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25 Apr We Need to Talk About Grave Breaches of the Geneva Conventions
...have committed this crime. Every state in the world is under an obligation (as set out in Article 146) ‘to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a “prima facie” case.’...
15 Dec Justice as Message Symposium: Sending Out an SOS
...deterrence, but explores at length the expressive function, namely, this desire to communicate and the longing to be listened to. And, in turn, these messages become existential justifications to answer the age-old questions that haunt us all: why am I here? What difference do I make? And what footprints shall I leave? Carsten’s unpacking of expressivism is indeed a paean to ICL’s search for meaning. For or all those who write about ICL, well, it is an unpacking of whether we, too, are writing about something meaningful. In earlier work,...
30 Oct Third Annual Symposium on Pop Culture and International Law: “There’s No Place Like Home” – Or is There? Re-imagining the Wizard of Oz in Light of Modern-Day Migrant Struggles
[Carla Ferstman is a Professor of Law at Essex Law School, United Kingdom.] The Wizard of Oz, a bestselling American children’s novel released in 1900 which spawned several movie and theatre adaptations, is a classic allegorical tale about overcoming adversity and the search for the idylls of home. The Stuff of Fairy Tales Young Dorothy and her pet terrier, Toto, are on the run because Toto took a bite out of one of Aunty Em’s neighbours, Almira Gulch. Vengeful and horrible Mrs Gulch managed to get an order to euthanise...07 Jul Melinda Taylor Discusses Her Detention
...Taylor said the papers she had were legal documents and the alleged codes were innocent items, including Gaddafi’s nickname, which could be found by keying it in to an internet search engine. Second, concerning the Libyan’s blatant breach of attorney-client privilege: “Irrespective of any issues concerning my own personal conduct, the rights of my client, Mr Seif al-Islam, were irrevocably prejudiced during my visit to Zintan,” she said. “It is the position of the defence that these recent events have completely underscored that it will be impossible for Mr Gaddafi...16 Mar YLS Sale Symposium: The Globalization of High Seas Interdiction–Sale’s Legacy and Beyond
[Guy S. Goodwin-Gill is a Senior Research Fellow, All Souls College, Oxford and Professor of International Refugee Law, University of Oxford.] Before Sale, before Haitian interdiction even, there was ‘piracy’ off the coast of Thailand, tolerated and encouraged locally as a deterrent to landing; there was towing out to sea, even of unseaworthy vessels; there was the blind eye turned to the plight of those in distress; and somewhere in-between was the refusal to allow disembarkation of the rescued – an exercise of legal competence on a matter regulated in...
04 Oct Symposium on Gender Representation: Gender Parity in International Courts – The Voice of an International Judge
...War Crime, Counsel? Despite the promise I made to myself, that same year I was chosen along with Judge Gaby Macdonald (United States) as the one of the only two women to integrate the ad hoc International Criminal Tribunal for Former Yugoslavia. As I reminisce and search for the reason that made me change my mind, one thing is clear: The testimonies of the Balkan women moved me so deeply that I decided I was going to do everything in my power to fight for justice for women at the...28 Jun Weekday News Wrap: June 28, 2012
...Muslim and Jewish groups have criticised a ruling by a Court in Cologne, Germany, holding that circumcision amounts to bodily harm. A New Zealand High Court has held that the search and seizure at the Auckland mansion of Megaupload’s founder Kim Dotcom, who has achieved folk hero status in New Zealand, was illegal. The search was part of the US investigation into copyright violations by Megaupload’s file-sharing service. The Gabon government has burned five tons of ivory to send a strong signal in the fight against poaching and illegal trafficking....20 Oct International Law Scholarship and the Internet
to date with current developments, filtering through thousands of search results, and the fact that journals increasingly play a more central role than books due to their greater online availability. More surprising though was scepticism about the need for peer review, anxieties over what you could and could not cite, and the lack of networks for asking for help with research questions. For the rest of this post I would like to consider these more surprising results, suggest some reasons for them and generally ask for your comments and experiences....
14 Jun Contingency in International Law Symposium
...a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a...