Search: unwilling or unable
07 May CUNY Embarrasses Itself over Playwright Tony Kushner (Updated)
...slanderous mischaracterizations without giving the person in question a chance to be heard.” “I’m sickened,” he added, “that this is happening in New York City. Shocked, really.” The attack itself is simply business as usual for Israel’s self-appointed right-wing champions. Unable to win the war of ideas, they simply wage war on ideas, trying to silence anyone who has the temerity to criticize Israel. What’s surprising is that a traditionally progressive university like CUNY would be swayed by such baseless attacks. Similar attacks did not prevent Brandeis from awarding Kushner...23 Mar ECHR Rules on Therapeutic Abortions
...as to whether delivery would adversely impact her eye illness. The medical opinions were mixed as to whether delivery was a risk to her eyesight, such that medical authorization for therapeutic termination of the pregnancy was denied. The applicant delivered the baby in November 2000. After delivery, her eyesight deteriorated, and she now is unable to see from more than a distance of 1.5 meters (five feet). Before the pregnancy she could see from a distance of six meters (twenty feet). Medical opinions were mixed as to whether this deterioration...
23 Oct The Special Criminal Court Must Fill the Justice Gap Left by the ICC in Central African Republic
...position as the Minister of Livestock significantly dampens any hope that the CAR government will allow his prosecution any time soon. If the Court is unable to prosecute high-ranking government officials responsible for crimes in the country, then the victims’ hope for justice will be significantly damaged. The commitments made by CAR authorities to support the SCC must include support for the prosecution of high-ranking government officials and others who are suspected of committing crimes under international law. The SCC should be able to carry out its mandate without fear...24 Apr Alter Book Symposium: Comment by Jacob Katz Cogan
...explain why decisions were taken to establish these courts. With few exceptions (for example, Bates’s The Evolution of the European Convention on Human Rights), these do not yet exist. As a consequence, Professor Alter’s causal explanations for the creation of international courts and the subscription by states to their statutes are mostly general, sometimes tenuous, and occasionally implausible. She is unable to convincingly connect the dots. Second, the answer to Professor Alter’s question (“why [are] there . . . more international courts today than at any point in history”?) is...
21 Nov Regarding (Pictures of) the Pain of Others: Photographic Images of Conflict-Related Deaths under International Law
...not personally be aware of the existence of the humiliation or degradation or other violation” (Elements of Crimes, footnotes 49 and 57). Consequently, outrages upon personal dignity can be committed against unconscious individuals, or dead bodies. The principle of protecting personal dignity, regardless of awareness, is essential in the context of armed conflicts, where individuals may be unable to assert their rights directly, especially posthumously. This approach is particularly relevant, as human rights law—especially in the jurisprudence of the ECtHR —considers privacy rights as primarily applicable to the living, typically...17 Nov Four Thoughts on the Election for ICC Prosecutor (Updated)
...allegations of sexual harassment and other forms of workplace harassment. Shortlisting is a much more subjective inquiry, one that requires considering what qualities the “ideal” Prosecutor must possess, balancing desirable qualities against each other, assessing how well very different candidates fit the role, etc. There is no reason the same advisory body couldn’t both shortlist and adequately vet candidates. But they are not the same function — and as the CEP openly acknowledged, they were simply unable to adequately vet the candidates on the longlist: 31. The Committee is aware...
18 Oct Where De Facto States Come to Rest: The Approaching Demise of the So-called Republic of Artsakh
...their lack of recognition contributes to de facto states being regarded as a pathological type of political arrangement, insofar as they appear to challenge the doctrinal certainties surrounding statehood and law-fact interaction. Although it has been asserted that international law can accommodate unrecognized states by conceptual means, as it is a flexible system adaptable to new developments, these entities have been for the most part shunned and stigmatized, being unable to engage with recognized states in a satisfactory manner – their blurred legal status paired with a complicated reputation of...
13 Apr From Infinite Scroll to Command and Control: What Big Tech’s Courtroom Reckoning Means for Military AI Governance
...of the military-tech complex and the role of platform companies Many states that see the military adoption of AI as a strategic priority are unable to develop many AI capabilities in-house due to a lack of capital and expertise. Increasingly, these states are turning to technology firms to provide data services and expertise. This is leading to the emergence of the so-called military-tech complex – a series of close partnerships between armed forces, governments, and technology firms to integrate AI and data analytics into military operations. The rise of the...20 Dec Article 18 Mechanism
...situation whose impunity has already been ended at the domestic level. There is no justification to postpone discharging the notification obligation under Article 18. Without notifying the States concerned and Stets that have normally jurisdiction over a situation, the Prosecutor is unable to effectively examine the complementarity requirement to believe that there are no proceedings at the domestic level. In addition, the positive complementarity endorses this interpretation. Under positive approach to complementarity, the Prosecutor shall not be passive during the preliminary examination and should engage with States to encourage and...