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25 Feb Artificial Sanctions: Potential Implications of US Sanctions on the ICC’s use of AI and Digital Evidence
[Benjamin Thorne is a Lecturer (Assistant Professor) in Criminal Law at the University of Reading] Almost 3 weeks into Donald Trump’s second term as US President and one could have been forgiven for becoming somewhat numb to the seemingly never ending conveyor belt of Executive Orders (EO) being announced. However, one particular EO jolted many from their numbness, not because it was unexpected, rather because of its predictability. Indeed, the international justice community had been providing riveting festive family dinner time conversations about the US’s inevitable sanctions against the ICC,...
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...
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...
08 Mar A Short-Term Option for Addressing Misinformation during Public Health Emergencies: Online Nudging and the Human Right to Freedom of Thought
Richard is Research Fellow in Public Health Emergencies and the Rule of Law at the Bingham Centre for the Rule of Law, British Institute of International and Comparative Law. As part of a new project funded by the UK Arts and Humanities Research Council (grant no. AH/V015214/1), his current research concentrates on public health emergencies from a rule of law and good governance perspective, with a view to building public trust in data-driven responses to public health emergencies. The matter of misinformation is one that societies have dealt with for...
25 Feb Terraforming Warfare and International Law
[Dr Saeed Bagheri is Lecturer (Assistant Professor) in International Law at the University of Reading School of Law. His research focuses on the law on the use of force and international humanitarian law. Gerhard Kemp is Professor of Criminal Law at UWE Bristol in the United Kingdom, with his research focusing on international criminal law, comparative criminal law, and transitional justice.] The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has recognised in its Policy on Addressing Environmental Damage Through the Rome Statute (which was launched in...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...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...
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 Jan Counterterrorism Going Forward
...administration’s on-offense approach) because, in a democracy, questions of such long term import finally have to be addressed by the legislature. In any case, if the Bush administration cares about having an impact on long term counterterrorism policy – if it cares, which seemingly it often does not, more about the substance of counterterrorism policy than a knee-jerk insistence on executive power – it should recall that what lives by executive discretion also dies by executive discretion. Policies in which this administration believes fervently but which it has failed to...31 May Enforced Disappearances: A Global Scourge, Increasingly Under the Radar
...that is unduly prolonged constitutes a violation of the Declaration, this does not mean that any short-term detention is permitted by the Declaration, since the Working Group immediately clarifies that a detention where the detainee is not charged so that he can be brought before a court, is a violation of the Declaration.” (emphasis mine) Confusion has arisen due to the increased use of such short-term disappearances, as well as the inclusion of a temporal element in the Rome Statute. In Article 7(2)(i) of the Rome Statute, the definition of enforced...