Search: unwilling or unable
11 Nov Symposium on Erin Pobjie’s Prohibited Force: The Meaning of ‘Use of Force’ in International Law – Introduction
...efforts to present the most diverse panel possible, including scholars from different parts of the world, personal backgrounds and scholarly traditions, we were unable to secure women colleagues in the roster. We reached out to five women scholars and quickly confirmed how the burdens of academic citizenship and administrative work fall disproportionately on them. Given these difficulties, we had to postpone the symposium on two occasions, as we tried to secure the right panel. After these delays, two women scholars agreed to contribute to the symposium, but due to these...16 Jul On (Neo)Colonial Genocide
...this feudal system of exploitation continued until 1968 (yes, 1968) when it was abolished by a military dictatorship. And even after securing their political freedom, Peruvian indigenous communities have continued to live in economic hardship, unable to properly benefit from the wealth created through the exploitation of their lands. The underlying premises of this Feudal system were fundamentally the same as those of the standard of civilization. The gamonales believed they were “civilising” an otherwise primitive people that would drag the country backwards if not properly “guided”by the “superior”...22 Apr The Right to Health of Venezuelans in Colombia: From Policy to Practice (Part 2)
...water services to force people to leave. Some do not have any family support in the country and therefore do not have any housing alternatives when they are evicted and are rendered homeless. The Coordination Platform for Refugees and Migrants from Venezuela has indicated: “the number of Venezuelans living on the streets has tripled in some areas due to eviction as a result of individuals being unable to pay rent in the wake of the movement restrictions.” Lack of clear, transparent communication from local and national government Making matters worse...
02 Nov The Legality of a SADC Intervention in Cabo Delgado in the Absence of Mozambican Consent
...request for such assistance from Mozambique. In the absence of this consent, SADC may be unable to rely on its Mutual Defence Pact and would instead need to resort to the enforcement action provided for under the Protocol. Its reliance on enforcement action would however depend on additional factors. The conflict in Mozambique would have to be considered an insurgency for purposes of Article 2(b)(iii) or it would have to threaten regional peace and security within the confines of Article 2(b)(iv). In addition, any enforcement action the bloc hopes to...
25 Aug Rohingya Symposium: Why So Secret? The Case for Public Access to Myanmar’s Reports on Implementation of the ICJ’s Provisional Measures Order
...and expertise (such as human rights monitoring bodies), are unable to examine Myanmar’s reports and, where appropriate, highlight misrepresentations or omissions. Myanmar is not co-operating with UN investigators, and it imposed an internet ‘blackout’ over much of Rakhine State during 2020. Public scrutiny of the reports may be the best means to ensure that the reporting requirement serves the overall purpose of provisional measures—the protection of the rights at issue in the case. In principle, the reporting requirement should be a powerful reminder to Myanmar that its conduct is subject...
02 Sep Symposium on Myanmar and International Indifference: A Deeper Dive Into International Criminal Liability for Internet Shutdowns – The Case of Myanmar (Part 2)
...by those speaking to communities facing the Tatmadaw’s brutal attacks. In its report, Athan interviewed individuals from areas affected by long-term internet shutdowns, who explained that social media platforms allow for the crowdsourcing of vital safety information, including troop movements. As a result, removing access to social media platforms leaves civilians less informed about the possibilities of attacks where they live. Further, internet restrictions, particularly those that limit 3G and 4G services, can result in individuals being unable to even send certain cellular text messages, such as MMS and group...
07 Dec COVID-19 and Africa Symposium: Lockdowns, School Closures and Young Girls’ Access to Education in Africa
...to this at least a third of school children, some 463 million, were unable to access remote learning during school closures. A Human Rights Watch report published in August 2020 highlighted the effects of the pandemic on education in Africa more specifically. It found that millions of children had already been deprived of their right to education as a result of COVID-19 lockdowns and school closures. As a result children were being more exposed to greater health and well-being risks – both psychosocial and physical – during the COVID-19 pandemic. Moreover,...09 Oct LJIL Symposium Vol 25-3: Wording in International Law: A Response
...and draw hasty and uninformed conclusions – like the editorial discussed here contain many – about intricate phenomena which we are unable to apprehend, cognize, describe and, above all, analyze. Michael rightly engaged with the question of the social identity which, according to the paper under discussion, informs the necessity to preserve a common language without which there cannot be a epistemic community properly so-called. Michael takes issues with the existence of a social identity of the community of international legal scholars in a formal sense, nor that there is...
09 Mar Intersex: A Neglected Category in the Understanding of Gender-Based Crimes at the ICC?
...the concepts of sex, sexual orientation, and gender as a socially constructed idea. But what then is the relevance of delimiting the term? What are the implications of its definition for the OTP? The question of collapsing the word ‘gender’ into sex, gender, or sexual orientation has profound consequences for the prosecution of the crime contained in 7(g) of the Rome Statute. If the word is interpreted as meaning no more than ‘sex,’ as pointed out by Valerie Oosterveld, the ICC would be unable to analyze the roles of women and men in a determined society....
22 Jul China’s Law on Promoting Ethnic Unity and Progress and Extraterritorial Jurisdiction
...transmission of “information with content that undermines ethnic unity and progress”, while Article 58 criminalizes anyone that “violates the relevant provisions of [the] law and undermines ethnic unity and progress”.) and Article 63 of the Law on Promoting Ethnic Unity and Progress, the effects of the Law would leave foreign nationals unable to know which of their lawful activities abroad China will claim authority to punish. On the legality of extraterritorial jurisdiction, the contention turns on whether the prohibited acts would exceed the scope of the protective principle, one which...