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05 Aug Complementarity, Catalysts, Compliance Symposium: Two Problems of Positive Complementarity in the Context of the DRC
...impunity for crimes committed after the Rome Statute came into force on 1st July 2002, but also in the repression of crimes prior to 2002. Should the positive complementarity between the ICC and Congolese courts also cover up such crimes? The search for the answer to this question leads us to see that Congolese judges are very attached to the Rome Statute. However, this attachment sometimes goes too far to the point of transposing the limitation of the temporal jurisdiction of the ICC (which can only prosecute crimes committed after...20 Aug New Google Tool for Visualizing the Arms Trade
Fresh off the failure of the Arms Trade Treaty — aka The UN’s Secret Plan to Disarm the Defenders of Freedom and Enslave Mankind — Google has released an amazing new tool that maps global flows of light weapons and ammunition. Here is how the Huffington Post describes the tool: The Peace Research Institute Oslo (PRIO), a Norwegian initiative focused on the dealing of small arms, provided information for the undertaking, including “[m]ore than 1 million data points on imports and exports […] across 250 states and territories,” according to...12 Apr “The Weapons of Justice”
...to resolve the Israeli-Palestinian conflict. My thoughts move outwards from the Holy Land to neighbouring countries, to the Middle East, to the whole world. At a time of world food shortage, of financial turmoil, of old and new forms of poverty, of disturbing climate change, of violence and deprivation which force many to leave their homelands in search of a less precarious form of existence, of the ever-present threat of terrorism, of growing fears over the future, it is urgent to rediscover grounds for hope. Happy Easter. Hag kasher vesame’ah....04 May Pope Benedict: International Law Theorist
...the juridical means provided in the United Nations Charter and in other international instruments. The action of the international community and its institutions, provided that it respects the principles undergirding the international order, should never be interpreted as an unwarranted imposition or a limitation of sovereignty. On the contrary, it is indifference or failure to intervene that do the real damage. What is needed is a deeper search for ways of pre-empting and managing conflicts by exploring every possible diplomatic avenue, and giving attention and encouragement to even the faintest...09 Aug Cuba, the Guantanamo Treaty, and the International Court of Justice
...said areas of land and water, and to improve and deepen the entrances thereto and the anchorages therein, and generally to do any and all things necessary to fit the premises for use as coaling or naval stations only, and for no other purpose. Presumably, the U.S. argument would be that detention center is “necessary to fit the premises for use as a … naval station…” but it doesn’t seem all that strong. Now Cuba has a pretty good legal argument in search of forum. It might try suing the...
13 Jan The Mighty Apple, Google, Tesla, Dell and Microsoft in “the dock” – A Look At the Child Labour Lawsuit
...the use of child labour and Umicore processes cobalt mined by Glencore. The processed cobalt from Glencore is then sent to the defendants. In the case of Dell and Tesla, LG Chem is supplied by Glencore then it in turn supplies Dell and Tesla, according to IRA’s research. Huayou Cobalt allegedly supplies cobalt to Apple, Dell and Microsoft. IRA indicate that during the refining process, Umicore deliberately mixes cobalt allegedly mined by children with other cobalt and “takes other steps to impair the traceability of the DRC cobalt to give...
15 Jan Symposium: A Commentary on Complex Conflict Situations
...Chapter 3 particularly supports this view by arguing that there can be a hybrid view between a purely global or mixed approach with regard to current complex conflict situations. I am also relieved to see however, that Mačák is not attempting to argue the development of a third category of armed conflict but rather internationalization as a dynamic process. This means that there can be conflicts such as those mentioned above that might contain regions of NIAC and regions of IAC. In terms of my own current research focus, in...
24 May Punishing Atrocities Symposium: Selectivity, Goals, and the Legitimacy of International Criminal Law
...to multiple audiences at the local, national, and international level.” (150-51) The problem is that these audiences are not necessarily interested in the same messages. Local audiences may want to hear the ICC condemn the persons and crimes that affected them most directly. National audiences, defined in terms of the governing elite, may also desire one-sided messages of condemnation; but defined more broadly, may benefit from a wider distribution of blame. Meanwhile, the international community may be less interested in the ICC’s messages regarding the particular circumstances of a given...02 Oct Many Generalizations about International Law Professors …
the use of comments and e-mail suggest they are looking to improve their argument or see if their thinking is in the right place. It's also assumed that blog posts have significant less time put into research, and it's very conceivable that the author, in an effort to put something out for people to read, missed an important part of the research in their post. For a scholarly article or book on the other hand, the research is assumed to be (near) exhaustive. Blog posts certainly cannot be seen as...
29 Apr Symposium on Soldier Self-Defense and International Law: Highlighting and Framing the Issue
[Elvina Pothelet is a Ph.D. candidate at the University of Geneva, and a teaching assistant and researcher at the Geneva Academy of International Humanitarian Law and Human Rights.] It is tempting to think of soldier self-defense as a black hole in the galaxy of international law: in the same way as black holes grow continuously by absorbing mass from their surroundings, soldier self-defense seems to have become an ever-growing legal object in recent years, absorbing concepts from the jus ad bellum, international human rights law, domestic criminal law – depending...