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10 Nov Fugutive Rewards and the FSIA
...information that Guevara provided fit the requirements of the offer: it enabled Peru to capture Montesinos. The question in this appeal is whether Guevara can use the courts of this country to compel Peru to keep its contractual promise to pay him the money it offered…. Peru could have attempted to use its police and investigatory powers to search for Montesinos without offering money for information from anyone outside the government. However, Peru “did not have the resources or the … expertise,” it needed to get the job done. After...03 Sep Former Media Partners Condemn Wikileaks
...The Guardian, New York Times, El Pais, Der Spiegel, and Le Monde, the former media partners of Wikileaks. Diplomats, government, human rights charities, and media organizations all urged Wikileaks not to publish the full cache of cables, but he did it anyway. According to CNN, “A brief search through the cables shows that documents have not been redacted in any way. The names and other details of confidential diplomatic sources are on full display, despite being labelled with the instruction ‘strictly protect’, including cables classified as ‘secret’ or ‘confidential.'” Unedited,...12 Dec Kosovo’s Status: The Intra-EU Debate, the Role of “Law Talk,” and Next Steps
...and Spain came under intense pressure to put aside their opposition in favor of a common EU position on Kosovo, the newspaper said, adding that Cyprus was the only one that has persisted in its stand. With the possible exception of Slovakia (I don’t know what the domestic political situation is there in terms of secessionist concerns), each of these countries is grappling with some type of secessionist issue in their own domestic politics. So it is in each of their national interests to hold off on Kosovar independence, regardless...
25 Oct Establishing and Directing an IHL Clinic: Lessons Learned from the Practice of the IHL Clinic at Leiden University
...and Human Rights (ECCHR), National Red Cross Societies and various human rights NGOs. The research for the aforementioned cooperation partners is usually carried out by a team of three to six students who are enrolled in the (advanced and regular) Public International Law LL.M. programme at Leiden University. In order to ensure a high quality of the research undertaken by Clinic students, a system of internal control and supervision is in place. Each project is supervised by a senior supervisor (usually an Assistant Professor or Associate Professor) and a direct...
26 Apr Symposium on Boyd van Dijk’s Preparing for War: The Geneva Conventions and the Future of International Humanitarian Law
...for anyone working on the history of this discipline. On first glance, van Dijk’s premise is a simple one: a history of the 1949 Geneva Conventions. As he readily admits, this isn’t a new topic nor is he the first to attempt it (p. 14). Preparing for War’s originality and ground-breaking nature, instead, lie in its focus: “This is not” – he warns us – “a story of triumph” (p. 19). Neither is it a “search for a mythologize (male) founder” (p. 14). It is, instead, an effort to place...
06 Apr What the IHRP Hiring Scandal Tells us About Intersectional Privilege in Canadian Legal Institutions
Photo credit: University of Toronto [Vincent Wong is a Canadian Lawyer and PhD Student at Osgoode Hall Law School, where he examines barriers to education for undocumented youth in Canada and the relation of those exclusions to racialized divisions of labour. Vincent was previously an Adjunct Professor and William C. Graham Research Associate at the International Human Rights Program at the University of Toronto Faculty of Law.] In their seminal sociolegal text, Dealing in Virtue, Yves Dezalay and Bryant Garth describe how an elite group of transnational lawyers constructed the...30 May Picturing the Gitmo Legislation
...term interests, became simply the occasion for lawyers with but slight experience in and no responsibility for these matters to obtain official endorsement of an exotic legal proposition. Even if the proposition had been correct, which the Supreme Court determined it was not, this abstract exercise would have been a mistake. Of course, it’s important to know what the law is, but it’s even more important to know what it is in your interest to do. When you know that, it is time to ask the lawyers whether it is...
19 Nov PhD in International Law: A Beginner’s Roadmap
...institution, I cannot recommend enough that you ‘exploit’ all your sources to the maximum. Search the internet, ask around and speak to people you do not know. Most people are incredibly warm, nice and willing to help. Never hesitate to send an email, especially to PhD students who are already enrolled at a certain institution. Knowledge is there to be shared, and life is simply better when we help each other. So, ask, and then take responsibility for responding when others ask you in the future! The ‘Perfect’ Topic Let...08 Jun Guest Post: International Criminal Justice and Reconciliation: Beyond the Retributive vs. Restorative Divide (Part 1 of 2)
[Carsten Stahn is Professor of International Criminal Law and Global Justice and Programme Director of the Grotius Centre for International Studies.This two-part post is based on a talk given at the seminar on Reconciliation v. Accountability: Balancing Interests of Peace and Justice, organized by the Centre for International Law Research and Policy on 29 May 2015 at the Peace Palace.] Introduction Punishment and reconciliation are closely linked. In this post, I would like to explore one issue of this relationship, namely the link between the retributive and restorative justice. The...22 Mar US House of Representatives Overwhelmingly Calls for War Crimes Tribunal for Syria (with Jurisdiction to Try Americans, Apparently)
...United Nations to promote the establishment of a war crimes tribunal where these crimes could be addressed’. Information on the resolution can be found here, and the full text as passed can be found here. The resolution was sponsored by Rep Chris Smith, a Republican of New Jersey, and was co-sponsored by one Democrat and three other Republicans. This is something of a personal victory for Smith, who has been advocating for a war crimes tribunal for Syria since at least September 2013 (this Google search links to all articles...