Search: unwilling or unable
30 Aug Symposium on Myanmar and International Indifference: The Slow Turning Wheels of Justice – Even for Genocide
...are not deterred from committing atrocity crimes. In terms of state accountability, as much as we respect and rely on the ICJ, we know that states are able to blatantly ignore rulings of the ICJ, without repercussions. Even if the UN Security Council received a request to enforce an ICJ ruling against Myanmar, a judgement enforcement resolution is unlikely to pass, as history to date has demonstrated, with China unwilling to pass a resolution triggering action against Myanmar. Thus, Myanmar can actively participate in the ICJ case, while knowing that...22 Jun CFR Report on Challenges for a Postelection Mexico
...migration agreement with Mexico. Determining how to control its borders is an internal U.S. policy decision and one that U.S. citizens and their representatives are currently unwilling to share with their southern neighbor. The U.S. Congress must realize that there is no quick fix to illegal migration. It is logistically impossible to forcibly remove a significant number of the 6 million plus Mexicans living illegally in the United States. If the United States is serious about reducing migration from Mexico, it should help Mexico create the 500,000 new jobs each...29 Oct An (Unbiased) Perspective on Giving Dr. Karadzic More Time
...prepared, not simply grandstanding, would do wonders for the trial’s ultimate legitimacy. Unfortunately, the Trial Chamber seems completely unwilling to even sit down with Dr. Karadzic to see if a compromise can be reached. That doesn’t make sense, given that any decent appointed counsel will ask for at least six months to prepare for trial. The only explanation I can see is that the Trial Chamber thinks it can find a barrister who — motivated by the desire for publicity, not concern for Dr. Karadzic’s rights — will be willing...18 Feb Americans’ Support for UN is Falling
...ambivilance Americans have always had of their proper relationship with international institutions. I’ve been reading Margaret MacMillan’s Paris 1919: Six Months that Changed the World, an account of the 1919 Paris Peace Conference, and it is striking to read about Woodrow Wilson’s insistence on establishing a League of Nations, even before coming to terms with Germany, as well as his micro-management of the details of the League’s establishment. Having then pushed everyone else into accepting the League, he went home and found the Senate and the nation unwilling and uninterested....06 Sep A Tale of Two Hamdans
...strong parallel to what the Supreme Court did in the Hamdan case, what it would be likely to do with regard to electronic eavesdropping. The reason is, in Hamdan the Supreme Court said there is statutory and treaty provisions on point…. The Court was unwilling to regard the general authorization of use of military force as enough. Well, now view these in the context of electronic eavesdropping…. So what does the executive claim here as to how it could violate the law? Two things. One is inherent presidential power –...08 Dec African Withdrawals Mask the Real Issue at the Assembly of States Parties 15
...allowed the OTP to open their 2016 investigation into Georgia (p10), a cost now incorporated into the 2017 budget; but at €7,000,000 (p169), the contingency fund is not designed to cover the costs of entire unplanned investigations. In closing, and to use the United Kingdom as but just one example, the opening and closing lines of their general debate address highlights the point that States more than ever are unwilling to back up their rhetoric with adequate financial support.continued support for, and commitment to the International Criminal Court’, only to...
26 Jan Open-Source Digital Evidence in International Criminal Cases: A Way Forward in Ensuring Accountability for Core Crimes?
[Konstantina Stavrou is a researcher and PhD candidate at the Ludwig Boltzmann Institute of Fundamental and Human Rights in Vienna.] Introduction Seventy-five years after the initiation of the first international criminal trials for the atrocities committed amid the Second World War, the fight against impunity continues. Over recent years, core international crimes, encompassing genocide, war crimes, crimes against humanity, and the crime of aggression, are being perpetrated across the globe, including for instance in Syria and Myanmar. In the majority of cases, governments appear unable or unwilling to investigate the...23 Dec Separation of Powers and the War on Terror
...Intelligence Surveillance Act (FISA). Similarly, in Europe, the European Parliament has announced its own investigation into allegations that the United States operated secret prisons in EU Member States for high-value terrorism suspects. Of course, the Executive continues to have considerable authority both here and abroad when it comes to issues involving foreign affairs. In the Hassan case, for example, the Italian Government appears unwilling to request the extradition of the 22 suspects, notwithstanding the judge’s arrest warrants. And in the Padilla case, the Executive Branch hinted that it might go...22 Apr Do Pirates Have a Right of Parlay?
...also relying on implementing legislation for the Maritime Safety Convention, 18 USC 2280). Conflicting accounts exist over Muse’s age (the judge rejected defense claims that he’s 15) and his role in seizing the U.S. vessel (i.e., Muse was either the brazen leader or an unwilling accomplice forced to participate in the attack). I suspect both issues will continue to draw attention if Muse’s case proceeds to trial. But, for international lawyers the most interesting questions involve the defense’s apparent invocation of the Geneva Conventions. It’s unclear whether and how Muse...16 Feb Guest Post: UN Peacekeepers and Sexual Exploitation and Abuse
...almost 400 allegations, we have dropped to under 100 allegations per year. Yet this is still far too many. The UN has been unwilling to rock the boat of sending states’ generosity, in case the UN is no longer able to procure enough personnel for missions. Missions are already understaffed (and under resourced). However, without proper vetting from sending states, the UN tendency to take whoever they can get it is jeopardising mission success. SEA breaches the trust between host communities and peacekeepers, which creates insecurity and uncertainty in which...