Search: Symposium on the Functional Approach to the Law of Occupation
17 Sep Organizing Rebellion Symposium: A Multi-Faceted Study of Armed Groups and International Law
[Katharine Fortin is a lecturer at the Netherlands Institute of Human Rights, Utrecht University, and teaches human rights law and international humanitarian law. She is the founder and co-editor of the Armed Groups and International Law blog. This is the latest post in the co-hosted symposium with Armed Groups and International Law on Organizing Rebellion .] It was hard to decide which parts of Tilman’s excellent book Organizing Rebellion to address in this post, as I have written on armed groups from the three perspectives that he covers – IHL,...04 Apr NYU JILP Symposium: The Challenge of Assessing Misconduct Allegations at an International Court
with Jenia regarding the wisdom of the balancing approach, but there may be an additional hazard to the ones she identifies. Just as an absolutist approach might cause judges to avoid finding a violation of an accused’s rights – what Jenia and others refer to as “remedial deterrence” – the balancing approach, which offers the judges a range of remedial options, risks having the opposite effect, causing judges to be too willing to find prosecutorial violations or prejudice to the defense. If judges can impose only a small penalty on...
01 Nov Symposium on the ECCC: Extraordinary Experiments in Reparation
ECCC’s mandate. Beyond one-off consultations, continuous communication and involvement is key to enabling reparative effects among civil parties. On the whole, the ECCC’s more pragmatic approach to reparations provides a notable counterpoint to the more legalistic approach pursued at the ICC, and it will undoubtedly contribute to further debate on the merits and problems with reparations in international criminal justice. Although it may be too soon to say whether – and for whom – these measures had a reparative effect, there is still much to learn from this novel attempt....
02 Dec UNSC Veto Power Symposium: Voluntary Veto Restraint Initiatives as Evidence of the Global Community’s Disapproval of the Use of the Veto Power
[Milena Sterio is The Charles R. Emrick Jr. – Calfee Halter & Griswold Professor of Law at the Cleveland-Marshall College of Law and Co-Coordinator for Global Justice Partnerships at the Public International Law and Policy Group.] It is my pleasure to contribute this guest post to the Opinio Juris symposium about Professor Jennifer Trahans’s recent book, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes. Professor Trahan’s book is a significant contribution to existing literature on the subject of the Security Council and the role...
13 Jan Nations Should Boldly Redefine Development Approach
...Development Bank for Resilient Prosperity (DBRP), a recently established financial institution dedicated to Small Island Developing States, which understands the Earth as a dynamic, interconnected system. A systems approach provides a practical and philosophical foundation for integrating human rights into global development. This framework views global development as a dynamic structure in which interconnected economic, social, and ecological systems need to remain in balance to ensure stability. The system ensures that no single aspect of development is pursued at the expense of others. For example, a systems approach advocates policies...
11 Jun The Involvement of Supporting States in International Armed Conflicts, A Practical Approach
...thus difficult to transpose in this context. In this post, I suggest delving into a more pragmatic path rooted in the IHL normative consequences that flow from becoming a party to an existing IAC. But before exploring this avenue, let me briefly review the main pitfalls of the above theoretical approaches. Theoretical Approaches The law of neutrality – which confers rights, for instance of inviolability, and imposes obligations, mainly of impartiality and abstention, on neutral States (see 1907 Hague Conventions V and XIII and customary international law) – has often...04 Jan Guest Post: Merry-Go-Round Justice–The Retrial of Stanišić and Simatović
approach “particularly troubling, in light of its own obligation to provide a reasoned judgment in writing.” That irony was also not lost on Judge Afanđe, who, whilst discussing the flaws in the Majority’s approach, mused on the Majority criticising the Trial Chamber for failing to provide adequate reasoning for its decisions while doing precisely the same thing: a classic case of kettle calling the pot. Considering the other aspect of the substantive merits, the decision to reverse the acquittals rested on the Trial Chamber’s analysis of Stanišić’s mens rea that...25 May A Breath of Fresh Air as the Supreme Court of Malawi Breaks Rank with Its Own Precedent and Peers in Southern Africa: Part 1
its fellow courts in the region on this question. The Court criticised the quantitative approach by holding at page 84 that: “The Zimbabwe case of Chamisa v Mnangagwa seems to suggest that as a general rule, an election will not be annulled if a breach of the law did not affect the election result. We have doubts that this would be a good approach, particularly where serious breach of the law is involved. What if the numbers themselves are as a result of inaccurate counting, intimidation, fraud or corruption? Surely,...
11 Dec Operationalisation of ‘Duties’ of States and Non-State Actors in the Draft Convention on the Realisation of the Right to Development
rights (famous exchange of views among Jack Donnelly and Philip Alston). Thus, Article 3(c) the draft Convention has envisaged the human rights-based approach to development as the chief principle to realise the right to development including obligation to conduct human rights impact assessment (HRIAs). The inclusion of Article 3(c), therefore, endorses the decision of the OEWG held in 2005 which recommended that laws, policies and practices related to development must incorporate a human rights-based approach. However, in context of operationalisation through “development compact”, some delegates from the Southern group have...