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17 Nov

...rights for a U.S. citizen who is alleged to have committed similar acts abroad. I also think that the term "alleged" has all to often been missing from the discussion of detainees suspected of terrorism, both in their relocation and prosecution. It is worrying to hear the fear of both the media and the public when they are discussing the relocation of detainees which they continually refer to as terrorists. When did the "society dedicated to the rule of law" forget one of its most honored principles--the presumption of innocence....
17.11.09 | |

19 Jan

...prosecute an individual suspected of torture. Here is a passage from Chris Ingelse’s book The UN Committee Against Torture: An Assessment: Article 7, par. 2 grants the authorities a discretionary power in terms of whether or not they prosecuted a suspect of torture. The Committee confirmed — in abstract terms — that the discretionary power was not unlimited and could not be determined on the grounds of national law only. In any event, the discretionary power could not extend as far as to allow those responsible for torture to escape...
19.01.09 | |

19 Sep

...jus ad bellum -- a point made in 19 J. Trnasnat'l L. & Pol'y 237, 270-71 (2010). As that writing notes, a state is not always at war when a state uses force in self-defense in the territory of another state merely against non-state actor armed attackers. Quondam Cardozan Internet attacks are basically sabotage, not direct attacks. I'm sure that there's doctrine differentiating the two in terms of the level of licit response under proportionality, but a quick search of Google Books turned up nothing. Might be an interesting question....
19.09.12 | |

26 Feb

Dawood I. Ahmed "Indeed, such treaties can often be counterproductive to domestic reformers who lose some credibility by being too closely associated with foreign and international powers" - true for most Muslim majority countries too. I wonder if others here are aware of empirical research, whether based on case studies or otherwise, demonstrating this point? Patrick S. O'Donnell The treaties are no longer "too closely associated with foreign and international powers" if the country in question, in this case China, ratify them. Compare, for example, the use by Charter 77...
26.02.13 | |

03 Oct

nearly ten years before inspectors noticed there was anything wrong. [....] What does clinical research look like when everyone is in it for the money? For a start, it looks a lot less like science. ‘I do not do original research; I do contract research,’ says a private physician-researcher in Medical Research for Hire. A contract researcher does not come up with original ideas, or design research protocols, or analyse research results, or write them up for scientific publications. All of this is done by the pharmaceutical company or its...
03.10.10 | |

20 Feb

...national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out proceedings”. Hence, Libya will not be able to conduct the proceedings within the terms of Article 17(3) if it cannot get custody of Saif Al-Islam as a result of “a total or substantial collapse or unavailability of its national judicial system” and the possibility of conducting a trial in absentia is not relevant for such determination. This is absolutely correct, and the OTP deserves credit for being...
20.02.13 | |

21 Apr

...through negotiation/mediation early, and usually does. 4. I didn't mean they would write discovery rules into the contract. I meant they could incorporate discovery rules by reference that are more of a hybrid civil/common law approach, such as the IBA Rules of Evidence. The market also could create a menu of discovery approaches that could be incorporated by reference in a contract. Similar to Incoterms. 6-7. Fair point. But the deadlines could be in the contract initially and then modified in the early stages of the proceeding. The absence of...
21.04.10 | |

19 May

...know why? Roger Alford Patrick, No I don't know, although the latest Google news search reveals over 75 articles on the topic. A couple of these articles, see here and here, are casting doubt on, or are seeking confirmation of the accuracy of the original story. hass THIS STORY NOT TRUE! Iran: Lawmakers Debate Women's Clothing Associated Press May 20, 2006 ... Emad Afroogh, the legislator who sponsored the bill and is chairman of Parliament's Cultural Committee, said that the Canadian report was untrue and that the measure sought only...
19.05.06 | |

09 May

McGeeK Yes, it is absurd, but absurdity sometimes raises interesting questions. We debate what rules apply to armed conflicts between the U.S. and a non-state organization such as Al Qaida. Would any such rules apply to an armed conflict between two (or more) non-state organizations? Of course, nations are much more accountable than terrorist groups and criminal gangs, but in the search for a basis for prosecution, would grave breaches condoned and committed by an organization be available, or would one be limited to criminal law? What impact is there...
09.05.07 | |

07 May

...enforcing the rights of children to an education in Sudan" etc: http://www.csmonitor.com/Commentary/Global-Viewpoint/2012/0418/Gordon-Brown-Education-without-Borders-is-a-must-for-kids-in-conflict-zones a google search will turn up plenty more... Jordan Response... They are different, and yet nearly all states have ratified or acceded to the treaty. Treaty drafters should obviously be more careful with respect to words and phrases used. In connection with Article 29 (not 28), it should be read in conjunction with article 28 -- "with a view to achieving this right [to education] progressively." Article 24(1) with respect to health care is interesting in view of...
07.05.12 | |

24 Oct

...government has actively pursued a political philosophy of retribution and control that tarnishes the country’s image as an ‘honest international broker’. Harper’s record attests to an unyielding mission to reshape Canada’s international identity as a tough and hard-power state. The Harper government plays the part of destructive belligerent in climate change negotiations and tar-sands cheerleader. It is first in line to threaten Palestine with “consequences” if Ramallah pursues accountability for alleged crimes committed by Israeli forces in Gaza. While it isn’t usually described as such (many prefer terms like “militarily...
24.10.14 | |

07 Feb

...to be determined or may be changing due to the flow of civilians and military personnel, then the conclusion is slightly different. The Blaškić Appeal Judgement qualified the general proposition of the Kordić and Čerkez Appeal Judgement with an important addendum. It states, quoting the ICRC Commentary, that “in wartime conditions it is inevitable that individuals belonging to the category of combatants become intermingled with the civilian population, for example, soldiers on leave visiting their families. However, provided that these are not regular units with fairly large numbers, this does...
07.02.12 | |