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22 Jul The ITLOS Advisory Opinion and the Normative Future of IMO GHG Reduction Measures
...create energy-efficient ship designs, (2) operational measures that ensure ships operate efficiently, and (3) market-based measures (MBMs) that use economic incentives or disincentives to reduce emissions (Resolution MEPC.304(72), paras 4.7.2 & 4.8.3). By timelines, they are (1) short-term measures finalized between 2018 and 2023, which focus on technical and operational strategies like retrofitting ships with energy-efficient devices or reducing speed; (2) mid-term measures to be finalized between 2023 and 2030, which aim to adopt alternative fuels and finalize MBMs; and (2) long-term measures beyond 2030, which continue to pursue emission...
18 Jul Options for a Peace Settlement for Ukraine: Option Paper X – Addressing Sexual Violence in the Ukraine Conflict
...on work by UN Women and the UN Human Rights Monitoring Mission in Ukraine on a Strategy for Prevention of and Response to Conflict Related Sexual Violence in Ukraine. 2. Terminology and Definitions Victim/Survivor: The term ‘survivor’ is used by organizations supporting those who have suffered sexual violence in order to reject implications that ‘victims’ lack agency. In this paper, the term ‘victim’ is used to acknowledge the criminal intent of the act and harm it causes, and as a reminder that some victims do not survive. The term is...
11 Jul What Is a Mass Grave? Why Protect Mass Graves? How to Protect Mass Graves?
As we commemorate the 27th anniversary of Srebrenica combatting the denial of such atrocities with independent, effective investigations is as important as ever. The investigative objectives for international criminal investigations of mass graves typically are to: Determine the identity of victims; Corroborate victim and witness accounts; Determine an accurate count of victims; Determine cause and time of death; Determine the sex of victims; Determine, in the context of armed conflict, whether they were combatants or not; Identify links to the perpetrator(s); Connect multiple crime scenes; and Discern systematic patterns and...20 Dec Article 18 Mechanism
...in the Rome Statute. Generally speaking, it is possible that a single term in a legal text carries different meanings. For this reason, provisions should be understood contextually, and the Rome Statute should be read as a whole. The term ‘case’ is an example here. The meaning of the term ‘case’ in the situation phase ( as referred to in Article 53 (1)) differs from its meaning in the case stage (as referred to in Article 53(2)). ‘Investigation’, as referred to in the chapeau of Article 53 of the Rome...18 Feb Translation Issues at the ICTR
...way with them.” The Chamber notes that in this instance the term used, babafata ku ngufu, is the term which of the four terms identified in the paragraph above is the term most closely connected to the concept of force. Having reviewed in detail with the official trial interpreters the references to “rape” in the transcript, the Chamber is satisfied that the Kinyarwanda expressions have been accurately translated. In this situation, the tribunal was most likely correct. Translation problems, however, continue to haunt the ICTR – and, if anything, will...
09 Mar Intersex: A Neglected Category in the Understanding of Gender-Based Crimes at the ICC?
than an inherent attribute. Hence, some of them have contrasted the concept with that of ‘sex.’ According to the WHO, the Secretary-General’s Report, Yogyakarta Principles, and the UNHCR SOGI Guidelines, while ‘sex’ refers to the biologically determined differences between men and women that are universal, ‘gender’ refers to the changeable and learned differences between men and women. A less-used term in the UN family is that of ‘sexual orientation,’ which has been understood as ‘each person’s capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of a different gender or the same gender or...
14 Feb Are We at War with the Environment?
Further, the threshold of “widespread, long-term and severe effects” adds an ambiguous proportionality standard coupled with a very high threshold to hold an attack as impermissible. First, these terms are not defined appropriately making the provisions susceptible to be misused by powerful states. The attacking state can justify almost any environmental harm as long as it does not have a “widespread, long-term or severe” effect. This framework fails to account for the incremental and cumulative environmental damage caused by conflict, which, though not immediately catastrophic, can lead to long-term ecological...30 Nov Do IHT Death Sentences Have to Be Ratified — And If So, by Whom?
...Consider the text of Article 134 of the Iraqi Constitution: The expression “the Presidency Council” shall replace the expression “the President of the Republic” wherever it is mentioned in this Constitution. The provisions related to the President of the Republic shall be reactivated one successive term after this Constitution comes into force. According to Article 134, the Presidency Council assumes all of the powers of the President for “one successive term” after the entry into force of the Iraqi Constitution. The question, then, is whether that term has already elapsed....01 Apr Guest Post: Goodman Responds to Heller on Capture v. Kill
...the main points in Heller 2.0’s OJ post. 1. Is Heller correct about Henri Meyrowitz’s article and the preamble of Saint Petersburg? In response to Heller’s Lawfare post, I relied upon Henri Meyrowitz’s leading article, The Principle of Superfluous Injury or Unnecessary Suffering: From the Declaration of St. Petersburg of 1868 to Additional Protocol 1 of 1977, 34 International Review of the Red Cross 98 (1994). As Meyrowitz explains, Article 35 includes the term “superfluous injury” to correspond to the French term “maux superflus,” which was specifically meant to include...