Search: unwilling or unable
05 Mar AG Holder’s National Security Speech – Text
...wherever we want. International legal principles, including respect for another nation’s sovereignty, constrain our ability to act unilaterally. But the use of force in foreign territory would be consistent with these international legal principles if conducted, for example, with the consent of the nation involved – or after a determination that the nation is unable or unwilling to deal effectively with a threat to the United States. Furthermore, it is entirely lawful – under both United States law and applicable law of war principles – to target specific senior operational...28 Jul Guest Post: David J. R. Frakt on the Al-Bahlul Amicus Brief
...decision, I announced that “I will be joining Mr. Bahlul’s boycott of the proceedings sitting silently at the table.” (Tr. 213). Unable to represent himself and unwilling to be represented by a U.S. military officer, someone whom he considered to be an enemy, Mr. Al Bahlul mounted no defense. (He did offer a few remarks in the pre-sentencing portion of the trial after he had already been convicted.) Regarding the specific comments made by Mr. Al Bahlul which the amicus brief asserts were made by him “acting as his own...28 Nov Gareth Evans on the “Dogs that Don’t Bark”: Are regional and international peacekeeping efforts reducing the incidence of war?
...this formulation implies that the primary responsibility rests with the state concerned. Only if that state is unable or unwilling to fulfill its responsibility to protect, or is itself the interpetrator, should the international community take the responsibility to act in its place. Third, the “responsibility to protect” is an umbrella concept, embracing not just the “responsibility to react” but the “responsibility to prevent” and the “responsibility to rebuild” as well. Both of these dimensions have been much neglected in the traditional humanitarian-intervention debate. Bringing them back to center stage...17 May Rwandan Human Rights Activist Accused of Genocide
...rapist was the presiding judge of a local gacaca court. After Turengere Abana commenced its investigations, the presiding judge from the local gacaca court issued a summons to François-Xavier Byuma. The gacaca court is part of a nationwide community-based justice system intended to try suspects of the 1994 genocide. The gacaca court, in the Bilyogo secteur (district) of the capital, Kigali, did not specify the charges against François-Xavier Byuma in the summons, which he received on 3 May. He is thus unable to prepare a defence. The trial was originally...07 Sep Syria Insta-Symposium: Geoff Corn–The President, Congress, Syria: What If?
[Geoffrey Corn is the Presidential Research Professor of Law at South Texas College of Law in Houston. His prior articles addressing war powers include: 1, 2, 3.] It seems almost abundantly clear that President Obama has resolved the question of “what if” the United Nations Security Council is unwilling to authorize military action against Syria for use of chemical weapons. The U.S. will act without such authorization, unilaterally if necessary. Why? Well, we know there are numerous overt and sub rosa motives being discussed, but ultimately because of a U.S....
19 May Symposium on Systemic Racism and Sexism in Legal Academia: Racial Hierarchies and the Internationalization of Southern Law Schools
...academic experience related to the subject, I can attest that I had to step up to deliver what my co-teacher was unable or unwilling to: from re-teaching lessons allocated to them, setting examination questions, and completing the majority of grading and administrative tasks. Other Indian faculty members I spoke to had more concerning experiences in the co-teaching system. Despite being in junior positions, they conducted up to 80% of the lectures, and received negative student feedback when international faculty failed to submit final grades on time. Such experiences might be...09 Jul Concluding Post on Making Sense of Customary International Law
...jurisdiction over heads of state, that position is, for the ICC’s purposes, CIL. It is CIL in the ICC, even though other actors in other settings reject it. When the Dutch and UK governments use the unable-or-unwilling position to explain to their national parliaments that the anti-ISIS operation in Syria is internationally lawful, that position has CIL effect. And so on down the line. The point is that this contingent, variable, and still contestable normative material is a kind of CIL. Or at least: in the settings in which it...16 Nov Responsibility of International Organizations – The Problem of Attribution
...itself actually responsible? On the other hand, states create IOs precisely in order to shift responsibility for actions they are unable or unwilling to take on themselves. On this view, to pierce the IOs’ veil regularly might well cause states to cut back on or even cease their support for the organizations. Whichever one of these viewpoints one accepts, the question of attribution drives the claim. Perhaps the most immediate reason attribution has become a hot topic is that it lies at the heart of the European Court of Human...
17 Feb Symposium on Rewriting Histories of the Use of Force: The Natural Law Past and Future of the Prohibition on the Use of Force
...one attempt after another has been made to improve them and the positive law against war. The Kellogg-Briand Pact improved on the League Covenant. The effort was repeated with the United Nations and the Charter. Without natural law, however, the notion took hold that the prohibition on force could be changed like any other rule of positive law with changing state practice and declarations of opinio juris. Consider the attempt to justify the use of force by claiming that a state “unable or unwilling” to comply with another state’s will,...
06 Aug Standing with Afghanistan: Women’s Rights and the Role of International Law
...inadmissible where it is being investigated or prosecuted by a State which has jurisdiction over it unless the State is “unwilling or unable genuinely” to carry out the investigation or prosecution. State Parties retain the primary responsibility to investigate and prosecute crimes falling under the jurisdiction of the Court. The ICC only deals with cases under very limited circumstances. This is to ensure accused persons are not subject to double jeopardy for the same alleged crime, to prioritise national sovereignty in the exercise of criminal prosecution including for the most...