Search: crossing lines
07 Aug Complementarity, Catalysts, Compliance Symposium: A Reply
...level of review in assessing admissibility challenges (particularly those raised by individual defendants), while setting at times an unreasonably high evidentiary threshold for challengers to satisfy. These procedural hurdles are, in my view, in tension with the policy goals of positive complementarity. I would prefer to see a more clearly articulated and consistent application of a deference principle – along the lines of that called for by Judge Ušacka in her dissents – that could permit a more policy-oriented jurisprudence to emerge without radically departing from the framing of admissibility...07 Feb The Parochialism of Western Cosmopolitanism in a Competitive World Order
...global order, international lawyers of all stripes will need to develop a greater awareness of the diverse frameworks and narratives through which international law events are understood and arguments are made around the world. The first step in building this understanding is for international lawyers to diversify their sources and networks in an effort to see the world from different perspectives and through other eyes. The motivation for taking this step can be founded in cosmopolitan idealism (thinking international law should be more inclusive) or hard-bitten realism (along the lines...08 Dec African Withdrawals Mask the Real Issue at the Assembly of States Parties 15
...allowed the OTP to open their 2016 investigation into Georgia (p10), a cost now incorporated into the 2017 budget; but at €7,000,000 (p169), the contingency fund is not designed to cover the costs of entire unplanned investigations. In closing, and to use the United Kingdom as but just one example, the opening and closing lines of their general debate address highlights the point that States more than ever are unwilling to back up their rhetoric with adequate financial support.continued support for, and commitment to the International Criminal Court’, only to...09 Feb Mapping the Evolution of States and Empires
The bloggers at Coming Anarchy have put together an informative series of posts about the shifting borders of states and empires. There’s a time-lapse animation of the expansion and contraction of Rome and Byzantium, a series of maps for each of Ethiopia, Poland, Armenia , Persia, and Russia. Also, there’s a series of comparative maps on state borders in modern Europe. Along similar lines (and in light of current events), I would also recommend Catholicgauze’s post on the ethnic geography of Kosovo. Since a picture is worth a thousand words,...
12 Mar By Practioners, For Practitioner: ABA’s ICL Best Practice Project Publishes Guidance on Judgment Drafting
...often measured by how effective and efficient prosecution authorities are. Yet, much more attention should be placed on the judiciary along these same lines. How well judges, and most importantly, chamber staff perform is another critical component in measuring just how successful international criminal processes are. Putting aside the substance of judgments (which often engenders heated debates, to say the least), it is commonplace for the timeliness and length of international criminal judgments to be subjected to withering complaints as well. It is not hyperbolic to state that the total...20 Oct Guest Post: Bolivia’s First Triumph in The Hague
...is strong and clear, as this judgement follows a bad experience in the case about the maritime delimitation with Peru (solved by the ICJ in 2014). Moreover, to face the further proceedings on the merits, Chile´s legal team has to change its strategy based in the 1904 Treaty, which was specifically excluded from the discussion by the Court. In this regard is worth asking what were the arguments of the parties? And does Bolivia really have a good case? In the following lines I will try to address these two...
11 Jul What Is a Mass Grave? Why Protect Mass Graves? How to Protect Mass Graves?
...it is possible that surface scattered human remains (i.e. at the side of a road) may also constitute a mass grave, and reports point to the existence of such circumstances. How Are Mass Graves Protected? Protection of the site is paramount to preserve the integrity of remains, associated evidence and lines of enquiries. Protection measures ought to safeguard the human remains against contamination, desecration, robbery, scavengers and the movement/relocation of bodies to secondary sites, where a perpetrator is seeking to evade detection. Image from Protocol Appendix 3. Assuming that access...
20 Jan Geoengineering and the Use of Force
...within the current understanding of armed attack justifying self-defense, but as that threat begins to emerge more clearly, one can certainly anticipate that arguments will be made that it is close enough. To the extent that there is strong resistance to such efforts to relax the “armed attack” standard, scenarios such as explored here will tend to blur the lines between self-defense and such justifications as necessity and countermeasures. It is widely accepted that necessity cannot be invoked as a justification or defense for violating the prohibition on the use...