Search: unwilling or unable
15 Oct Standards of Delivery: On the OTP’s Continuing Questionable Complementarity Standards in the Situation in Libya for Crimes Against Migrants
...to the impunity for such crimes. Indeed, the OTP cannot prosecute all crimes committed everywhere. Still, it has not brought forward any comprehensible reason why the crimes against Libyans committed during the conflict and the crimes against migrants should be treated distinctively. If the Libyan authorities were willing and able to prosecute crimes against migrants adequately, it is not convincing why they should not be genuinely able to prosecute conflict-related crimes. And suppose they are unwilling or unable to prosecute the conflict-related crimes against Libyans, resulting in admissibility before the...24 May One of the Things We Learned About Targeting
...United States can strike when the host state is “unwilling or unable” to act, but that requirement comes in addition to, not instead of, the “no other reasonable alternatives” requirement. On imminence, it is still not entirely clear, but there are several reasons why the fact sheet version of the test is more reassuring than the previously leaked DOJ White Paper’s version (which, unhelpfully, addressed the concept of imminence only in the context of its U.S. constitutional due process analysis). For one thing, the White Paper repeatedly insisted it was...09 Aug A Business and Human Rights Treaty: The Risks of Human Rights Counter-Diplomacy
...trading, with some countries willing to negotiate the selection of certain members to undermine the independence of such bodies; seeking to select members that are less harsh with certain governments. A clear consequence of ill selection of treaty bodies members is the tremendously vague concluding observations that they often produce, which arises from the political bias of its members, who are unwilling to provide more specific recommendations as to not publicly shame a particular country. Draft zero, nevertheless, does not provide a clearer language that could potentially overcome some of...
05 Apr Crimea: Key to Ending War in Ukraine
...not be admitted to university in Moscow. The Ukraine government understood a need to accommodate the Russians of Crimea but was unwilling to give up too much control. The CSCE thought it might help to draw middle-level officials from the two sides into an extended discussion session so that each side could hear the point of view of the other. A neutral setting was suggested, and the Swiss Government offered to host. My colleagues and I organized a two-day session in Locarno, a session that was held in a spirit...03 Feb Event: Australia, Refugees, and International Criminal Law (February 13)
...by the Stanford International Human Rights Clinic and the Global Legal Action Network (GLAN). Refugees and asylum seekers are currently under attack in many developed countries, including in European states, the US, and Australia. International criminal law has developed around the need for international institutions to intervene on behalf of the most vulnerable populations, when states are unwilling or unable to do so. Can international criminal prosecution help counter the current encroachment upon refugee rights? Currently, the most flagrant examples of such encroachment are Australian practices, which have also served...
25 Jul All Roads Lead to Rome: Strengthening Domestic Prosecutions of Businesses through the Inclusion of Corporate Liability in the Rome Statute
...First, an increased use of universal jurisdiction to crimes committed extraterritorially. Although this would revive critiques of imperialism and neo-colonial assertion of jurisdiction (see Bernaz 2013), it could also provide a desperately needed forum for international justice in cases where global institutions are unwilling or unable to act (see e.g. the uptick in universal jurisdiction cases concerning Syria). This would then be strengthened by practical developments such as the rise of domestic investigations into international crimes, the establishment of specialised national war crimes units across Europe and North America, or...09 Aug Emerging Voices: Piracy vs. Core Crimes–Assessing the Consequences of the Juxtaposition between Transnational and International Crimes
...definition a “de-nationalised area” falling outside the territorial jurisdiction of any state. From these features follows a divergence in the reasons allowing a culture of impunity to persist. Core crimes go unpunished because the very state in which they are committed is, for reasons of complicity, unwilling to prosecute them. By contrast, piratical acts escape prosecution because of the practical impossibility of grounding jurisdiction on the territorial, active personality or – although the UNCLOS is silent on this matter – flag state principle. Impunity stems from the locus comissi delicti...14 Feb RIP Justice Antonin Scalia: The Misunderstood Internationalist
...out in a post back in 2007, Justice Scalia was not unwilling to interpret statutes to conform to international law or treaties, nor was he unwilling to rely upon foreign judicial opinions interpreting international treaties. He did not think foreign judicial decisions or international law was irrelevant or meaningless. He simply objected, on grounds of intellectual consistency, to using those sources when interpreting the U.S. Constitution. I did not agree with Scalia on every constitutional question. And no doubt he should take his lumps for mistakes he may have made....24 Mar Weekend Roundup: March 17-23, 2012
...for Chevron which prompted him to write an open letter to the human rights community questioning whether the ends justify the means. The post attracted a lot of comments as well as a response by Kevin Heller. In other posts, Kevin Heller found Jack Goldsmith’s admission in a Foreign Policy editorial that the “unwilling or unable”-test for self-defence against a non-state actors is not “settled in international law” refreshing. Roger Alford posted on the broken windows theory of corruption and Ken Anderson posted on how to declare war, Joan of...06 Apr Book Symposium: Is there Existential Interpretation in International Law?
...the object and purpose of the ICCPR? For purposes of identifying customary international law, is evidence of “State practice” only comprised of what States “do” or can it also count what States “say”? Is there an “unwilling or unable” test in the jus ad bellum in response to non-State actor attacks? Is R2P now a part of international law? Is the new Iran Deal a treaty or not? Are decisions of international organizations a separate source of international law? These are all examples of existential interpretative inquiries. My chapter seeks...