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10 Feb Symposium on Fairness, Equality, and Diversity in Open Source Investigations: Out in the Open: Fair Trial Rights and Open Source Evidence at the ICC
...other organisations, including those who collect, process, and prepare open source evidence for presentation. An example of this is the digital platform created by SITU Research for the Mali cases, which was made specifically for the OTP. In order for the Defence to counter a digital evidence platform of this kind (or most other digital open source evidence), they would likely need adequate training to increase their own technological literacy, and/or hire experts to assess the evidence, which are both expensive endeavours in terms of time and cost. Due to...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...
30 Oct Fifth Annual Symposium on Pop Culture and International Law: Abolish War, Not Humanize It: Tolstoy’s Radical Pacifism vs the Geneva Settlement
...with medical ethics protected by law (GC I Articles 19-24; AP I Articles 8, 12). Even the handover from army to village anticipates the search, collection, and evacuation duties after engagement and the requirement to facilitate relief and local care where needed (GC I art 15; AP I art 10(2)). Elsewhere, Tolstoy notes in passing that during retreats orders could require abandoning the wounded; nevertheless, the wounded pull themselves after the columns, and roadsides, post stations, and parish houses become the hospital of last resort (p. 107). IHL’s answer to...05 Jan The Interaction of International and Domestic Law: Lessons from the Conflict over Genetically Modified Foods
...actors put aside fixed positions and negotiating tactics in favor of a collective search for better understanding and better policy. We find, however, that the record of transatlantic deliberation on genetically modified organisms (GMOs) has largely been one of failure. Deliberation, we argue, is a hothouse flower that flourishes only under restrictive conditions. The sharp disagreements, intense politicization, and distributive conflicts that characterize agricultural biotechnology have all prevented US and EU policymakers from engaging in a joint deliberative search for the best policy in this area. Third, we contend that...16 Nov The Sea is Still Cruel – A Mariner’s Perspective on Some Aspects of the Updated ICRC Commentary on the Second Geneva Convention
...being immediately aware of the fact. Similarly, the point at which hostile action ends may be vague and so it may be difficult to assess exactly when the duties contained within article 18(1) are triggered. The updated ICRC Commentary suggests that this determination requires a “good faith assessment” (para 1655) but precisely what factors are required to be taken into account remains unclear. Secondly, the Parties are required to take “all possible measures” to search for, and collect, the wounded, shipwrecked and sick. This phrase seems to place a heavy...
30 Mar Justice in Extreme Cases Symposium: A Response to Darryl Robinson
[Elies van Sliedregt is professor of international and comparative criminal law at Leeds University and Director of its Centre for Criminal Justice Studies (CCJS) and she is senior editor of the Leiden Journal of International Law and a member of the Royal Holland Society of Sciences and Humanities.] This is an awesome book. The sort of book I wish I had written. When I researched individual criminal responsibility in ICL some 20 years ago, I used a comparative and domestic criminal law lens through which to understand international concepts and...