Search: Symposium on the Functional Approach to the Law of Occupation
29 May Affective Justice Symposium: Other Geographies, Other Pushbacks–Affective Justice as a Diagnosis for International Criminal Law
‘end of history’ Western liberal frame. Some readers who seek to slot ICC literature into a for-or-against dyad might be tempted read this as countering the rule of law movement narrative with a kind of pro-immunity apologism, but this would be missing the important work of critique, which ‘resists evaluating international criminal law in terms of success or failure, but instead asks about its underlying presumptions and conditions of possibility’ (Kendall 2014, Chapter 2). Critical approaches and third world approaches to international law – and specifically international criminal law –...
31 May Every Cloud Has a Silver Lining: COVID-19 as a Catalyst for Human Rights in Business
...remedy for victims of human rights violations caused by business activities. Human rights’ due diligence principle is a critical element of this “responsibility”. However, the UNGPs bear critical flaws and have failed to fill the accountability gap in this field adequately. First, they are not legally binding. Secondly, they do not impose explicit human rights duties on businesses. Last but not least, some states have shown reluctance to adopt the due diligence principle in their domestic laws. Powerful countries and conservative multinational corporations are still promoting a ‘voluntary obligations approach’...
02 May Soldier Self-Defense Symposium: The View from the Ground – Emerging State Practice on Individual and Unit Self-Defense
theory, is widely associated with the U.S. approach (although as Col. Bagwell discusses in the U.S. contribution, there is also a U.S. domestic criminal law version of self-defense in the UCMJ). Whichever approach states adopt – whether deriving individual or unit self-defense from domestic criminal law, or from sovereign self-defense – involves borrowing the “conceptual framework” (p. 430-31) and legal standards of a body of law designed for a very different context. However, given the general under-development of the concept of self-defense and large gaps in case law and state...28 Jul Don’t Let the Legal Policy Tail Wag the Foreign Policy Dog
of terrorism and the challenge of crafting laws to address it. Ben has a nice turn of phrase describing the need for the president to work with Congress in forging an appropriate legal framework: “One can still make a theoretical argument for an executive-only approach to problems like global terrorism. In practice, however, the argument is an unreal dream.” I would rewrite the sentence as to read: “One can still make a theoretical argument for a U.S.-only approach to problems like global terrorism. In practice, however, the argument is an...
31 Mar Justice in Extreme Cases Symposium: An Invitation to Think about the Way We Think in International Criminal Justice
focus on the insights which Robinson’s ‘coherentist’ approach provides for understanding the assessment of individual criminal responsibility at the International Criminal Court (ICC) and I will examine the implications of the book’s observations for the way we think about the application of those principles in practice. A new perspective on ICL principles Justice in Extreme Cases rejects the foundationalist approach to defining international criminal law (ICL) principles, which seeks to deduce the requirements of those principles from a pre-existingmoral theory. As the author notes, the plurality of plausible theories, alongside...
18 May Symposium on Systemic Racism and Sexism in Legal Academia: Beyond Diversity and Inclusion – How Global Human Rights Standards Might Inform Racial Justice Initiatives in Legal Education
[Mary Hansel is an international human rights attorney and the former Acting Director of the International Justice Clinic at University of California, Irvine School of Law (UCI Law). Ashleigh Hayden is a recent graduate of UCI Law. This post benefitted from the input of numerous UCI Law students and faculty.] Introduction Law schools across the globe have declared their commitment to confronting and addressing racial injustice, particularly anti-Blackness. Efforts to make good on these declarations, especially in the U.S., tend to consist of “diversity and inclusion” (sometimes “diversity, equity and...31 Mar A New Approach to Counter-Piracy: Lower the Burden of Proof for Prosecuting Pirates
Kenneth Anderson I am obliged by Home Team Spirit to point out that this address was delivered as the keynote at the American University Law Review annual symposium, this year on piracy, and featuring a stellar lineup, including Ruth Wedgwood and many others. You can check it all out at: http://www.wcl.american.edu/secle/founders/2010/documents/033110TroubledWaters.pdf?rd=1 Eugene Kontorovich Certainly a promising idea, one first broached in the ASIL-ACUNS-One Earth Future piracy conference Julian mentioned recently. https://opiniojuris.org/2010/02/11/experts-release-report-explaining-that-international-law-can-help-suppress-piracy/ I'm working on a longer piece on the subject....
14 Jan Remedies in International Law: A Case of Inspiration
[Kristen Boon is a Professor at Seton Hall Law School and a Visiting Academic at Global Affairs Canada. All views expressed are those of the author.] Kent Roach’s new book Remedies for Human Rights Violations: A Two-Track Approach to Supra-National and National Law celebrates the creativity of international law with regards to remedies. He writes: “a central theme of this book is that domestic human rights lawyers can learn much about remedies from international law.” (5) As international law is sometimes viewed as a siloed discipline by domestic lawyers, Kent’s...
14 Jan What Domestic Lawyers Can Learn from International Law About Remedies
[Kent Roach, CM, FRSC is Professor of Law at the University of Toronto and the author of 15 books including Remedies for Human Rights Violations: A Two-Track Approach to Supra-National and National Law (Cambridge: Cambridge University Press, 2021).] I am grateful to Kristen Boon for her thoughtful engagement with my new book and the remedial dilemmas that she poses and examines. This confirms my sense as someone who has studied and litigated remedies for human rights violations in domestic law that domestic lawyers have much to learn from international lawyers...
28 Nov Symposium on Open Source Investigation Labs: Balancing Digital Truths and Human Costs: Witnesses and Open-Source Evidence in Atrocity Trials
[Rossella Pulvirenti is a Senior Lecturer in Manchester Law School (UK), specialising in international criminal law and human rights, with a specific focus on evidence and witnesses’ rights] The evidentiary landscape of international criminal justice is undergoing a profound transformation through the use of open-source intelligence (OSINT). OSINT marks the third major revolution in evidentiary approaches to prosecuting mass atrocity crimes. While it offers unprecedented opportunities for documenting and verifying international crimes, its use generates complex questions, particularly regarding the role and protection of witnesses. In this contribution, the term...