Search: unwilling or unable
23 Feb Is Libya “Able” to Obtain Saif?
As I have explained before, Libya’s admissibility challenge must fail if it cannot ensure that the militia in Zintan who have Saif custody will transfer him to the government to stand trial, because Art. 17(3) of the Rome Statute deems a state “unable” to prosecute if, “due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused.” A state’s inability to apply its criminal law to all of its territory is the prototypical example of “unavailability.” Moreover, in a...
09 Oct ‘Grading’ the Nominees for the International Criminal Court Judges Election 2021-2030: The Report of the Advisory Committee on Nomination of Judges—Part II
...records. Consequently, the Committee was unable to determine whether all the nominees have a clean criminal record. In this event, it would perhaps have been wise for the Committee to add a caveat to its conclusions on the nominees affected, for instance by noting that its conclusions are tentative, subject to the nominating states or the nominees themselves producing their criminal records. As the Committee recommends, it would be useful ‘that for future nominations, as a contribution to facilitate the vetting process, the material submitted with the nomination should include...18 Dec New Report on Fraud and Mismanagement in UN Peacekeeping
...company, Skylink Aviation, secure a multimillion-dollar contract to lease two MI-26 Peruvian government helicopters for the U.N. mission in East Timor. The task force has been unable to prove that Toh accepted bribes, but it says it cannot close the case until it gets access to Skylink’s Swiss bank account used in the helicopter deal. Toh was recently demoted, fined two months’ pay, and charged with misconduct for not fully cooperating with investigators and not complying with an obligation to disclose all of his financial holdings. “They have taken 22...
24 Feb UN Sanctions on Iran: Back in Force or Gone for Good?
...can block any decision by lodging an objection. Even the agenda of any session must be adopted by consensus based on paragraph 11 of the Guidelines of the Committee. As a result, the Committee would be unable to designate any new entity, address the potential violation of sanctions by states and entities or effectively monitor the enforcement of sanctions. Another relevant point concerns the Panel of Experts (established by resolution 1929), which was created to assist the Committee in carrying out its tasks, including gathering and analyzing information on the...
12 Feb Coppin v. Ireland: Depressing Conservatism from the UN Committee Against Torture
...short a criminal investigation because an alleged religious perpetrator had already died. Mrs. Coppin told the Committee that the State’s indifference means that she has been unable to address the continuing trauma responses produced by her experiences in the Magdalen laundries. She experiences the State’s dismissal of her claims as a continuing abuse. In Concluding Observations on Ireland, the UNCAT has in 2011 and 2017 held that Ireland has not conducted an independent, thorough and effective investigation into allegations of ill-treatement in the laundries, or sought to punish the perpetrators....
01 Feb Reproductive Violence in Palestine: The Need for a Feminist Approach to Justice
...and children –– including new born babies –– are particularly impacted by displacement and lack of access to food, water, shelter, clothes, hygiene, sanitation, and health services, with an estimated 5,500 pregnant women in Gaza giving birth each month in unsafe conditions (Application, para. 96); due to a lack of medical supplies, pregnant women are being subjected to caesareans without anaesthetic and doctors have been forced to perform ordinarily unnecessary hysterectomies on young women in an attempt to save their lives, leaving them unable to have more children (Application, paras...
29 Oct Trafficking in Persons – the Forgotten International Crime? – Part II
...is legally tenable. In the course of the prolonged conflict between the LRA and the Ugandan armed forces, hundreds of thousands of civilians were displaced into IDP camps. While these were mostly disbanded by 2008, many people were unable to move back to their home villages, with disputes over land ownership and boundaries becoming a primary conflict driver across northern Uganda. This has resulted in widespread forced migration of young people now deprived of access to land. Consequently, it is arguable that where a person has been previously displaced or...
13 Aug Lessons from and for Syria: The Authenticity of Digital Evidence in Court
...Procedure and Evidence. These include independent expert reports to rely on videos published via Facebook, as seen in Al-Werfalli (see para. 18 in particular), and geolocation techniques to confirm the location of incidents through satellite imagery, as in the Al-Mahdi case. The Trial Chamber in Ntaganda declined to admit a video where the prosecution was unable to provide information as to the date and time the video was shot (para. 63), the Chamber noting that if the tendering party is “unable to demonstrate its relevance and probative value, including with...27 Jun Admissibility Challenge in The Prosecutor v. Saif Al-Islam Gaddafi: Take Two
...challenge. In 2013 the ICC declared the case admissible. The Pre-Trial Chamber found that Libya had failed to show that it was investigating the ‘same case’: Libya failed to produce sufficient evidence to show that it was investigating the same conduct as the conduct underlying the charges in the ICC case. The Pre-Trial Chamber further concluded that Libya was unable genuinely to investigate and prosecute the case because of unavailability of its judicial system. Libya ‘faced substantial difficulties in exercising its judicial power over the entire of its territory’. As...
01 Sep The European Union Human Rights Sanctions Regime and its Applicability to the Situation in Gaza and the West Bank in Accordance with International Law
...unable to agree on sanctions measures to address the situation in Gaza and the West Bank. International law demands intervention by the international community and time is running out to save the lives of civilians. When will measures in accordance with international law be taken? Sanctions in International law ‘Sanctions’ are not defined in international law nor does the term appear in the United Nations Charter. Measures adopted as sanctions can range from trade sanctions, arms embargoes, asset freezes and travel bans. The diverse justifications and complex contexts in which...