Search: Symposium on the Functional Approach to the Law of Occupation
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...
07 Apr The Growing Imperative to Recognize and Codify Gender Apartheid: Demonstrating the Need and Responding to Critics (Part II)
these international efforts to hold the Taliban accountable could generate greater international recognition and precedent for gender apartheid. In conclusion, the criminalization of gender apartheid will fill the current accountability vacuum under international law that leaves many victim-survivors without any remedy or reparation for the totality of harms committed against them. It will ensure a gender-inclusive approach that better reflects the realities in contexts such as the Taliban-controlled Afghanistan. In addition to strengthening the normative framework of international law, recognition of the crime against humanity of gender apartheid would also...
17 Jul Symposium on PMSCs: From Power to Peril – Risk Transfer by Private Military Security Companies and the Global South’s Burden
[Madhumita Jayashankar is a final-year B.A. LL.B. (Hons.) student at Rajiv Gandhi National University of Law, Punjab, specialising in international law with a major in political science] In recent decades, the landscape of global security has undergone a quiet but profound transformation. The privatization of military and security functions and services has surged since the end of the Cold War, fundamentally reshaping how states manage risk and project power. Today, Private Military and Security Companies (PMSCs) are no longer marginal actors but central in operating in armed conflict environments or...
19 Apr Syrian Victims Alter the Justice Landscape
...a humanitarian approach to the issue, similar in some ways to the framework of the Committee on Missing Persons of Cyprus, rather than naming and shaming perpetrators. The fact that victim’s associations independently designed such a framework following a phase-based approach to the right to the truth represents the clearest proof of the innovative and advanced contributions victims’ associations are bringing to the Syrian (transitional) justice landscape. Beyond Criminal Justice: Tangible and Cumulative Forms of Justice Most justice efforts implemented within the Syrian context until now have focused on criminal...
12 May Hunger Must Be Discussed as a Human Rights Violation
...‘Right to Food’ Based Approach is Essential to Eradicate Hunger In light of the rights-based approach, hunger should be evaluated through the right to food, and in terms of the right to food, interstate cooperation is a legal responsibility to ensure socio-economic rights in accordance with Article 11(2) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The obligation to fulfill the right to food is divided into three sub-categories: (a) the obligation to facilitate, (b) the obligation to provide, and (c) the obligation to promote. Among these...
22 May Curb Your Enthusiasm (Not Your Emissions): Analysis of the ECtHR Rulings on State Responsibility for Climate Change
control over individuals on such territory (Chriagov and others v. Armenia, Cyprus v. Turkey, Manitaras and Others v. Tukey, etc). Duarte Agostinho challenged this approach by arguing that, given the diffuse trans-boundary nature of climate change, control over the source of emissions should be the decisive factor regarding jurisdiction. The ECtHR did acknowledge the causal relationship between GHG emissions on the territory of a State, and their adverse impact on the human rights of people abroad. However, it found these were insufficient grounds for expanding its established approach to extraterritorial...
03 Jan The ICC Prosecutor’s Double Standards in the Time of an Unfolding Genocide
an unprecedented policy decision to sever its long-standing communication channels with the Israeli military authorities, having concluded that its work was rather facilitating and giving effect to inherently flawed processes intended to ‘white wash’ the army’s actions. Concluding Remarks At this critical juncture when the international community is witnessing what highly likely amounts to an unfolding genocide in Gaza, the Prosecutor’s actions are crucial. The urgent question is not whether, but how the Israeli-Palestinian setting should be approached by the Prosecutor without either (i) offending the integrity of the Court’s...
08 Aug Nature and Nurture: How War Weaponizes Gender and the Environment
[ Donna Cline is a US-licensed criminal practitioner and lead for the Environment Mobile Justice Team at Global Rights Compliance, where she works closely with Ukrainian prosecutors to ensure accountability for war crimes. Julia Tétrault-Provencher is a Canadian lawyer (Quebec Bar) and international lawyer with the Sexual and Gender-Based Violence Mobile Justice Team at Global Rights Compliance in Ukraine.] Legal practitioners and scholars alike often remark that the environment is “the silent victim of war” (for instance here, here, or here). This saying is not without merit; thinking about the...
27 Nov Why Should the UN “Govern AI for Humanity”: What is at Stake and What is the Urgency?
poses several risks to humanity and, particularly, to vulnerable groups, such as children, women and girls, and minorities, especially in the Global South. Furthermore, its risks in different critical civilian fields which have a direct impact on human rights, such as the law enforcement, administration of justice, and border control, environment, are already materializing. In the military domain, AI’s implications to international peace and security, have been discussed by the Group of Governmental Experts on Lethal Autonomous Weapons Systems (GGE on LAWS) of the Convention on Certain Conventional Weapons (CCW)...
26 Jan It is in the Interest of India to Settle the Jadhav Matter (India v. Pakistan) through Diplomatic Methods
the power of High Courts to grant any relief “… in relation to a person … who is for the time being subject to any laws relating to any of those Forces … in respect of any action taken in relation to him … as a person subject to such law.” Mr Jadhav is, of course, not a member of any armed forces of Pakistan, but for sure, he was subjected to Army Act, 1952 – a law relating to the armed forces of Pakistan. Fair Trial May Not Necessarily...