Search: crossing lines
18 Aug States of Justice Symposium: Politicised Referrals are Still Referrals Nonetheless
...that will mitigate the use of international criminal justice for political and security ends; and not blur the lines between peace and justice (Werle and Zimmermann 2019, 3). The idea that international justice is “inherently political” (Ba 2020, 65) holds true for the instances highlighted by Ba in the book. Similarly, bringing perpetrators of gross human rights violations to account; providing victims of international crimes with a platform to detail their violation; and providing reparations for victims is also justice. In conclusion, Russian novelist and philosopher Aleksandr Solzhenitsyn writes: “When...22 Jul Does the U.S. Need a Declaration of War on Al-Qaida?
...world we live in, not the world we wish we lived in. Such rules should not provide greater protection than we would provide to American citizens held as enemy combatants in this conflict; and they must assure that court proceedings are not permitted to interfere with the mission of our armed forces. In other words, soldiers fighting the war on terror, for example, should not be required to leave the front lines to testify as witnesses in habeas hearings. Affidavits prepared after battlefield activities have ceased should be enough. And,...
03 Oct People Make the World: A Conversation with Georges Abi-Saab
...find themselves operating “behind enemy lines,” working in institutions and structures that are hostile to their perspectives, not to mention to their very identity. Rather than rejecting these institutions altogether, Abi-Saab advocates for guerrilla legality, participating with the aim of subverting the dominant logics. His role in cases such as Tadic and his time at the Appellate Body of the WTO are exemplary of the way Third World intellectuals can shift the debate toward more equitable outcomes. It is a balancing act, he tells us, and Third World scholars must...
27 Nov ‘I Want to Put the Social Question Back on the Table’ – An Interview with Anne Orford
...and I am blocked. Then I am trying to figure out why, what is stopping me from thinking about this in a way that would be productive. Often, I find that someone or some tradition is telling me that I cannot think about that. I think that happens for lawyers a lot more than in other disciplines. I say this a little bit tongue-in-cheek, but we are a little bit authoritarian in that we really look for authority. ‘What’s your authority’ is a proposition that makes sense in law. We...27 Aug Guest Post: Malaysia Airlines Flight MH17–Possible Legal Avenues for Redress (Part 1)
[ Dr Aaron Matta is a Senior Researcher at The Hague Institute for Global Justice , Rule of Law Program. Anda Scarlat is a Summer Fellow with the Rule of Law Program at the Institute.With many thanks to Dr Lyal Sunga, Jill Coster van Voorhout and Thomas Koerner for their helpful feedback on earlier drafts of this commentary.The views expressed here do not represent the views of the Hague Institute for Global Justice.] 17 July 2015 marked one year since the downing of Malaysia Airlines flight MH17 over eastern Ukraine,...18 Apr More on Baltasar Garzon
...particular irritated many people in Spain, even across the party lines – Garzon’s arrival at the station and taking charge of the investigation ‘on no authority whatsoever other than his own ego’ (I quote an annoyed Zapatero supporter at the time). There was also quite a lot of irritation that Garzon seemed to have unlimited capacities for pursuing universal jurisdiction claims and attendant international headlines abroad – but could not manage to find time, so the allegation went, for piled up, years dragged out, quotidian domestic cases on his docket....
13 Apr ICC Prosecutor Symposium: The Appointment of the Next ICC Prosecutor Is Not a Forum for Career Transition
...as a team player? The first two Prosecutors loomed large in the public perception of the Court, and its portrayal in the media. This certainly advanced a better understanding of Prosecution priorities and strategies concerning different cases, but also arguably led to blurred lines concerning the difference between the Prosecutor as a leading representative of the Court, as an institution, and the Prosecutor as a party to proceedings, which are presided over by Judges. Charisma may be important -– a Louis XIVth “sun king” style leader might further raise the...18 Jun Berman Book Discussion: Berman Agonistes
...among diverse normative communities. Global administrative law emphasizes that much modern global governance occurs not in high-profile diplomatic conferences or treaty negotiations, but in less visible “global administrative spaces.” Global administrative law urges that these administrative and regulatory processes be reformed along lines that advance administrative law values, such as transparency, consultation, participation, reasoned decision making, and review. Moreover, global administrative law focuses the accountability and legitimacy of global administrative practices, important dimensions of global governance that GLP does not analyze in detail. To date, only a handful of scholars...19 Aug Eritrea-Ethiopia Claims Commission Awards Final Damages
...10. US$75,000 for other government losses on the Central Front; 11. US$125,000 for looting of property from the Relief Society of Tigray; 12. US$150,000 for damage in Adi Goshu; 13. US$625,000 for shelling damage in Sheraro; 14. US$65,000 for damage caused by the attack on the Mekele airport; 15. US$4,000,000 for profits lost by Ethiopian Airlines; 16. US$1,703,020 for failing to provide Ethiopian Airlines access to its bank accounts at the Bank of Eritrea; and 17. US$7,500,000 for reconstruction and assistance to internally displacedpersons. C. As determined at the liability...