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14 Aug Reevaluating the Opening of the African Union Liaison Office (AULO) in Addis Ababa: A Worthwhile Consideration?
...the ICC regarding its engagement with African countries and to African countries regarding their domestic effort and cooperation with the ICC. AU’s View on Long-Term Prospects with the ICC and Measures for Cooperation The AU member states hold differing opinions on the long-term prospects of its relationship with the ICC. However, the AU has taken some consensus approaches to ensure constructive engagement and cooperation moving forward: Dialogue and Engagement: The AU has emphasized the importance of constructive dialogue with the ICC to address concerns and enhance cooperation. While supporting international...
31 May The Obligation to Ensure Respect for IHL in the Peacekeeping Context – Progress, Lessons and Opportunities by Leanne Smith
in the field (p. 151). Mission POC strategies are based on three inter-dependent tiers of activity that are much broader than resorting to the use of force. These include short-term and long-term policies involving political, physical, and institution/capacity building contributions to protection. The ultimate aim of all branches of a peacekeeping mission is protection through political process; protection from imminent threat of physical violence; and creating a protective environment (p. 149). Continual efforts need to be made to focus on these strategies as opposed to more militarized options. A Case...
23 Feb ‘Law & Economics’ Must Better Inform Design of Business and Human Rights Regulation
[Saparya Sood is a doctoral research fellow at the Max Planck Institute for Research on Collective Goods (Bonn, Germany). She is a lawyer qualified in India and received her postgraduate degree in law and economics as a recipient of an Erasmus Mundus scholarship. Views expressed are personal.] A New Dawn in BHR Discourse Business and Human Rights (BHR) discourse has become increasingly mainstream in recent times. Pinning responsibility on businesses for human rights harms occasioned by their activities is now far from a radical line of thought (having been the...
10 Feb ICC Jurisdiction Within & Beyond Darfur: Mapping the Limits of Resolution 1593
...territory of a Non-State Party such as Sudan. A second design feature pertains to how article 13(b) referrals refer “situations” rather than particular “matters”, “cases”, or “crimes” to the Court’s jurisdiction. The Court has generally defined a situation as a “specific set of events in respect of which credible allegations of crimes are made” (Para 25). The Statute’s travaux préparatoires confirm that while the drafters considered terms such as “matter” and “case” alongside that of “situation”, they nevertheless selected the term “situation” with a view to minimize, among other things,...
13 Dec Symposium: Review of John Heieck, A Duty to Prevent Genocide
...of the International Court of Justice in the Bosnia v. Serbia case. It provided important guidance in terms of the obligation of unilateral obligation falling to a single State in a position to take action. The Court spoke of positive obligations on States comprising a duty ‘to do their best to ensure that such acts do not occur’. The Court said that to incur responsibility, ‘it is enough that the State was aware, or should normally have been aware, of the serious danger that acts of genocide would be committed’....26 Mar Daniel Bradlow on Reform of the IMF and the Developing World
...uncertain at best. Some of these reforms require either difficult political compromises or amendments to the IMF’s Articles of Agreement. It is therefore more realistic to hope that the G20 will launch a multi-stage reform process that is responsive to the key problems in the current governance arrangements and is based on a long-term vision of the IMF’s role in international financial governance. The three major problems in the international financial architecture The three key problems are coordination, scope, and legitimacy. Coordination Global financial governance currently involves a multiplicity of...
02 Apr COVID-19 Symposium: A Time to Kill ‘Business as Usual’–Centring Human Rights in a Frustrated Economy (Part 1)
...the company’s direct costs by outsourcing labour to areas with lower minimum wages. NGOs, scholars, and the media have long documented the negative human rights impacts that result from such choices. These business practices also play a role in the growing global economic inequality that allows the world’s 2,153 billionaires to hold more wealth than the combined wealth of 4.6 billion people. Economic inequality is proving to be an impediment to the fight against COVID-19 in the (for lack of a better term) so-called ‘Global North.’ Low-wage employees are often...06 Jun The Corporate Joust with Morality
...remains wedded to short-term profits regardless of societal impact and even if fraudulently obtained. The colossal Volkswagen deceit, where 11 million diesel-fueled and supposedly eco-friendly vehicles were apparently rigged to cheat on emissions tests, blatantly screamed “go to hell” to corporate social responsibility. Coca-Cola paid scientists to argue that physical exercise is the antidote to high-sugar drinks, so consumers were encouraged to keep chugging and then jogging off the fat while Coke prospers. General Motors, which settled with the Justice Department for $900 million, ignored and then delayed reacting to...28 May al Warafi’s Active Hostilities
...great deal in some circumstances – most commonly, in the determination whether an individual may be tried for war crimes, a question at issue in our own military commission trials as we speak. It may also ultimately matter in al Warafi, for reasons I discuss below. But “armed conflict” (see GCIII Common Article 2) and “active hostilities” (in Article 118) are separate terms in the treaties, and were deliberately designed to refer to separate concepts, as well. As the Commentary to GCIII makes clear, the drafters of Article 118 were...