Search: unwilling or unable
27 Aug The Cartagena Declaration and the Venezuelan Refugee Crisis
...failing Venezuelans. Thus, the countries facing the largest numbers of refugees have so far been unwilling to manage the crisis through the lens of refugee and asylum law, choosing instead to handle it through unilateral, temporary, ad hoc mechanisms. In addition to policy considerations, another reason for this is administrative backlog. Immigration bureaucracies claim to be unable to handle the current massive inflow of Venezuelan nationals through anything other than temporary administrative permits. In Colombia, the “PEP-RAMV”, (the acronym for “Special Permanency Permit of the Administrative Registry of Venezuelan Migrants”),...
13 Aug Why the Executive Order on the ICC is Unconstitutional and Self-Defeating
...hopefully, never will. Listed individuals would have their US-based assets frozen and would be denied entry to the United States. Second, it prohibits the provision of funds, goods or services to anyone designated as subject to the EO’s sanctions. This provision doesn’t apply only to foreign nationals. Listed individuals would be unable to maintain a bank account, fly on an airplane, or shop in a supermarket, because the banks, airlines and supermarkets that serve them would themselves be subject to punishment. Buying the ICC Prosecutor a cup of coffee could...
23 Sep South-South Justice for Colombian Victims? Shedding Light on the (Limited) Potential of Universal Jurisdiction in Argentina
...that there were reasonable grounds to believe that ‘false positives’ could amount to crimes against humanity of murder and enforced disappearance and prioritized these crimes to continue its complementarity assessment. The assessment was concluded in 2021, when the OTP decided to close the preliminary examination arguing that Colombian authorities were “neither inactive, unwilling nor unable to genuinely investigate and prosecute Rome Statute crimes.” This despite the fact that human rights organizations had expressed their criticism of the results that the Colombian government presented to the OTP, including the lack of...
02 Nov The Unexpected Trade and Business Implications of Israel’s Attack on Al Haq
...often incapable or unwilling to admit their own human rights impacts, so having an independent assessment of what is happening on the ground is necessary for due diligence to be effective. A trusted and effective civil society provides valuable data for human rights due diligence. Adequate and effective due diligence under the ATT and the UNGPs requires a specific ecosystem. A free and competent civil society, capable of raising the alarm over IHRL and IHL violations, is a necessary component of that ecosystem. Their reporting helps highlight areas of concern....
01 May Beyond Containment – Confronting Racial Hierarchies in International Law: The Slow and Benevolent Violence of International Law – An Oceanian Perspective
...Papua, and their support for the US-Israel-led Zionist entity at the General Assembly during its livestreamed genocide in Palestine and the wider region – while simultaneously advocating for human rights, like the right to self-determination, in the ICJ climate change proceedings. These contradictory positions are not only nonsensical but are actively opposed by decolonial feminist movements in Oceania who understand the deep interconnections between Oceanian and Palestinian struggles against empire. My suggestion then is, if nation-states and regional organizations in Oceania are unwilling to resist against the violence of international...14 Apr The Non-Debate on Bolton
...Bolton have refused largely to attack him on policy grounds by, say, criticizing his opposition to the ICC, as Bill Kristol notes here, even though this seems to be the real basis for opposition. Instead, the critics have been scrounging up so-called Republicans like Carl Ford (who donate to Kerry and work for Democrats) to dish dirt on Bolton’s management style. This is a classic Washington tactic but it also reveals how opponents of Bolton have been largely unable (or unwilling) to gain traction by exposing his supposedly far-right views....30 May Law of the Sea Symposium: Ilias Plakokefalos Comments on Anastasia Telesetsky’s post
...the negative. While the oil pollution system works rather efficiently, although not without problems, it seems that states have managed to deflect the discussion from their own responsibility on most other issues. If states had sought to tackle the problem of pollution or IUU directly, they would have to accept a number of obligations, and they seem unwilling to do so. In any case, I concur that clarification of the obligations of flag states and consequently their more ready exposure to responsibility claims is a step in the right direction....
26 Jul Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – Closing the Impunity Gap: The Prospects and Potential of the Ljubljana-The Hague Convention
...corresponding domestic laws, legal complexities or barriers typically arise. Many countries are unwilling to extradite individuals for crimes under international law not recognized as offenses in their own legal systems. Where countries are willing to cooperate, for example on the basis of an existing bilateral mutual legal assistance treaty, evaluations take place on a case-by-case basis, typically requiring the presentation of persuasive legal arguments and substantial evidence to the requested State, itself an extremely lengthy and burdensome process with an uncertain outcome. So while traditional mutual legal assistance treaties do...
21 Mar The Turkey Tribunal’s Long Shot: Stretching Territorial Jurisdiction and Disregarding Positive Complementarity Options (Part I)
...the ICC’s Jurisdiction to Cover a Non-State Party The ICC OTP proceeds with a preliminary examination when four criteria are met: (1) when there is temporal, territorial and material jurisdiction over the alleged facts; (2) when the case is admissible since the state(s) are unwilling and unable to genuinely investigate and prosecute (the complementarity assessment); (3) when the case is admissible since it is sufficiently grave (the gravity assessment) and (4) when there is no substantial reason to believe that an investigation would not serve the interests of justice. In...