Search: unwilling or unable

...our main arguments. Defence of D uress On duress, we agreed with the Trial Chamber’s (TC) finding in the conviction decision that this defence is unavailable to Ongwen, who argued he was under a continued threat of imminent death and serious bodily harm from LRA founder Joseph Kony and his controlling, military apparatus. The TC found that Ongwen was unable to rely on duress as a ground for excluding criminal responsibility under Article 31(1)(d) of the Rome Statute as he had failed to show he was under an imminent and...

Violence erupted in Beirut after the funeral of the slain intelligence chief, raising fears that Lebanon will be unable to escape the tensions in Syria. Foreign Policy has more here. In Syria itself, violence continues, and Special Envoy Brahimi has once again called for a ceasefire over the Muslim holiday of Eid al-Adha starting this Thursday. Syria’s President Bashar al-Assad has told the special envoy to Syria that the weapons flow to rebel forces must stop. Turkey has called for international intervention in Syria. Jordanian officials have claimed that they...

...exotic creature (especially to other animals in the zoo). But that says much more about the state of legal academia than anything else. Incoherent academics for Koh. It’s long been my experience that many liberal legal academics are surprisingly unable to engage in reasoned legal argument. Those selections, by the way, come from three posts. Honest and competent debate indeed! PS: The saddest thing about Whelan’s feverish and dismissive writing style is that, in his more temperate moments, he has offered well-reasoned criticisms of Koh that deserve proper rebuttal. I...

...to examine the challenge it poses for international law. Such reflections are especially relevant in the current crisis of international law, where the field often appears unable to respond effectively to contemporary challenges. I argue that the utopian future envisioned in Star Trek invites us to question the presumed inevitability of foundational concepts in international law, while revealing that even well-intentioned efforts to imagine alternative futures risk reproducing the problems of the past when they remain anchored in inherited ways of thinking.   What Could Be, But is Not: Science Fiction...

...and unable to travel freely – just a few of the many indignities inflicted on the community. Make no mistake, this law laid the pathway to this point.    The discriminatory citizenship law is a key part of the conditions that created the environment that enabled the ongoing atrocities. Citizenship laws are not benign – they are the source of rights of individuals within a country, and equally important, place obligations on the part of states. The one myth in talking about the legal parameters of citizenship is that this is...

...altering the very structures that make them possible. Certainly, recently, we have all felt this helplessness watching atrocities and genocide unfold before our eyes. International law promises universal dignity, yet inequality, weak enforcement, and impunity endure. It is hard not to feel that the legal order, like the players in Squid Game, is trapped in a game where the rules are stacked. And unless it can find ways to break that cycle, international law risks remaining a bystander to systemic violence – complaining about injustice, but unable to change it....

...second case is that in which, while individuals are left at liberty, they are deprived of the means of existence enjoyed by other inhabitants. They are, for example, refused housing, access to provisions, or the right to work.” The population of Gaza is confined to a small territory, comparable to a ghetto. They lack hygiene services, medical services, housing, namely, “the means of existence.” They lack access to food and, given frequent evacuation orders, are unable to provide food for themselves, for example, by farming or fishing. The Gaza population...

...already been displaced, and Israeli forces have bombed the only possible exit route that Israel does not control, the Rafah crossing to Egypt multiple times. The World Health Organisation published a warning that “[f]orcing more than 2000 patients to relocate to southern Gaza, where health facilities are already running at maximum capacity and unable to absorb a dramatic rise in the number patients, could be tantamount to a death sentence”. There has also been an escalation of violence, arrests, expulsions, and destruction of whole Palestinian communities in the occupied West Bank...

...people to flee their own countries and travel to South Africa, often against considerable odds, to seek asylum and a better life. Victor Chikalogwe, director of the LGBT refugee advocacy group People Against Suffering, Suppression, Oppression and Poverty (PASSOP), has said that the lockdown induced by the COVID-19 pandemic has made life incredibly difficult for many undocumented LGBT migrants, refugees, and asylum seekers, as they are unable to work in the informal trades that have sustained them, including restaurants, bars or sex work. They are also not eligible to receive...

During colonial times, the Spanish empire lost around 1500 warships carrying priceless riches from the gold and silver mines of the Andes and the Sierra Madre. Under international law, these sunken warships are immune from state jurisdiction and generally remain state property even after sinking. In the past decade, international law has sought to regulate their preservation and salvaging, both at UNESCO and the International Law Institute. At the same time, however, these efforts seem to have been unable to satisfy the expectations of Latin American states; some of which,...

...like Kosovo, have been unable to join European soccer’s governing body, UEFA, because of political lobbying from Serbia. When Gibraltar, a British overseas territory on the Iberian Peninsula claimed by Spain, tried to join FIFA, Spain threatened to pull all of its teams — including the powerhouses of Barcelona and Real Madrid — from the European Champions League and international football. Despite the political pressure, Gibraltar became a member of UEFA in 2013 and hopes to join FIFA next. While not all the associations in the ConIFA World Cup are...

...reduce the confirmation bias if used as an added tool for the commander to agree on a targeting decision, as it would enable him or her to work with more information, which by herself of himself would be unable to process, and because the recommendation made by the algorithm would be the collective result of the work of lawyers, roboticists and technologists, suggesting a result not linked to the certain beliefs of the commander. In conclusion, one should bear in mind that although AI can be better than humans at...