Search: Symposium on the Functional Approach to the Law of Occupation
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...
28 Sep Symposium on the Current Crisis in Myanmar: Post-coup Violations Should be Investigated as Crimes against Humanity
...to be considered widespread it would need to be shown that the violent acts did not occur in a limited number of confrontations. In addition, in cases where the protests have taken place in several regions throughout a country like in Myanmar, the Prosecution’s approach considers whether the alleged crimes did not occur only in a limited number of them [OTP Report 2015]. According to the Prosecution’s approach, the number of the victims needs to be weighed against the size of the targeted population and the timespan [OTP Honduras Report]....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....
10 Feb ICC Jurisdiction Within & Beyond Darfur: Mapping the Limits of Resolution 1593
...express temporal limit on the Court’s jurisdiction, the plain language of Resolution 1593 controls and jurisdiction remains ongoing for crimes linked to the referred situation. It is critical to note, however, that the Chamber’s interpretative approach to temporal jurisdiction was adopted within the context of crimes allegedly committed between 2003 and 2004, i.e., crimes with close temporal proximity to, and predating, Resolution 1593. Considering that the crimes here postdate April 2023, this post reviews the interpretative approach undertaken by the Court across other triggering jurisdictional mechanisms, where the alleged crimes...
13 Mar Getting in Formation: WHO Constitutional Heads of Power and the Pandemic Agreement
While the pandemic roared, the world was keen to see a new and bold approach to collaboration between countries, with accountability laying at the highest levels of government, and pandemic prevention and financing as critical as outbreak response. While ongoing negotiations may see debate about form as simply a matter of legal interpretation, Member States must be cautious in ensuring that their chosen approach does not undo their work to date in negotiating a comprehensive Pandemic Agreement or undermine the scope of law-making powers available for future global health law-making....14 Jun What do Appropriate Due Diligence Measures for Nonstate and Substate Partners Look Like? Part II: A Sample of US Practice in Iraq, Syria, and Afghanistan
of Iraqi forces – a three-star general based in Baghdad overall, and the nearest Iraqi Security Forces or Federal Police command at a local level. They were subject to all the regular rules and disciplinary procedures of other Iraqi forces. In some cases, TMF who broke the law (mostly infighting among themselves, theft) were prosecuted and punished via regular Iraqi law enforcement processes. On the US side, the TMF were subject to Leahy Law human rights vetting, and follow-on monitoring. US personnel at US embassies, consulates, and bases regularly tracked...
22 Dec Between Sovereignty and Universality: Iran’s Draft Bill on International Crimes in Comparative Perspective
of existing customary norms. Against this backdrop, Iran’s legislative initiative represents a significant step in aligning domestic law with international obligations. It also reflects constitutional commitments under Article 158 of the Constitution of the Islamic Republic of Iran (1979), which empowers the judiciary to draft bills concerning criminal law, and broader global trends towards the domestication of ICL. The obligation to criminalise international crimes domestically is therefore grounded in customary international law, treaty law, and constitutional law, underscoring the necessity of Iran’s Draft Bill. This post offers a critical overview...
29 Aug Climate Change: A Threat to International Peace & Security?
[Mark Nevitt is an Associate Professor at Syracuse University College of Law and affiliated faculty with Syracuse University’s Institute for Security Policy & Law and a former lawyer in the United States Navy.] Is the climate-security century upon us? If so, what are the implications for international legal governance and institutions? In his recent Opinio Juris essay, based on his provocative and meticulously researched article, Atmospheric Intervention , Professor Martin argues that the climate change crisis may well exert pressure for change on the governing jus ad bellum regime....
13 Feb Counting the Cost of Climate Change: Hits, Misses and the Future of Environmental Compensation After the ICJ’s Advisory Opinion
of responsibility. The law of State responsibility provides different mechanisms for addressing situations involving multiple contributing States but how these apply in the context of climate change remains unclear in many respects (see, e.g., de Arcos Tejerizo), particularly where a State or several States may have repeatedly emitted harmful greenhouse gasses at both lawful and unlawful levels over a period of time. Judge Nolte expressed scepticism at the role that composite (or continuing) acts could play (Declaration, para. 28) in the appraisal of individual States. While the Guiding Principles on...
27 Apr The Scope of the (Aborted) Afghanistan Investigation
...jurisprudence. Most obviously, it is much narrower than the approach PTC III took in the Burundi situation. The Burundi PTC — which included Judge Mindua! — explicitly held that the OTP could investigate any crime that fell within the authorization request’s temporal parameters: 193. With regard to the material scope of the authorized investigation, the Chamber authorizes the commencement of an investigation of any crime within the jurisdiction of the Court committed between 26 April 2015 and 26 October 2017, subject to what is said in the previous paragraph on...