Search: crossing 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...
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...31 May Weekend Roundup: May 17-31, 2015
...a Sovereign Debt Treaty.” Kevin posted on Regulation 55 of the Rome Statute in the context of the Gbagbo proceedings and what he terms the irrelevance of the confirmation hearing. He also posted on when the left shoots itself in the foot (IHL version). We had two guest contributions in the last two weeks. The first, from Rick Lines, Damon Barrett and Patrick Gallahue was entitled: The Death Penalty for Drug Offences: ‘Asian Values’ or Drug Treaty Influence? Marina Aksenova posted on Five Questions on the Colombian Sentencing Practice and...20 Nov ICJ Gives Colombia an Empty Victory Over Nicaragua
Just a further quick note on the ICJ opinion yesterday (press release here) on the long-running Colombia/Nicaragua dispute over sovereignty and control over certain Caribbean islands. The ruling seems a mixed bag since it recognizes Colombia’s sovereignty and rejects other Nicaragua submissions. But Nicaragua is declaring victory. At first glance, I get nervous when courts (any courts, whether domestic or international) start adjusting lines based on “equitable considerations.” But there are no good ways to do this according to very strict legal rules. So we’ll see if this ruling sticks....
08 Mar A Short-Term Option for Addressing Misinformation during Public Health Emergencies: Online Nudging and the Human Right to Freedom of Thought
...and applying nudges to online news feeds that they think will help so-called ‘non-elites’ make ‘smart’ decisions (see this work of Michael Sandel at 81-112). Aside from the condescension that arises with practices and communications that run along the lines of ‘we know better than you’, which inhibits public trust (see, for example, here and here), nudging raises additional human rights considerations. There are a number of human rights dimensions to the current pandemic that have been highlighted (see, for example, here), including with respect to misinformation (see here and...
23 Feb Aerial Incident of 25 December 2024: Issues of Russian Responsibility
[Doniyor Mutalov is a Research Assistant at the Center for International Law and Governance, where he works with Professor Sebastián Mantilla Blanco. He holds an M.A. in Law and Diplomacy from The Fletcher School at Tufts University and was awarded the Leo Gross Prize for excellence in law studies] Facts On December 25, 2024, Azerbaijan Airlines Flight 8243, an Embraer 190 with 67 people aboard, was shot down by the Russian Armed Forces while flying over the Chechnya region of Russia. The plane then crashed in Aktau, Kazakhstan, killing 38...05 Aug Don’t Blame Us, the United Nations Made Us Do It
...Act. But if the Coast Guard delegates its responsibility for traffic separation schemes to the International Maritime Organization, and if we accept this delegation as relieving the Coast Guard of any responsibility for them, no such recourse is available. The International Maritime Organization is not subject to the Administrative Procedure Act or the ESA…. “[W]hen an agency delegates power to outside parties, lines of accountability may blur, undermining an important democratic check on government decision-making.” Appellees point to no evidence showing that Congress intended to undermine the ability of injured...