Search: Symposium on the Functional Approach to the Law of Occupation
24 Jul Procedural Efficiency and Institutional Strain at the International Court of Justice: A Delicate Balance
[ Fabián Raimondo is an Associate Professor of Public International Law at the Faculty of Law of Maastricht University. He has been a member of the Bar of the City of La Plata (Argentina) since 1990 and on the List of Counsel of the International Criminal Court since 2005. He has acted as counsel and advocate for Sudan in three advisory proceedings before the International Court of Justice. Alexandre Skander Galand is an Assistant Professor of International Law at Maastricht University. He has participated in the International Court of Justice...
16 Dec When Tech Disrupts Faster Than Rules Adapt: Drafting Emergency Guidance for AI-Affected Evidence
[ Sabrina Rewald is a lawyer and independent legal consultant specialising in criminal justice, human rights, and technology, and a co-founder of Fénix Foundation. Basile Simon is the director of the law program at the Starling Lab for Data Integrity, and a fellow at Stanford University. Emma Irving is an independent legal consultant specialising in standards for digital evidence, and a co-founder of Fénix Foundation. Kate Keator supports nonprofits with data strategy, operations, and emerging technologies at the intersection of peace and social impact. She is also a co-founder of Fénix...12 Mar Why The US Declaration on AP I Will Not Prevent the Admission of Hearsay
his behalf,” has the administration inadvertently (or intentionally) invoked the Confrontation Clause of the Sixth Amendment, thereby potentially gutting the relaxed rules on the admission of hearsay available to both sides in military commissions? … I believe that this will result in substantial pretrial, trial, and appellate litigation. The idea that Article 75(4)(g) prohibits hearsay is incorrect. Although the provision bears a superficial resemblance to the Sixth Amendment, it was in fact carefully drafted to accommodate both the common law and civil law approaches to evidence. Here is the ICRC’s...30 Apr Guest Post: Landmark Sovereign Debt Restructuring Award
...BIT (“loans, claims to money or to any performance under contract having a financial value”), because there was inter alia no claim to money, no contractual privity or contractual relationship between Poštová and Greece that could arise out of the bond issuance or trading process. (paras 338-349) By adopting a rigorous approach to treaty interpretation that focuses on the terms in their context and in light of the BIT’s object and purpose in order to give an effective meaning, the award therefore has wider significance in demonstrating that not every...
09 Apr Symposium on Dominic Ongwen Case: From Participation to Reparations – Representing Victims in the Dominic Ongwen Case
Michael Gibbs Wessells, Professor Seggane Moses Musisi) and emphasized by the LRVs. This acknowledgment extends to individuals who, while not direct victims of the crimes, are offspring of the direct victims and may suffer transgenerational harm. This progressive stance underscores the relevance of the Ongwen case and sets a significant precedent for reparations eligibility. However, the Chamber ought to have taken a more proactive approach and deliberately considered individualised reparations for specific categories of victims consistent with the victims’ views. This approach would align with the goal of addressing the...11 Jun Guest Post: Suffering Victims and Collective Crimes: The Limits of International Criminal Law
Chamber chose to approach this from an international law perspective, linking this with the principle of non-intervention, which, it recalls, is a customary law rule established by the ICJ in the Nicaragua case. The Judges consider that “while these provisions of customary law govern conduct between States, the Trial Chamber considers that the violation of this principle by a Head of State individually engaging in criminal conduct can be taken into account as an aggravating factor” (§27). This is the first time I see this in a judgment of an...
02 Nov Between Elitist Conversations and Local Clusters: How Should we Address English-centrism in International Law?
that, after all, the warnings of political scientist Karl Deutsch may have been right: “Power means not having to listen!”. The importance of the relationship between language and international law cannot be overstated, not least because of the discipline’s universalistic pretence. The choice of language significantly determines the way in which international law is made, interpreted, and applied, what knowledge is produced by scholars, and the participants of the conversation. As Anthea Roberts accounts for in her ground-breaking book Is International Law International?, international law has not remained alien from...13 Sep Forced Relationships: Prosecutorial Discretion as a Pathway to Survivor-Centric Justice
...as victims were forced into a conjugal association not of a predominantly sexual nature (paras 187-196). The Appeals Chamber did not, however, exclude that in different circumstances, forced relationships may give rise to sexual slavery. The ICC has adopted this flexible approach: In Katanga and Ngudjolo, the Pre-Trial Chamber held that “sexual slavery also encompasses situations where women and girls are forced into ‘marriage’, domestic servitude or other forced labour involving compulsory sexual activity, including rape, by their captors” (para 431). The Pre-Trial Chamber in Ongwen considered that forced marriage...