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19 Jul The Perennial Question of the Scope of ‘Attack’ in Conduct of Hostilities War Crimes: The Al Hassan Trial Chamber’s Failure to Answer
any legal characterization of the acts themselves. The Trial Chamber’s failure to legally classify acts of violence against cultural property is not only inconsistent with both its own and other Trial Chamber’s approach to factual and legal determinations but also deprives victims of the expressive justice of a judicial determination that international crimes have occurred—independent of the personal responsibility of a given accused. Through a flawed judicial approach, the Al Hassan case regrettably leaves the core doctrinal question of the scope of ‘attacks’ under the Rome Statute and international humanitarian...13 Dec Is Helping Terrorists Always Unlawful?
...vague. As we previously noted in HLP I, limiting the definition of the term “training” to the “imparting of skills” does not cure unconstitutional vagueness because, so defined, the term “training” could still be read to encompass speech and advocacy protected by the First Amendment. For the foregoing reasons, we reject the government’s challenge and agree with the district court that the term “training” remains impermissibly vague because it “implicates, and potentially chills, Plaintiffs’ protected expressive activities and imposes criminal sanctions of up to fifteen years imprisonment without sufficiently defining...24 Oct The Teabagger’s Guide to History
...anything we should be more reluctant to use offensive terms at the expense of people who don't comprehend the insults. Your delight here in the foolishness of other people is really unbecoming. (2) It's absurd to suggest that "right wingers" generally have applied the term to themselves. Surely even if some subset embraced the term, that wouldn't make it appropriate, any more than a few black Americans' embrace of the term "nigger" makes it acceptable for civilized public dialogue. (3) Did you look at your link? The author's first sentence...04 Dec Does Hillary Clinton Believe in International Law?
...Funny, since their use of the term "sovereignty" is identical to mine. Your claim that my use of the term sovereignty is "deceptive" and evidence of dishonesty is therefore a claim that Tribe's similar use of the term is deceptive and dishonest. Your reluctance to "shadowbox" with Tribe is just another way of saying that you have no answer to my cite. You're an incoherent fraud, Gittings. Charles Gittings Your use of the term is identical? They use it to make statements that express their views. You use it to...15 Jan Identifying the Language of Peace: Developing the Practical and Theoretical Framework of Peace-Making
the EU and the OAS. Through this innovative tool, users can search according to 226 issues, organised under 26 main issue headings, and refine their search according to a number of filters such as signatories, region, date range and conflict type. Additionally, the tool contains a word search function which allows users to search by word or phrase as an alternative to the issue area search, or as a method of further refining existing searches. Search results can subsequently be bookmarked and exported in either PDF or DOCX format. Furthermore,...18 Dec How to Increase “Maximum Pressure” on North Korea By Reconsidering Options at Sea
...“visit and search” of suspected North Korean vessels with the suspension of the 1953 armistice. According to Part Ⅴof the San Remo Manual Applicable to International Conflicts at Sea, in exercising their legal rights in an international armed conflict, belligerent warships and military aircraft have a right to conduct visit and search of foreign-flagged merchant vessels outside neutral waters where there are reasonable grounds for suspecting that they are carrying contraband to aid a belligerent force. Such ships are subject to capture, or even destruction if they fail to yield...
09 Mar No More Elusion of Responsibility for Rescue Operations at Sea: the Human Rights Committee’s Views on the Case A.S., D.I., O.I. and G.D. v. Italy and Malta
Gabriella Citroni, Researcher in International Law and Adjunct Professor of International Human Rights Law at the University of Milano-Bicocca [gabriella.citroni@unimib.it] Photo credit: Al Jazeera Key words: Human Rights Committee, jurisdiction, right to life, search and rescue, migrants, high seas In a recent report, the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions associated the Mediterranean Sea to an immense mass grave, noting that «over the past decade, the Mediterranean Sea is said to have claimed the lives of 20,000 migrants, killed by a deadly combination of human traffickers’...09 Oct International Issues and the Mid-Term Elections
The Pew Research Center did an interesting poll last week that underscored the importance of international issues for the mid-term elections. The poll revealed that 51% of voters say “national issues” matter more than local concerns in their vote for Congress. Just 23% say local issues will be more important than national issues to their vote. And for those who see national issues as paramount, these are the issues that top the list: the situation in Iraq and terrorism. I find this fascinating. At least for the upcoming election, all...
10 Apr European Parliament Votes Unanimously for Ecocide
criminal offence, when committed with at least serious negligence; Mens Rea While the IEP had proposed a recklessness standard for the international crime (knowledge of substantial likelihood), the Draft Directive criminalizes both intention and serious negligence, lowering the mens rea requirement. Severity of Harm “Offences of particular gravity” are defined in the Draft Directive as those causing severe and widespread, or severe and long-term, or severe and irreversible damage, closely mirroring the IEP threshold of “severe and either widespread or long-term”. The definitions of “widespread” and “long-term” in Article 2(1)(1)(b)...
11 Jun The National Inquiry into Missing and Murdered Indigenous Women Final Report and Genocide
...Responsibility to Protect, which states in the very first paragraph of its Guidance Note 1 (see here): The question is sometimes asked whether specific events, past of present, can referred to as “genocide”. It is important to adhere to the correct usage of the terms for several reasons; (i) the term is frequently misused in reference to large scale, grave crimes committed against particular populations; (ii) the emotive nature of the term and political sensitivity surrounding its use; and (iii) the potential legal implications associated with a determination of genocide....