In association with the International Commission of Jurists

Search: unwilling or unable

03 Jun

...from all parties to the armed conflict in South Sudan who have committed war crimes. However, the practicability of war crimes prosecutions by national courts in Kenya and Uganda of suspected South Sudanese war criminals under the current circumstance is less promising. For one, it is highly likely that the government of South Sudan will be unwilling to assist in war crimes investigations, particularly where such assistance may implicate members of its armed forces. Another difficulty that Dr Mutuma identifies in the case of Kenya is the lack of a...
03.06.21 | |

02 Aug

...the perpetrator or State in which the crimes were committed but, duty-bearers are usually unwilling to provide reparations. In such cases, it often falls to other States and humanitarian agencies to provide life-saving support to victims. While this is important and commendable, such assistance is often insufficient and does not amount to adequate and effective reparations for the harm caused. Humanitarian relief also lacks the acknowledgement dimension of reparations. Meanwhile, perpetrators of the most serious international crimes often benefit from war or corrupt economies and accumulate significant wealth which they...
02.08.23 | and |

06 Nov

...rather than later would have made any difference in terms of the availability of cooperation. As others note, Burundi would likely be unwilling to cooperate with the Court even if it were under an obligation to do so. But it does matter, both legally and symbolically. If the investigation had been commenced before 27 October 2017, the Court would have been legally entitled to demand cooperation from the former State Party in connection with the investigation, possibly also giving it a stronger leverage with actors capable of inducing cooperation politically....
06.11.17 | |

07 Mar

...not just the Obama administration.]) Do it ‘not-openly’, and of course it will be known that the US is taking part, deniably rather than covertly. In that case, you send still other signals — some of them, depending upon how conveyed, might be understood that the US being unwilling to act openly without SC approval. Alternatively, this might be read as signaling that the US is willing to be much more assertively “realpolitik” in the sense of being willing to rely on “deniability” while using force not just against non-state...
07.03.11 | |

01 Sep

...unilateral presidential intervention. Other examples one might recall – Reagan in Libya, Clinton in Sudan and Afghanistan – fall I think more evidently into the category of national self defense – a category of justification for unilateral presidential action I do not see as touched at all by President Obama’s decision to go to Congress here. A better, and much more challenging, example is something like NATO intervention in Kosovo – where the humanitarian situation was horrifying, rapidly worsening, and the UN Security Council unwilling to act. There, the Clinton...
01.09.13 | |

15 Jun

...such arbitrary power, vesting the government with a degree of discretion that the Court was unwilling to permit. Thus, it is this full spectrum of protections for POWs – including a more limited definition of that term – that in my opinion would provide the “process” that Justice Kennedy suggested could obviate the need for judicial review. So it seems that because the designation of enemy combatant has been used for individuals far removed from the “core” meaning of that term (captured on the battlefield after engaging in hostilities against...
15.06.08 | |

04 Oct

...of the legal order is more constraining than the capability and willingness to apply human rights treaties and/or to interpret investment treaties in the light of other applicable rules. This being said it is important to train lawyers and to appoint judges and arbitrators who are able to understand treaties from various specific areas of law – it is no longer acceptable that lawyers focus on their area of expertise and thereby come to wrong decisions because they are incapable or unwilling to look beyond their narrow area of expertise....
04.10.13 | |

31 May

...in Kirkuk are related to government confiscation of land for public works. The study also found that most Arabs never made attempts to legally claim land in the area. These findings challenge the assumption that tensions over property are the main obstacle to return of IDPs in Kirkuk. The international community has been largely unwilling to support the return process in Kirkuk, in fear that assisting returnees would exacerbate ethnic tensions. The study may indicate a need to revise this approach (Sacco, 19 May 2006). In March 2006, a new...
31.05.06 | |

11 Aug

...appear to trust national governments and is unwilling to afford them any flexibility in the interpretation and application of their human rights obligations. The fact that the IACHR sees itself as capable of occupying this position of authority – with vague normative foundations in the American Convention of Human Rights – also points to its limited accountability. Whether the weakness of the IACHR is best addressed by an attempt to strengthen its grip over those that defy it is a difficult question. For its part, the ECHR reliance on the...
11.08.14 | |

06 Dec

...begin until 2016, after a review has been completed of what has been done to date. And India seems unwilling to go down the legally-binding route at all. So finding an equation that accommodates all of these variables poses a significant challenge. Many expect it to be impossible, which would make the “success” of Durban dependent on whether, at the end, the European Union caves — an outcome that one can usually bank on in the climate negotiations, but which appears less certain here. If Durban fails to save the...
06.12.11 | |

25 Aug

...issue will not be discussed further. A structured framework to strengthen the duty to end impunity may be inspired by the already existing concept of the Responsibility to Protect (R2P). R2P considers that the States have a primary responsibility to protect their own population against mass atrocities and the international community has also the responsibility to step in, if necessary. The R2P concept lays out different options available to the international community to put pressure on the State if it is unwilling to protect its own population. Similar options could...
25.08.15 | |

31 Aug

...the President leaves himself an out: “Yet, while I believe I have the authority to carry out this military action without specific congressional authorization, I know that the country will be stronger if we take this course, and our actions will be even more effective.”) Interestingly, President Obama also made it clear that he’s “comfortable going forward without the approval of a United Nations Security Council that, so far, has been completely paralyzed and unwilling to hold Assad accountable.” This sets up an interesting question for international law scholars. If...
31.08.13 | |