Search: unwilling or unable
01 Jun An Alternative Justification for Israel’s Attacks on Hezbollah in Syria
...with which the host state is in a state of war, especially when the group shares host state objectives in regard to the other state (i.e., the destruction of Israel), neither the host state nor the terrorist group can expect that the other state will not attack the terrorist group in self-defense – preemptive or not – on the host state’s territory. An attack on the terrorist group in the unaffiliated host state’s territory by the second state will not constitute an application of the controversial “unable or unwilling” standard...11 Sep Philip Bobbitt and John Danforth Pose the Questions of Security to the Two Presidential Campaigns
...see the original for full context): 1. Would you launch large-scale armed attacks against terrorists in Pakistan if the new government there is unwilling – or unable – to suppress these groups and refuses to give United States forces permission to act? 2. Are you prepared to announce the rules for American intervention for humanitarian purposes and, if so, what would those rules be … should the United States defer to the United Nations … even when they are deadlocked and unable to act? 3. How long should American troops...
22 Mar Biden’s Proposed Asylum Policy does not Fulfill U.S. Treaty Obligations
...but it violates the U.S.’s international obligations, which include the 1951 Refugee Convention and its 1967 Protocol. Biden’s proposed policy is illegal under international law because it disregards the legal definition of a refugee and the U.S. commitment to the principle of non-refoulement. According to the Convention, a refugee is “someone who is unable or unwilling to return to their country of origin, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.” The 1980 Refugee Act,...08 Mar John Tobin Reflects on Panel 2
...worth noting that if this proposition is correct, namely that refugee status can be granted in the absence of a human rights violation, it may be more appropriate to talk of persecution in terms of a serious interference with a human right as opposed to a violation of a human right in circumstances where a state is unable or unwilling to protect against this interference. 10 For example the preamble to the UDHR refers to fundamental human rights and the preamble to the Refugee Convention refers to the UDHR, which...04 Mar Tracking State Reactions to Russia’s Invasion of Ukraine: A Resource for Research
...and it was unable to convey the varied set of statements being produced. Given the gravity of the situation, I decided to discontinue the thread and do something a little bit more systematic. This post contains the result of this work: a chart containing all the statements I have been able to track, by state, date, and forum, as well as a map. The methodology is straight forward. I focused on statements by the head of government, ministry of foreign affairs or representatives at the UNSC and UNGA as of...
10 Jun Are the Oslo Accords Still Valid? For the ICC and Palestine, It Should Not Matter
...granted Israel, inter alia, exclusive criminal jurisdiction over acts committed by Israelis in the occupied Palestinian territory (oPt). Several commentators have argued that, for this reason, the Oslo Accords effectively prevented Palestinians from delegating such powers to the ICC, since Palestinians had already delegated this authority to Israel and were unable to exercise such jurisdiction themselves. In a previous article, I argued that the Oslo Accords could not have barred the ICC’s jurisdiction in Palestine because: 1) the Oslo Accords did not strip Palestinians of their prescriptive jurisdiction over acts...
29 Apr Symposium on Boyd van Dijk’s Preparing for War: Boyd van Dijk’s Response
...Conventions of 1949 – represents one of the most remarkable moments in the history of international law, with its breathtaking ambition of humanizing warfare on a truly international scale. And it took place in a uniquely hostile geopolitical environment, with old wars ending, new wars starting, and preparations for future wars ongoing. I am unable to address all of the contributors’ questions, and I cannot do full justice to their incisive thinking. But I will try to focus on three issues based on their different observations: clarifying the book’s overarching...18 Nov Thoughts on the Baffling Comoros Declination
..."unable" to genuinely prosecute if it cannot get its hands on the perpetrators. (Which the OTP has acknowledged in the Libyan context.) Eugene Kontorovich Kevin, the question is, do we really know if Turkey is unable? Is it really like Libya, where the gov't is probably unable to turn on a streetlight, let alone conduct a criminal process? That is, shouldn't we first wait for Turkey to exhaust the resources at their disposal: get convictions, demand extradition, ask for int'l arrest warrants, do a little more? That is to say,...04 Mar Libya Admits (Again) It Should Lose Its Admissibility Challenge
...17(3) of the Rome Statute, which provides that “[i]n order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.” Libya admits that it has yet to obtain Saif — “efforts to arrange his transfer to a detention facility in Tripoli are ongoing.” And that failure is due to the unavailability of...22 Sep failure of states as a continuum
...worsening conditions is making them already now progressively unable to comply with their domestic and international obligations. Nauru, for example, is constantly on the verge of bankruptcy and is unable to provide basic services to its (admittedly small) population or to comply with its financial obligations at the international level. At the same time, the failure of states such as those I just mentioned does not pose a credible threat to international security or other fundamental interests of the international community. Would Chiara include this category of failed states into...