Search: Symposium on the Functional Approach to the Law of Occupation
13 Feb Russia’s Short-Sighted Approach to the Georgia Investigation
...ideals of justice,” she said. Assuming the article is correct — and Agenda.ge is, of course, a Georgian news organization — the statement represents a rather baffling shift in Russia’s approach to the Georgia investigation. According to the OTP’s request for authorization to open the investigation, Russia generally cooperated with the ICC during the preliminary examination, including providing the OTP with 28 volumes of evidence concerning Georgian attacks on Russian peacekeepers in South Ossetia. Given that the Pre-Trial Chamber has authorized the OTP to investigate those attacks (para. 29), Russia’s...
16 Apr Symposium on Confronting Colonial Objects: A Panopticon of Colonial Cultural Heritage Taking and Return
influence and shape the discourse for the years to come. So, how will debates further evolve in future if we follow Stahn’s approach to the topic? There are three main patterns that can be extracted from the book and its way of dealing with this challenging and contentious topic. These are the i) interdisciplinary dialogue and its fragmented integration into a normative argument; ii) micro-historical and object-oriented approaches in studying questions of taking and return, and iii) the embrace of ethics in complementation to law. Each point might provide enough...
05 Apr Symposium on Military AI and the Law of Armed Conflict: De-anthropomorphizing Artificial Intelligence – Grounding Notions of Accountability in Reality
human activities, along with risks of error, that should be the focus of regulatory and risk mitigation efforts. The approach to governance and regulation of AI we chose must reflect our underlying values as a society. We can see this values-based approach reflected in the various codes of ethical or responsible development and use of AI and their demands that AI be developed and employed consistent with international law. While the accelerant nature of AI described above may rightfully cause us to reassess how competing interests, like humanity and military...25 Aug Pakistan v India at the International Court of Justice, on Kashmir?
little information coming out of the region. While few details are available currently regarding the potential ICJ case, there are a few issues to consider. ICJ Proceedings The first issue to take up is who can approach the court, and how this is done. The ICJ is an international court that is meant to resolve disputes between states. This means that breaches by a state of international law obligations can be brought before the court. It is however not a human rights court, and individuals cannot approach the court. There...06 Aug Libya’s Flexible Approach to Time
...is moving forward; there is indeed nothing in the Rome Statute that requires a state to put domestic proceedings on hold while it challenges admissibility. The problem is that Libya has made it all too clear that it has no intention of ever turning Al-Senussi over to the ICC — even if the Appeals Chambers orders it to. That said, although I agree with the substance of Libya’s reply, I can’t help but marvel at its rather flexible approach to time. As Libya acknowledges, despite having nearly a month to...20 Dec LJIL Symposium: A Comment on Ambrus by Frederic Mégret
approach to groups remains in the case law of international criminal tribunals (most visibly in the attempt to define Genocide convention groups as stable and by birth, for example), that approach is at least a legal-objective approach, not a bio-scientific one. It aims to elicit the intention of the drafters, outdated as it may be, not to define groups once and for all. It is not the less wrong for it, but at least it is less suspect of sharing an awkward moment with the génocidaires. One could argue that...05 Feb The DoJ White Paper’s Confused Approach to Imminence (and Capture)
...would talk. Sometimes it was with regard to holes in laws passed by Congress that were due to Congress having overlooked the implications of the laws for Americans living abroad. At the end of the 90’s I believe there were estimates that 10 million Americans lived abroad. These included soldiers and people with the government, but the vast majority were private citizens finding their bliss by having these international careers (Obama’s mother as an example, but also corporate types being sent to foreign offices, lawyers in lawfirms, etc). Being evaluated...21 Jan Did the Gbagbo Majority Get the No Case to Answer Standard Wrong?
...— as Paul rightly does in his conclusion — that if the Majority did depart from the Ruto standard, it had every right to do so. Trial Chambers are bound by decisions of the Appeals Chamber; they are not bound by the decisions of other Trial Chambers. So, in the absence of an Appeals Chamber decision, there is nothing inherently wrong with one Trial Chamber taking a different approach than one of its predecessors. It might be a good idea for Trial Chambers to generally follow the approach taken by...21 Sep Book Discussion: A Principled Approach to State Failure by Chiara Giorgetti
We are very pleased to host from today through Friday an online symposium considering Chiara Giorgetti‘s book A Principled Approach to State Failure: International Community Actions in Emergency Situations (Brill 2010). Dr. Giorgetti, an attorney at White and Case and an adjunct professor at Georgetown Law Center, will be with us for the rest of the week, discussing various of themes from her book. Moreover, we will also be joined by Gian Luca Burci, the Legal Counsel of the World Health Organization; Greg Fox of Wayne State University Law School;...