Search: unwilling or unable
07 May COVID Passports and Human Rights: a Proportionality Litmus-Test
...required CSCs for all visits. In the face of such a policy, those who are unwilling or unable to test or get vaccinated would bear the burden of the use of CSCs, being deprived of their Article 8 rights. Such a policy would not pass the proportionality litmus test. Conclusion We do not argue that every use of CSCs will amount to an unlawful interference with ECHR rights. Rather, as the example of care homes shows, there is a need for careful human rights analysis of all possible uses of...
11 Sep Punitivism Is Not the Desired Panacea Or: Why Good Social Policy Is Also the Best “Corona Policy”
...not just the demonstrators’ demand to immediately lift still in place restrictions on civil liberties, but above all the “how” of the demonstration – the participants were either unwilling or unable to comply with the hygiene regulations under which the demonstration had been approved. The demonstrations were thus dissolved by the police. So far, so normal. People take to the streets in exercise of their constitutionally guaranteed rights, and if – while doing so – they do not comply with the laws in force in this country, they have to...14 Oct Guest Post: Do All Roads Lead to Rome? Why Ukraine Resorts to Declarations Rather than Ratification of the Rome Statute
...regarding the repercussions of the ad hoc declarations in particular and ratification as a whole. For example, concerns over the new declaration being in breach of Article 5 of the Minsk II agreement which provides pardon and amnesty to those involved in the conflict in the Donbass region. However, under international law such amnesty has consistently been interpreted as excluding international crimes and gross human rights violations. Therefore, if Ukrainian courts are unable or unwilling to investigate and prosecute such crimes, the ICC’s complementarity principle can be activated, as it...
07 Dec The Hostage Situation in Gaza and the Responsibilities of the International Community
...the event that a state proves unable or unwilling to protect its population against severe and systemic human rights abuses, the international community is mandated to take prompt and determined measures. These interventions may encompass diplomatic, economic, political, or, in some cases, military actions, provided they are duly authorized by the Security Council (UNSC), in conformity with the United Nations Charter. The responsibility towards the kidnapped, however, does not stop with the states whose civilians were kidnapped. In the realm of international human rights law (IHRL), the concept of state...
21 Aug Emerging Voices: What Colombia’s FARC Peace Deal Teaches the ICC About Its Complementarity System.
...“unwillingness” standard that proves the Colombian situation infringes the complementarity model regulating the OTP’s oversight over Member State’s domestic judicial processes. A new category for the “unwillingness” standard? To preserve national sovereignty, complementarity means the ICC, pursuant to Article 17, functions as a court of last instance. Unless Member States fail to take the appropriate steps to criminally process individuals accused of crimes that fall under ICC jurisdiction, the OTP cannot conduct an investigation. And yet, this limits its scope since it relies on two scenarios for successful admissibility: (i)...03 Apr New Casebook on the Law of Armed Conflict
...so to speak, "on the ground?" Benjamin Davis I congratulate them on the book and hope to have a review copy as soon as possible so I can think about it for my work. I am curious about the treatment of "unable and unwilling". I have just seen an excellent paper by Dawood Ahmed noted by Robert Chesny that is up at ssrn.com as "Defending Weak States Against the "Unwilling or Unable" Doctrine of Self-Defense" ( http://ssrn.com/abstract=2239817) that should be in every casebook in contrast to the Ashley Deeks article....16 Jun The Al-Senussi Defence’s Unfortunate Adoption of the Due Process Thesis
the proceedings can neither be designed to acquit nor designed to convict. Although Libya attempts – in violation of established Vienna Convention principles on treaty interpretation – to read any meaning out of the key terms ‘unwilling’, ‘unable’ and ‘genuine’, suggesting that all three refer to nothing more than ‘sham proceedings’ to shield an accused from criminal responsibility, this view is no longer tenable in light of the Chamber’s analysis in the Gaddafi Admissibility Decision. Nothing in the PTC’s decision supports this argument. On the contrary, although it did not...05 Aug The Primary Reason Why Libya’s Admissibility Challenge Must Fail
In my earlier post on Libya’s admissibility challenge, I explained how the Libyan government’s failure to provide Saif with due process could be relevant to the admissibility of the case against him. There is, however, a far stronger argument against Libya’s admissibility challenge, one that I’ve discussed before: namely, that Article 17(3) deems a case admissible if “the State is unable to obtain the accused,” and Libya is unable to obtain Saif from the Zintan militia that has him in custody. The OPCD’s response makes the argument at length, with...