Search: unwilling or unable
06 Feb Why Now for a Global Treaty on Older Persons’ Rights—and a Path Forward
...out on time with their grandparents due to preventable health conditions; and the communities unable to fully benefit from the collective contributions of their oldest members. Moreover, inadequate action on fulfilling the rights and core needs of older persons is threatening the stability of countries’ economies. One study found that a delay in age-related chronic illness that increased life expectancy by one year would yield $38 trillion in economic returns in the U.S. alone, or $367 trillion over a decade. In “super-aged” countries like Japan, South Korea, and Italy, where...
01 Apr COVID-19 Symposium: The Impact of Coronavirus (COVID-19) on Prisoners
...virus because of health conditions, and also for the release of those from 50 countries to which the Home Office is currently unable to remove people because of the pandemic. The two judges came down strongly on the side of the Home Office and highlighted the range of measures already being implemented by the Home Secretary, Priti Patel. These included the release of more than 300 detainees last week, ongoing assessments of the vulnerability of individual detainees to the virus and a range of ‘sensible’ and ‘practical’ steps the Home...
05 May Symposium on the UNWCC: War Crimes Against Culture – Poland’s Charge File Submissions to the UNWCC
...with war crimes (file 34). Jurists at the Polish War Crimes Office stretched language and concepts to accommodate the reality of German crimes. Nevertheless, the idea of ‘denationalisation’ was limited by the socio-cultural context in which it was promulgated and it was unable to effectively describe the destruction of multiple cultures in German-occupied Poland. Lemkin’s notion of ‘cultural genocide’ is helpful as it can aid in the recognition of crimes against non-dominant cultures in a multicultural state. Consideration of the attention paid at the UNWCC to crimes against culture may...12 Feb The Model Air and Missile Warfare Manual
I don’t mean to interrupt the flow of this outstanding set of articles and exchanges on the several HILJ articles – really a glittering collection, and great commentary here, so I’ll put my comments on the Texas discussion below the fold. Also, while I’m at it, I’ve wanted to post on Gaby Blum’s article, both here and at the HILJ site, and I apologize to the journal and Gaby for not doing so – yet. I’ve been traveling a lot, and a lot of it driving, so unable to get...
23 Aug Symposium on the Sentimental Life of International Law: The Affect of International Law
...become the people in general.” [103] And just as monuments can “unremember acts of history, trials sometimes erase those ‘crimes’ not juridified.” [107] In short, international criminal law is not only unable to address all the countervailing pressures on it, but it also works to close off areas of attention, memory, and redress. But Simpson’s book—as he tells us—is a book of answers. So he goes through his chapters offering “sentimental” responses to the problematic of international criminal law, including discussions of humor, friendship, and the garden. Some of Simpson’s...
02 Feb Action and Redaction: Reclassification at Cambodia’s Hybrid Tribunal
...reclassification (and especially declassification, that is, from confidential to public) must be prioritised before capacity and institutional memory is lost. Although the Lead Co-Lawyers have been unable to undertake a thorough review, the filing sets out something of the number and diversity of civil party-related documents, and the different types of sensitive information in these documents. It also notes how some information, for example, an individual’s account of a crime they directly experienced, might recur across different documents (a VIF and a subsequent interview, for example), and also that some...11 Oct A Response to Kevin Heller on Doe v. Nestle
...abetting liability. Thus it’s highly relevant that when the Rome Statute’s drafters addressed this exact issue, in the context of codifying customary principles, they were unable to reach agreement. As a result, the Statute adopted a higher “purpose” mental state for aiding and abetting. The drafters’ failure to agree on a broader liability regime is extremely suggestive that the underlying customary principles are in fact not universally accepted, as Sosa requires. This is the core point made by the Second and Fourth Circuits in the Talisman and Aziz cases, and...21 May Luna Droubi Guest Post: A Call for Humanitarian Intervention in Syria
...to flee from the brutality. As the years dragged on, nearly every Syrian I know (including me) has had a family member or friend who has been “disappeared,” only to return years later unable to talk about the severity of their detainment and torture. These stories and more are ingrained in the minds of everyday Syrians, who are too frightened to mention anything about their political beliefs lest the Mukhabarat, the thug-like secret police force, find out. The world watches but does nothing. Humanitarian intervention in Syria, under the Responsibility...
09 May Race, Nationality and the True Color of International Criminal Justice
...is not inherently tied to race or nationality, as the rules of provisional release were not made to target Africans. These rules apply equally to all persons and therefore, it is wrong to attribute this tricky situation to racism, when it is exacerbated by the internal politics of the defendant’s country. For instance, Limaj and other defendants of the ICTY could not secure provisional release because the UN Mission in Kosovo was unable to make the required guarantees. When Kosovo gained more stability, the authorities were able to make the...