Search: unwilling or unable
22 Aug Emerging Voices: The Transformative Influence of International Criminal Law in Domestic Perspective
...law that represents an effort to address those crimes which domestic criminal justice systems are often unable or unwilling to address. Although the dispute related only to the duty to investigate under the ICC Act, the judgment affirms that the jurisdiction under the ICC Act must be expansively interpreted so as not to limit its application to crimes committed by or against South African citizens or in South African territory. The judgment further affirms that the Act is intended to pursue maximum accountability where there is substantial evidence of international...04 Aug Colombia, the ICC — and a Twist!
...liability interchangeably with the concept of avoiding ICC jurisdiction. Take for instance this passage of the introduction: “This paper focuses on the political context in which Colombia has deliberately crafted mechanisms of transitional justice to avoid ICC jurisdiction.” This is quite literally what you are saying she’s not doing… However, it is clear that her main argument rests upon two conclusions: (1) Colombia is unable to prosecute domestically; and (2) Colombia is unwilling to do so (and by saying “unwilling” she actually accuses the State of bad faith when implementing...01 Apr HILJ Online Symposium: Justifying Unfriendly Unilateralism
...within those areas. The difficulty is that distributive tension as to the preferred legal rule will almost always exist in situations in which states are unable to agree through collective procedures on how to modify the law. As a normative matter, how does one decide who should benefit from unilateralism and who should lose from it? This difficulty is perhaps most obvious in the security context, where changes in legal rules can have major negative implications for some states. For example, the Reagan administration unilaterally interpreted the Anti-Ballistic Missile Treaty...