Search: unwilling or unable
03 Oct The Agreement Between the UK and France on the Prevention of Dangerous Journeys
...unable or unwilling to provide satisfactory evidence of identity and nationality. If determined to attempt travel to the UK those persons will provide a substantial continuing market for the organised criminals behind Channel crossings. Conclusion In light of the practical considerations above, it remains an open question whether the scheme put in place by the Agreement will in the short term allow the UK and French authorities to provide a significant deterrent to irregular journeys across the Channel. If it does not, and these continue at a high level, the...
18 Dec The ICC Prosecutor Office’s Cop-Out on UK Military Crimes in Iraq
...reports, government statements and reports, and British press articles. The Office in 2014 reopened a preliminary examination into war crimes allegedly committed by UK nationals in Iraq that it had closed in 2006. At the ICC, preliminary examinations are conducted by the OTP to determine whether formal ICC investigations are warranted under the court’s treaty, the Rome Statute. The prosecutor’s office decided to not to seek to proceed to an investigation on the basis that there is insufficient evidence that the UK is unwilling genuinely to investigate and prosecute the...
09 Apr ICC Prosecutor Symposium: The Next ICC Prosecutor Should Resolutely Hold the Most Powerful to Account
...Afghanistan situation who had no other recourse to justice. The judges’ logic also appeared to require guarantees of cooperation that, if the court followed the same requirement in future cases, would preclude ICC investigations elsewhere. Resting on questionable legal grounds and against the backdrop of US pressure, the decision further gave rise to damaging perceptions that the court was unwilling to defend its own independence. The appeal chamber’s reversal on March 5, by contrast, is a powerful vindication of maintaining the Rome Statute’s highest ambitions. Justice is a long game...
01 Oct Prosecutor De-Prioritizes ICC Investigation of US Torture Program
...sanctions (i.e., the Prosecutor could move forward without fear of punitive retaliation), he declines to do so. That he is a UK national (with the UK having escaped its own ICC investigation moving forward) only compounds the problematic optics. Another problem is that although the US has very “able” courts, it has proven itself almost entirely “unwilling” to prosecute those implicated in the extensive torture program—which ranged from Abu Ghraib prison in Iraq, to Afghanistan, to “secret prisons” in various countries that held “high level” CIA detainees (documented by the...03 Oct Kiobel Roundtable: The Devil in the Details
...certain violent conduct and require that states punish those who violate the norms. When the state where the abuses occurred is able and willing to fulfill its obligation to hold perpetrators accountable, there is no need for a foreign forum. As noted at the argument, however, that state is often unable or unwilling to provide a forum. And, even when those courts are ready and able, the home state may not have jurisdiction over the person responsible. The claims against Ferdinand Marcos, for example, were filed when he was living...
25 Jul A Historic Chance Missed: Harmonization of the ICC’s Jurisdiction over the Crime of Aggression Delayed Once More
...be adopted at the Special Session. With more than 20 States Parties absent, reaching the two-thirds majority required for adoption under Article 121(3) of the Rome Statute would have been difficult. In addition, many States Parties were unwilling to break consensus. Nonetheless, the resolution adopted during the final plenary meeting includes several elements that can be considered a significant step towards harmonization – especially when compared to the earlier draft resolution introduced by France and others, which seemed to be aimed at indefinitely stalling the process (see above). First, the...
20 Feb Why Aren’t We Talking About Sri Lanka Anymore? “Sri Lanka Solution” Followers Face Justice, but Not Sri Lanka
...genocidal Sri Lanka, respectively found reasonable grounds that Israel was committing genocide and Israel’s actions to be “consistent with the characteristics of genocide.” The UN commission of inquiry on Palestine concluded on reasonable grounds (para. 7) that Israel was committing genocide. International human rights organizations, generally unwilling to apply the label before a judicial determination, concluded “genocide” or at least “acts of genocide.” Shifting Priorities and an Unfounded Faith in Sri Lanka International politics and relations are, of course, at the core of international actions and omissions. But there are...04 Nov Where Have I Seen the NYT’s Detainee Data Project Before …? And Is the Times Implying that It’s Okay to Hold Some Detainees Without Trial?
...when, and when not, an actual trial takes place. The human rights organizations and their allies, unwilling to embarrass the Obama administration, and eager to avoid anything that might lead, as a formal legal doctrine legitimized by a liberal Democratic administration and Congress, to the creation of a genuine preventive detention arrangement, will object, but only pro forma. The Republicans won’t challenge anything that keeps the worst risks in custody. How that will go with the lawyers representing individual detainees, I don’t know. But that’s my guess for how it...