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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...
09 Jan The Occupied Palestinian Territories and the Responsibility to Protect (Part 2)
...the Fourth Geneva Convention (1949) , the Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), 75 UNTS 287, the Hague regulations, the Charter of the United Nations, and customary international law including the prohibition on the acquisition of territory by force, and the right of peoples to self-determination, as explicitly recognized in the UN Charter (Article 1 Para.2), as well as in Article 1, common to both the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic,...05 Jul The Arms Treaty Negotiations and the Problems of Consensus for a Hegemonic Player
OJ’s esteemed commenter Martin Holterman asks in the comments to my earlier post about the Arms Treaty negotiation underway in New York what the point of negotiating a treaty is, if you assert in advance (and indeed attach to the treaty) that there cannot be any circumstances in which you might violate it. He asks this with reference to a letter sent Monday from Congressional lawmakers (some 130 of them) to the Obama administration. The short answer is that if those are your objections, then you really ought to stay...06 Nov A Response to Alvaro Santos by Katherine V. Stone
...to show that the DB’s characterization of Mexican labor law as rigid ignores several important aspects of the operation of the law in Mexico-the ability of collective bargaining and labor courts to modify seemingly rigid terms of employment, gaps in enforcement of labor rights that insert de facto flexibility into otherwise rigid labor laws, and informal norms that have developed in some sectors that deviate from the formal legal rules. As one example, he shows the many ways Mexican employers have developed to hire employees on fixed term contracts even...18 Mar Oral Argument in Heller and the English Roots of the Second Amendment
...JUSTICE STEVENS: And it was suitable to their conditions then as allowed by law, so it was — it was a group right and much more limited. MR. DELLINGER: I think that is — that’s correct. JUSTICE SCALIA: And as I recall the legislation against Scottish highlanders and against -against Roman Catholics did use the term — forbade them to keep and bear arms, and they weren’t just talking about their joining militias; they were talking about whether they could have arms. (pp. 16-18) *** JUSTICE KENNEDY: You think Madison...
30 Oct Fifth Annual Symposium on Pop Culture and International Law: Ninjas Against Terror – The Akatsuki and the Challenges of Defining Terrorism in International Law
...Akatsuki as an analytical framework to shed light on the legal challenges of counterterrorism. After outlining the definitional enigma of terrorism, we will examine the consequences of this indeterminacy within international law, before addressing the challenges that the absence of a clear definition poses for international cooperation. From Justice to Terror: The Akatsuki and the Semantics of Violence The term ‘terrorism’ first emerged during the French Revolution, where it denoted the ‘Reign of Terror’, a period characterized by the state’s own recourse to violence as a means of enforcing political...
30 Apr Apartheid and Persecution: The Forgotten Crimes Against Humanity
...is a lack of judicial interpretations of key terms like ‘domination’ for apartheid. Until criminal investigators, prosecutors, lawyers and courts are comfortable with the definitions of the crimes, prosecutions are not likely to happen. It has become a vicious circle – no court rulings on the crimes means no judicial guidance, which deters any criminal investigations, which leads to a continuing lack of court rulings. But we’ve found in our research that it is possible to apply the definitions of both crimes and to determine whether the crimes are taking...
24 Mar Symposium on Prosecuting Heads of State for International Crimes: Eroding Impunity – How the Groundwork of the Philippine Human Rights Community Met Shifting Political Tides
remain impenetrable years after his term, thus ensuring impunity. His arrest for crimes against humanity and the ICC’s investigations on long-term allies have seemingly rattled the stability of this fortress. Thus, for those who lost multiple family members to Duterte’s ruthless governance in Davao and in the nationwide “War on Drugs”, hope remains for accountability in the face of a still-powerful Duterte family and political brand. As pointed out elsewhere, Duterte’s arrest reveals the “delicate balance” between law and politics of international mechanisms and domestic institutions. In this vein, the...
07 Feb Symposium by GQUAL on CEDAW’s GR40: An Opportunity for Asia-Pacific – Build on the Momentum of GR 40
...women facing additional hurdles to advancement in the legal field. Understanding the cause and effect in all these spheres is crucial to close the gaps. There is no one-size-fit-all solution – it will require sustained and long-term engagement on multiple fronts. In order to understand the scale of the problem, one proxy that may be useful, while not perfect, is judicial appointments across countries, which can serve as a measure of the advancement of women within the legal field. A quick review of a few countries reveals that the approximate...
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...