drafting of procedural rules at ICTs. As one of the younger examples serves the Kosovo Specialist...
21 Jan Symposium: Three Questions to the Author
internationalized armed conflict in international law” (p. 2). His ambition is “to set forth a clear, reasoned, and practical conceptualization of conflict internationalization” thereby “confirm[ing] the continuing relevance of the concept of internationalized armed conflicts for the theory and practice of international law” (p. 3, see also p. 241). If it was not for Kubo’s book, the term “internationalized armed conflict” would seem to have vanished from recent IHL scholarship, probably due in significant part to the ICRC’s rejection of the phrase. According to ICRC lawyer Tristan Ferraro the term...27 Aug Could the Security Council Refer Only Assad’s Use of Chemical Weapons?
...a situation.” There are, of course, ways to avoid the debate between literal and intended meaning. The most obvious would be to rely on Art. 31(4) of the VCLT, which provides that “[a] special meaning shall be given to a term if it is established that the parties so intended.” I would argue that Art. 31(4) applies to the term “situation,” because the drafter of Arts. 13 and 14 of the Rome Statute preferred “situation” to “matter” — the term used in earlier drafts of the Rome Statute — precisely...03 Nov Financial Instrument Equivalents That Don’t Turn Out to Be Legal Equivalents
terms not weighed by the models would turn the swaps, over the short term, into huge financial liabilities. AIG didn’t assign Mr. Gorton to assess those threats, and knew that his models didn’t consider them. Those risks have cost AIG tens of billions of dollars and pushed the federal government to rescue the company in September. The insurance issued by AIG against the possibility of default on the mortgage securities, in other words, were understood by the finance people and their models in one way – but, as it turns...
02 Oct Symposium on Advisory Opinion AO-32/25 on the Climate Emergency and Human Rights: Climate Justice on Trial – Using the Opinion to Advance Criminal Accountability
[Laura Baron-Mendoza is a legal consultant to the Office of the Prosecutor and is part of the core team responsible for drafting the upcoming policy paper on environmental crimes under the Rome Statute. She is also an international law consultant and PhD candidate at McGill University] The Inter-American Court of Human Rights’ recent Advisory Opinion on Climate Emergency and Human Rights (AO-32/25) marks a milestone in consolidating the link between environmental protection and fundamental rights. The Court affirms in unequivocal terms that humanity faces a genuine climate emergency requiring an urgent,...
02 Oct Symposium on Advisory Opinion AO-32/25 on the Climate Emergency and Human Rights: Not Only Humans, Not Only the Present – The Leap Toward Intergenerational Justice
[Ignacio Vásquez Torreblanca is the Executive Director of the Centre for Law and Climate Change Studies at the University of Valparaíso, Chile, a Research Assistant at the Max Planck Institute, Germany and a Research Fellow at the University of Manchester, UK] Latin America is one of the regions most vulnerable to the effects of climate change, but it is also a laboratory for legal innovation. Advisory Opinion 32/25 of the Inter-American Court of Human Rights (IACHR) confirms this dual status, responding to the global climate emergency while also setting regional...28 Aug The US Repudiation of International Law in Relation to the Israeli-Palestinian Conflict: Wrong, Counter-productive and Dangerous
...is a disputed, not an occupied territory. This is confirmed by the change in terminology applied by the US Department of State in its annual reports on human rights practices around the world. While until 2016 the relevant section of the report referred to “Israel and The Occupied Territories”, this was changed in 2017 into “Israel, Golan Heights, West Bank, and Gaza” ‒ while still making reference to “occupied territories” in the main text. Since 2018, the US stopped mentioning “occupied territories” at all and started using the term “Israeli-controlled”...
01 Aug International Law and Feasibility of Recognizing Gender Apartheid
...as vigorously as the apartheid of race.” The report underscored that being female had an excessive determinantal impact on accessing social, political, and economic opportunities due to biased practices. Later, several academics and practitioners in the field of International Human Rights Law (IHRL) used the term gender apartheid to unpack the suffering of women in Middle Eastern countries, particularly in the context of Afghanistan. For instance, in 1999, Abdelfattah Amor UN Special Rapporteur on the Elimination of Intolerance and All Forms of Discrimination Based on Religion or Belief, recognized that...
06 Jun Symposium on Reproductive Violence in International Law: Glimpses of Reproductive Violence in the ECCC – Forced Breeding, Destruction of Maternal Healthcare, and ‘Ritualcide’
the ECCC offered a partial and belated reckoning with various war crimes, crimes against humanity and acts of genocide committed by state authorities during the ‘Democratic Kampuchea’ period (1975 to 1979), when the country ruled by the Communist Party of Kampuchea (CPK) – better known to Cambodians by the French term ‘Khmer Rouge’ or the Khmer term ‘Angkar’. Reproductive Health and Reproductive Autonomy in the Khmer Rouge Period Oral histories and empirical research in Cambodia (e.g. De Langis et al, Levine, Mam, Nakagwa, Natale), together with evidence presented in Pol...