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23 Feb ELI’s Overly Narrow Definition of Ecocide
...long-term damage or severe and irreparable or irreversible damage to an ecosystem or ecosystems in the natural environment” and has no anthropocentric benefit at all. Legality is all that matters. This categorical lawful/unlawful distinction is reason enough to question ELI’s definition of ecocide. But the definition’s approach to the environmental-damage aspect of ecocide’s actus reus is also troubling. According to Art. 3(2), an act can be ecocidal only if it can “cause or substantially contribute to causing severe and long-term damage or severe and irreparable or irreversible damage to an...24 Jun The Universal Periodic Review (UPR) and Its Role in Enhancing the Work of the UN Treaty Body System
...mid-term reports that States and National Institutions and Civil Society Groups have submitted for consideration by the UN Human Rights Council. This article seeks highlight the main findings, from the UPR mid-term reports, as they appear in a research brief entitled ‘The Universal Periodic Review Mid-Term Reporting Process: Lessons for the UN Treaty Bodies’. The experience of the methodologies used in preparing UPR mid-term reports demonstrates numerous practices that can be of value for the follow-up work of the UNTBs Concluding Observations (CoBs) as well as act as mid-term appraisals...
17 Jul Ensuring Respect for the Geneva Conventions: A More Common Approach to Article 1
...Both the book’s author, Tilman Rodenhäuser, and Professor Marco Sassòli in his contribution to the symposium marking its publication, use the term “ensure respect” to describe the imposition of discipline by an armed group’s leaders on their own followers. In that context, the ordinary meaning of the term was evidently so clear that no discussion of alternatives (respect by other armed groups?) proved necessary. Subsequent agreements Although the phrase is repeated in subsequent agreements between the High Contracting Parties – such as the First and Third Additional Protocols and resolutions...30 Jan Professor George Bisharat Calls (Again) for an ICC Investigation of Israel
be seen if the current prosecutor, not to mention the Chambers, shares the view that the Court need not undertake its own legal analysis of Palestine's Statehood, rather than relaying on the General Assembly's conclusions, to determine that the preconditions to jurisdiction in Article 12 have been met. Now, regarding your two arguments: if it is controversial that the term "State" in Article 12 should be read in light of Article 125, then it is even more doubtful that the term in Article 12 should be read in light of...09 Jan Is the EU Adopting a Double-Standards Approach toward Israel and the Palestinian Territories? (Part 1)
the truthfulness or credibility, vel non, of those terms) -- I'm still interested in hearing (or, reading) your legal response. Morris One has to assume that Kevin similarly ignores The League of Nations Mandate for Palestine (Eretz Israel) and the UNGA Resolution 181 which both refer to the District of Samaria, Samaria and Judea. The terms are geographical. West Bank is a term that originated from the illegal occupation of Cisjordan by Transjordan in 1948/9. Miller I was drawn to this website by its self-description as "a forum for informed...
12 Apr ICC Prosecutor Symposium: The Search for the New Prosecutor is Too Narrow in Scope
...Statute by delegates to the Rome Conference. It doesn’t appear that much thought, if any, was given to the core skills that the independent Prosecutor would really require. Rather than interpret Article 42(3) in a broad manner, so as to obtain the best candidates, the tendency of the Assembly of States Parties and of those directly involved in the search has been to narrow the job description even more than in the unsatisfactory terms of the Statute itself. It seems implausible that the drafters of the Rome Statute meant to...
19 Feb Justice for the Yazidis in the Ishaq Case by the Stockholm District Court – Part I
...the crime of the normal degree (with maximum imprisonment of 4 years) and gross crime (which allows for life imprisonment). The word “gross” in this context is thus a generic term of Swedish criminal law and should not be understood or made equivalent to the terms “grave” or “serious” in IHL. To summarize the main difference, the previous war crimes provision was dynamic and open-ended in the sense that it explicitly defined its scope by reference to treaties and customary international law relating to IHL. This feature was well illustrated...
29 Mar A Slow Death: Long-Term Genocide
[Brianna Dyer is an Advanced LL.M. Candidate in Public International Law at Leiden University. She has a B.A. in Human Rights and Global Studies with a concentration on Peace, War, and Conflict in Europe from the University of Connecticut. She is currently Assistant Editor at Leiden Journal of International Law and Legal Researcher for the IHL Clinic within the Kalshoven-Gieskes Forum.] Hutus killed almost 800,000 Tutsi in 100 days. The Srebrenica massacres happened in a month. Millions of Jews were slaughtered over the span of a few years. History and...
07 Apr The Growing Imperative to Recognize and Codify Gender Apartheid: Demonstrating the Need and Responding to Critics (Part I)
...describes the totality of the distinct and transgenerational harms committed against them.” This isn’t a new concept or term. Women’s rights defenders from Afghanistan first popularized the term during the Taliban’s takeover of Afghanistan between 1996-2001, when it imposed similar discriminatory measures against women, banning women from going to school, universities, work, leaving the house without a male chaperone, public participation, and accessing healthcare and justice. The late Sima Wali was among the first Afghan women to call for recognition of gender apartheid in the 1990s, explaining, in 2002, that...
23 Aug Emerging Voices: The Participation of Children in Hostilities before the ICC–An Inherent Contradiction between IHL and ICL?
...children in hostilities vis-à-vis the wider IHL framework. This is because the Rome Statute provision effectively brought the prohibition within the remit of ICL for the first time. In Lubanga, the ICC Chambers concluded that the term ‘active’ can encompass both direct and indirect participation (Lubanga TC Judgment para.628; AC Judgment para.340). Significantly, the ICC’s interpretation of ‘active’ participation reflects a broader understanding of the term compared to its meaning and scope under IHL. The underlying premise of the ICC’s reasoning is to be welcomed; it seeks to provide...