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06 Dec Guest Post: Iran and Diplomacy – Countermeasures Against Immunity and Immunity Against Countermeasures
(see above), drawing the conclusion that “no reciprocal breach of diplomatic immunity is permissible” (para 125). The ILC’s use of the term “reciprocal” means that it is talking not only about countermeasures against abuses of diplomatic immunity, but also about violations of immunity as countermeasures. It did not, however, cite the relevant obiter. 4. Conclusion Regarding diplomatic immunity and countermeasures, the Tehran judgment seems to make two interesting and important points: Firstly, countermeasures cannot be used against abuses of diplomatic immunity, and secondly, countermeasures cannot violate diplomatic immunity. These two...
19 Nov From Abandoning Fossil Fuel to Sharing our Earth: Professor Joyeeta Gupta on Protecting the Public Interest in Times of Climate Change
[This interview was conducted by Dr Stephanie Triefus , a researcher at the Asser Institute and Academic Coordinator for the Netherlands Network for Human Rights Research] The Annual T.M.C. Asser Lecture is an occasion for reflection on pressing questions of international law and is the Asser Institute’s flagship activity. Each year, the Asser Institute invites a distinguished scholar or practitioner to share their ideas on critical global challenges and the evolving role of law in society. Previous speakers have included Martti Koskenniemi, Anne Orford, Andrew Murray, Michael Fakhri, Brigid Laffan,...
29 Feb Charting a Pathway to Resolving Conflicts through Harmony and Mediation: Chinese Approach to International Conflict Management
[Naimeh Masumy is a research fellow at Maastricht University and a dispute resolution expert specialized in energy and investment disputes] The author would like to express gratitude for the valuable comments and feedback received from Wolf Von Kumberg, as well as the support given by Hiba al Abiad. Human beings are members of a whole In creation of one essence and soul If one member is afflicted with pain Other members uneasy will remain If you have no sympathy for human pain The name of human you cannot retain Saadi...
03 Jun Current Human Rights Concerns in Iran: Women’s Rights and Arbitrary Executions
...wearing of the hijab through 71 articles. The law imposes large fines on women who wear ‘improper’ hijab or refuse to wear the hijab in public, with potential prison terms for repeat offenders, as well as imposing long-term prison sentences for engaging in activism against compulsory hijab wearing. The law provides an all-of-society implementation to the law, by including penalties for business owners and civil service who do not report violations to the authorities. Intelligence and security agencies are empowered to suppress non-compliance with the law, ensuring that the law...
16 Jul Your Guide to Ecocide: Part 1
...one that has the most attention and is likely the most viable. This is the “widespread, long-term and severe” (hereafter, “WLS”) threshold, from Additional Protocol I and the ILC draft Code of Crimes (1994). The Panel definition adopts the WLS formula, but makes “widespread” and “long-term” disjunctive alternatives. Jurists will surely debate disjunctive versus conjunctive approaches. It is a natural reflex of every progressive person to push for a disjunctive test, on the reasoning that it will be easier to prosecute and will catch more conduct. However, a principled approach...07 Aug Why Hamdan’s Material Support Convictions Violate the Ex Post Facto Clause
...pirates and the like are not objects of IHL as Bart suggests. They violate the universal common law (see Blackstone, as well as Bart’s reference to malum in se), not the common law of war (see Lieber and Winthrop) which now must be thought of in terms of customary IHL (to account for the positive law movement). Across the western world, pirates and brigands have been long recognized as military combatants, who by their actions have placed themselves outside the laws of war - thus the term unlawful combatants. See...
17 Nov The Genocide Case Against Putin is Stronger Than You Probably Think: Part 1 – The Cultural Genocide Exclusion Doctrine
...intent to destroy a group’s physical existence and that killings “have a particular importance in proving genocidal intent,” (p. 850) structures lay and lawyerly ideas of genocide and, I believe, serves as a gatekeeper determining which cases are pursued. But the caselaw is not as settled as some exclusionists insist. Events in Ukraine could provide an opportunity for a more searching judicial scrutiny. This post outlines the doctrine of exclusion and compares it to the Genocide Convention’s text, finding that the weight of the text augers against exclusion. The second...30 May Indian Treaty Interpretation
...according to the meaning of the term in international law; or that treaties involving indigenous peoples are not treaties in the present conventional sense of the term, that is, instruments concluded between sovereign States (hence the established position of the United States and Canadian judiciary, by virtue of which treaties involving indigenous peoples are considered to be instruments sui generis); or that those legal instruments have simply been superseded by the realities of life as reflected in the domestic legislation of States. 116. Whatever the reasoning followed, the dominant viewpoint...