Search: unwilling or unable
24 Jun Options for a Peace Settlement in Ukraine: Options Paper VIII – Sanctions in the Ukraine–Russian War: Proposed Solutions for the Peace Process and War Crimes Prosecutions
...treaty. The most recent example comes from a March 2021 award by the International Criminal Court (hereinafter “ICC”) of $30 million to the victims of Bosco Ntaganda, a rebel leader from the Democratic Republic of the Congo convicted of 18 counts of crimes against humanity and war crimes. However, the ICC has been unable to seize or locate Ntaganda’s assets to satisfy this judgment, thus placing the burden of reparations on nations themselves. The Bemba case further highlights areas where ICC procedure and unsystematic cooperation with states fails to ensure...07 Jul Bureaucracy, Ideas and Labels in the “Interwar” Years
...to the vanity of a few foreign policy wonks!) But if that is true, why does the book keep circling back to the idea that either Bush I or Clinton “failed” in defining this new era and spend so much time on the public intellectuals and journalists who were so keen on putting their own label on this not-to-be-labeled era? (see, e.g., p. 27“[Bush] was unable to translate [the End of the Cold War and the Persian Gulf War] momentous achievements into a direction for his country….no one had assumed...
10 Feb Turan and Others v. Turkey: Mass Arbitrary Detentions of the Purged Members of Judiciary and the White Flag of the Strasbourg
...Convention had been breached by Turkey on account of their detentions. The Court’s Assessment In the beginning, the Court referred to its findings in Hakan Baş and Alparslan Altan cases regarding the expansive and erroneous interpretation and application by the Turkish judiciary of the concept of in flagrante delicto in respect of judges’ and prosecutors’ detention. Considering the Turkish judiciary’s unwillingness to abide by these findings as explained above, the Court further acknowledged in Turan and Others v. Turkey case as a principle the better position of national courts in...
07 Apr The Role of Business in War: A Different Defense to Corporate Complicity? Part I: The Old Offense
...of the worst human rights abuses involving business occur amid conflict where the human rights regime cannot be expected to function as intended” and the “host State may be unable to protect human rights adequately”. They also appreciate that “some operating environments, such as conflict-affected areas, may increase the risks of enterprises being complicit in gross human rights abuses committed by other actors” and emphasize that “enterprises should respect the standards of IHL”. Despite this express recognition, IHRL continues to dominate the discourse around business behavior, to the exclusion of...20 Apr ICTR to Hear Ntagerura’s Motion to Order Canada to Grant Him Asylum
Since being unanimously acquitted by the ICTR Appeals Chamber in 2006, Andre Ntagerura has lived as a virtual prisoner in a UN safehouse in Arusha, unable to find a country that will take him. Last November, he filed a motion asking the ICTR to order Canada, his first choice, to grant him asylum. On Wednesday, the Court decided to hear what he has to say: The President of International Criminal Tribunal for Rwanda (ICTR), Justice Dennis Byron, has granted an application to hear a motion of genocide acquitted former Rwandan...13 Apr Who is Responsible for Genocide in Rwanda?
...facts”, he said. Not surprisingly, France has always denied Kagame’s allegations, insisting that it did everything it could to minimize the killings: “Even if French soldiers were, unfortunately, unable to prevent all the massacres … they nevertheless made it possible that there was not a total genocide,” he told France-Info radio. “They truly did all they could to prevent an even more dramatic situation,” he said, dismissing allegations against France as “unfounded and scandalous”. I don’t know enough about the genocide to venture an opinion on the dispute — and...
17 Apr ‘Occupant’ Status for China in South China Sea Islands?
...dominant player in the disputed area, and did so via armed conflicts. It also means that the situation meets the first stipulation (pages 231 – 320) for applying the law on occupation: that the original and legitimate government is unable to exercise its authority in the relevant area as a consequence of hostilities. The second threshold envisages the effective control of the occupant over the territory. While there are still debates on whether such control must include governmental functions or merely de facto capacity, scholars generally agree to refer to...02 Mar Weekend Roundup: February 23 – March 1, 2013
...ahead before the trial in Tripoli on the same charges as the ICC case, he argued that Libya is unable to obtain custody over Saif, and followed up with a post asking whether Libya is even willing to prosecute Saif. Following a call by Chinese lawyers for the Chinese government to ratify the ICCPR, Julian asked whether international human rights treaties are a suitable vehicle for domestic legal reform. His post was censored from his China Weibo account, on which you can read more here. Roger addressed Julian’s question with...
21 Apr Sexual and Reproductive Violence as Genocide in The Gambia v. Myanmar
...(para. 319). With regard to Article II(d), the applicant submitted that rape and sexual violence against women resulted in physical trauma that impaired their reproductive functions and even led to infertility (para. 356), that the sexual violence against men prevented them from procreating (para. 357), and that the Bosnian Muslim women who were victims of sexual violence might be rejected by their husbands or unable to find husbands (para. 359). Each of these arguments was found by the Court to be insufficiently substantiated by evidence, and thus did not constitute...
28 Oct Fifth Annual Symposium on Pop Culture and International Law: Huasipungo and the Chains of Indigenous Serfdom
...compelled to work. Women are also trapped within this system. They are seen as caregivers not only for their own children but also for the children of their masters, and as objects of sexual exploitation. Cunshi is assaulted by Andrés, who channels his own humiliation and rage from years of abuse at the hands of his employers. Later, she is raped by Alfonso Pereira, unable to report the crime for fear of retaliation wherever she turns. Even more disturbing is how Indigenous women are used as wet nurses to feed...