Search: unwilling or unable
01 Apr COVID-19 Symposium: COVID-19 Responses and State Obligations Concerning the Right to Health (Part 2)
...their best efforts, these States are unable to discharge this obligation on their own. Second, States may be effectively required to act by seeking out donations from private sources and administering donations directly towards the realization of the right to health. The ‘solidarity fund’ set up in South Africa by the government is an example of such an attempt. Third, since such resources include existing health care professionals and health care facilities, States may effectively be required to take measures to ensure that private and public resources combine towards the...07 Jun Libya’s Chutzpah
I had a good chuckle this morning when I read Libya’s latest attempt to avoid complying with its obligation to surrender Saif Gaddafi to the ICC. (Which, of course, it may be genuinely unable to do, given that he’s still being held in Zintan. But that’s another story.) The source of my amusement is Libya’s new excuse for not being able to file submissions on time: [D]uring May 2014, there has been a surge in attacks against the Government, particularly in Tripoli and Benghazi, such that the UN Support Mission...05 Apr NYU JILP Symposium: The Rhetoric of Remedies
...the documents at issue, the Chamber would be unable to ensure that the verdict in the case was fair and accurate.” The Appeals Chamber, in turn, only lifted the stay once it became clear that the OTP would, in fact, disclose any and all exculpatory evidence to the defendant. I don’t like describing the approach of the Trial Chamber and the Appeals Chamber in this situation as “absolutist” – at least insofar as that term is given a negative connotation. Unfortunately, I think Jenia views “absolutist” as an epithet, as...
31 Jul Crime of Aggression Negotiations Blocked by France, the United Kingdom, and Canada
...the ICC has been unable to investigate or prosecute the crime in any situation. (For background, see GIPA Q&A.) Yet, after Russia’s full-scale invasion of Ukraine as well as aggression elsewhere, interest in seeing the crime investigated and prosecuted—given the estimated over one million casualties in that situation—has grown considerably. The Special Session was the culmination of six months of efforts by states this spring in drafting a proposed amendment text and accompanying resolution that would harmonize jurisdiction (see report by the Working Group on Amendments). A series of regional...
31 Jul Internships in International Criminal Justice Institutions
...for interns to save on transportation costs; Even if the Court is completely, genuinely unable to offer paid internships, and can barely keep the lights on, external organizations (such as the European Union, African Union, NGOs) can provide scholarships that are not university-specific, which allow candidates from different countries and universities to apply; Lunch and coffee programs that would allow interns to receive fully or largely subsidized access to the canteen and/or coffee points; Transportation costs – in addition to facilitating access to bikes such as a bike share scheme...
22 Jul Revolution or Status Quo? The ICJ Dilemma in Defining States’ Climate Obligations
...even relying on western advisors. Disparities in diplomatic resources, agenda setting, and leverage are ultimately detrimental to vulnerable States, undermining negotiation fairness and agreement equity. Consequently, environmental treaty law risks entrenching the preferences of powerful parties and the existing status quo, echoing Pascal’s quote, “Unable to make what is just strong, we have made what is strong just”. Conversely, customary international law may offer developing countries a more favorable legal framework for climate action, as they form the majority of the international community. Relevant principles could include the duty of...
31 Jan Revisiting the Joint Comprehensive Plan of Actions: The Role of Arbitration in Reviving a Broken International Agreement
...in dispute resolution. More importantly, the DRM failed to mention the forms of ADR process that should be utilized in an adversarial procedure. It also failed to provide essential steps to be taken to prevent any subsequent escalation, as in fact occurred. The following analysis will reveal that the obscurity surrounding the neutral authoritative body, coupled with the lack of appropriate form of DRM, failed to provide this mechanism with teeth, so to speak. Therefore, it was rendered functionally inoperative, unable to preserve the integrity of this instrument and prevent...21 Oct Don’t Blame IHL for Attacks on “Hospital Shields”
...to attack because their premises are being misused, but unable to do anything about it. The answer, however, is not to categorically prohibit attacking hospitals. As noted, militaries would never comply with such a prohibition. And, of course, such a prohibition would ensure that combatants who don’t respect IHL will use hospitals as a shield as often as possible. The authors begrudgingly acknowledge that possibility, writing that “[s]ome might argue that such norms will produce the perverse incentive among certain belligerents to use hospitals as shields.” But that is a...
09 Oct The Nexus Between Starvation Crimes and Sexual Violence: Indicia of On-going Extermination in Tigray, Ethiopia
...interrogation. In addition to the acts of food deprivation, over one million Tigrayans remain displaced, unable to access fields during the planting and recent harvest seasons. Moreover, repairing the damage wrought upon the agricultural sector during the conflict in Tigray has not been prioritised by the State. Given these additional factors, senior Ethiopian leadership knew or should have known that thousands of Tigrayans would not survive the summer months without sustained and unhindered access to humanitarian aid. Moreover, both the US Government and the UN have reportedly sought to have...