Search: unwilling or unable
26 Aug Rohingya Symposium: Justice Out of Reach–The Need to Better Connect Accountability Proceedings to Atrocity Survivors
...a welcome development, Gibson believes that this may have contributed to a sense among victims that their needs were at last being prioritized by the international community. She notes the extreme difficulty of managing the expectations of victims, particularly when communication is fraught and irregular. With people unable to confirm or correct information online, conversations in Cox’s Bazar are like a “massive game of telephone,” with messages increasingly distorted as they are passed on. Thus, despite the Court instructing the Registry to create “a system of public information and outreach...19 Oct YJIL Symposium – A Fiduciary Theory of Jus Cogens
...or a corporation. The beneficiary is peculiarly vulnerable to the fiduciary’s power in that she is unable, either as a matter of fact or law, to exercise the entrusted power. Kant sets out the moral basis for fiduciary obligations in an argument concerning the duties that parents owe their children. For Kant, legal rights embody the realization of a person’s moral capacity to put others under legal obligations. Fiduciary obligations to children stem from the parents’ unilateral creation of a person who did not consent to be a party to...24 Nov Stewart Mini-Symposium: A Response to Samuel Moyn
...simplistic terms, we should simply work harder in more intellectually inclusive ways to ensure that ICL does not eclipse other regulatory possibilities. It’s precisely for this reason that I spent so much ink in the article making space for alternative initiatives, and why I pestered my friends at Opinio Juris to invite responses from scholars who I knew full well would disagree with me. Moyn continues his helpful response by citing Kierkegaard’s example of a man with so much food in his mouth he’s unable to chew as a caution...
13 Aug Emerging Voices: Regrouping for Justice–Could Regional Inter-Governmental Organisations Save International Criminal Justice?
...increasingly failing to inspire confidence and with most (post)conflict states still plagued by weak domestic systems that are unable to effectively pursue accountability for international crimes, an impunity gap is imminent if alternatives are not explored. In this post (which highlights my ongoing doctoral research), I have argued that with increasing political power and relevance of RIGOs comes (political) responsibility, and that the possible impunity gap highlighted above could very well be forestalled by harnessing this increasing political power and potential for collective political action to provide effective accountability for...
15 Jan An Intersectional Approach to Colombian Transitional Justice and COVID-19
...health encompasses a wide range of socioeconomic conditions that promote conditions of healthfulness, including factors like food and nutrition, housing, and access to water and sanitation. Yet the government has been unable to manage the food insecurity of thousands of households, and communities have responded by hanging red flags to symbolize pandemic solidarity and a need for food assistance. At over 20%, Colombian unemployment rates are at their highest ever. Furthermore, the economic impact is particularly harsh for the 13 million workers operating in the informal economy. Measures making up...
09 Mar Shamima Begum and the Right to Enter One’s Own Country
...not eligible for Bangladeshi citizenship in their view and that they would not allow her into Bangladesh even if she is unable to return to the UK and is rendered effectively stateless. In this context, I would argue that at the very least, until a final judicial determination is made (after all appellate remedies are exhausted) of whether the Home Secretary’s deprivation decision is legal under British law, the above observations from Stewart suggest that the UK should let Ms. Begum re-enter under Art. 12(4). This is particularly true for...
09 Apr Symposium on Dominic Ongwen Case: From Participation to Reparations – Representing Victims in the Dominic Ongwen Case
...which posed significant financial and logistical hurdles for many who were formerly residents of Internally Displaced People’s (IDP) camps in Abok, Lukodi, and Odek. As the legal representatives, we were mandated to consult our victim clients, obtain instructions, and share information about developments in the proceedings to enable meaningful participation for victims before the Court. However, due to the denial of legal aid and limited resources, arranging meetings with clients became challenging. Many of our clients were unable to engage with counsel due to long distances and the residual effects...06 Apr The ICC and Palestine: A Response
...action by the United Nations. Surely this means that ASP review would only be to implement any action by the U.N.; nothing in the Rome State implies any larger ASP role in statehood matters in any event. Importantly, any future action toward statehood could only enable Palestine to bring the Court a situation after statehood is determined, since the ICC is unable to take up matters retroactively. Thus, this is clearly the end of the line for any ICC complaints about the events raised in the PNA’s declaration of 2009....07 Aug Emerging Voices: Limits to R2P–Lessons from the Arab Spring Conflicts
...silence arguably weakened the support for R2P language to apply in Syria. As in the Arab conflicts, future intervention will likely come through the authorized international body that draws legitimacy from the general regional attitude towards the particular conflict. Thus, R2P is limited by regional attitudes unable to agree on aggressive measures, as in the case of Syria. Second, the Syrian situation illustrates a developing trend for R2P intervention that favors action through the Security Council, limiting R2P application through unilateral measures. Unilateral action is legally arguable under R2P absent...
05 May Symposium on the UNWCC: Defences and the UNWCC
...had sunk and destroyed anything floating so as to avoid detection from an air strike, in order to protect his crew. He was unable to convince on the necessity of this as the operation took five hours and the court reasonably pointed out that “the operational aim, saving ship and crew, could have been achieved much more effectively [by speeding away at the earliest moment to the greatest possible distance] without as such acts of cruelty” however – most notably – the court refused to say that there might not...