Search: Symposium on the Functional Approach to the Law of Occupation
05 Jun Symposium on Reproductive Violence in International Law: Legal Recognition of Children Born of Conflict-Related Sexual Violence in International Criminal Law
[Judy Mionki is an International Criminal and Human Rights Lawyer. She has been part of defence teams at the International Criminal Court in the Kenya and the DRC situations. The views expressed in this posts are the author’s own. This post summarises an upcoming journal article (forthcoming, Journal of International Criminal Justice, 2024).] This post forms part of the Opinio Juris Symposium on Reproductive Violence in International Law, in which diverse authors reflect on how the International Criminal Court and other jurisdictions have responded to violations of reproductive health and...
03 Aug Complementarity, Catalysts, Compliance Symposium: The Spectrum of Ideologies in International Criminal Justice–From Legalism to Policy
‘mirror’ those at the court, has had the opposite effect (p. 81). This process of the ‘domestication’ of ICL has turned into what De Vos calls the ‘justice meme’ – the tendency to mimic conformity with ‘international standards’ (p. 15), often by directly replicating the ICC model into national law (pp. 154-155, Chapter 5). This copy-and-paste approach can end up competing with and undermining the development of functioning domestic judicial systems (Chapter 6). Furthermore, De Vos’s thorough analysis of the ICC’s involvement in Kenya, Uganda and the Democratic Republic of...04 Apr NYU JILP Symposium: How Much Weight Should Courts give to Defendants’ Rights in Determining Remedies for Prosecutorial Violations?
[Margaret deGuzman is an Associate Professor of Law Temple University Beasley School of Law.] This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. Thanks to Opinio Juris for inviting me to comment on Jenia Turner’s article and to Professor Turner for her excellent and thought-provoking work. Professor Turner’s article tackles an important problem that has plagued the ICC in its early days. When the ICC Trial Chamber ordered...27 Sep HILJ Symposium: A Pragmatist’s Response to ‘The Democratic Coup d’Etat’
[William Partlett is an Associate-in-Law at Columbia Law School and a Nonresident Fellow at the Brookings Institution.] This post is part of the Harvard International Law Journal Volume 53(2) symposium. Other posts in this series can be found in the related posts below. The Democratic Coup d’Etat is an important article. First, and most obviously, this Article carries significant policy implications. The political transformations sweeping the Middle East and North Africa – known as the “Arab Spring” – have presented a wide range of conceptual challenges to policymakers and political...
14 Jun Options for a Peace Settlement in Ukraine: Option Paper VII – Multilevel Peace Agreement Design: Dealing with Geopolitical Support
that this is perhaps best suited to an internal conflict with international geopolitical underwriters, who come together to agree to support a settlement. However, it is a model that can perhaps be adapted to the Ukraine contexts, including using the multi-layered approach set out below. Option Five: Multi-Layered Use of All Options Multi-layered solutions adopt several of the above modalities to create a ‘multi-layered’ approach to implementation. This approach could enable a Ukraine-Russia settlement which has both cross-border and domestic actions for both parties, to enforce and underwrite agreement. Many...
30 Mar Justice in Extreme Cases Symposium: ‘One Must Imagine Sisyphus Happy’–On the Liberating Potential of Robinson’s Coherentist Approach to International Criminal Justice
rationality which is often artificial in the context of atrocity crime (see also Kamari Clarke’s Affective Justice). Building on Hegel, who claimed that criminal law ‘honors’ the defendant, or Antony Duff’s conception of the offender as responsible and answerable agent, he argues that humanistic justice requires us to approach the defendant as ‘fellow moral person’. As a defender of liberalism, he strongly disagrees with the idea of grounding international criminal justice in an enemy penology, such as friend/enemy clusters (Carl Schmitt) or the idea of an ‘enemy criminal law’ (Günther...20 Dec LJIL Symposium: Genocide and Discrimination: A Response
...criminal law in general). Relying on the objective approach seems to emphasize the role played by the judiciary through the final outcome of the case – as long as an impunity gap is filled by bringing a conduct under a crime, it fulfilled its task. In other words, this approach seems to focus on the need to punish the perpetrators. As opposed to this, the adoption of the subjective approach by the judiciary underscores their role in moderating the negative effect and questioning the ‘validity’ of the creation of groups...
08 Apr Climate Change: Germany’s Bundeswehr to Prioritise Warfighting
[Luke James is Defence Human Security Advisor interested in transitional justice and conflict transformation. He has previously worked for the International Criminal Court, OSCE ODIHR, The HALO Trust and the British Red Cross. Luke is a Deputy Director for an International Law NGO, a Reservist with Outreach Group.] Germany’s 14 March 2024 Strategy on Defence and Climate Change illustrates a distinct traditional state security prioritisation for its military approach to climate change – a missed opportunity to incorporate a complementary Human Security approach. Future Thinking Warfighting Germany’s Strategy on Defence...
16 Nov Towards the Earth Justice: How far can we go with Anthropocentrism and the Global South Approach?
[Nivia (X/Twitter: @NiviaaPipit) is an undergraduate law student of Gadjah Mada University, Indonesia, majoring in international law. She currently works as a research assistant for Gadjah Mada Center for Energy Study as well as the Institute for Criminal Justice Reform (an Indonesian-based NGO).] When I delved into an article entitled Bridging Jurisprudence and Ecology: A New Haven Inquiry into States’ Climate Duties written by Rafsi Albar, a colleague in the International Law Department of Gadjah Mada University, I was astounded by his broad understanding of international law’s approach. His article...