Search: unwilling or unable
11 Oct The Use of AI at the ICC: Should we Have Concerns? Part I
...in the development or use of AI tools. Additionally, we have been unable to locate, when searching the ICC’s website, any Data Protection framework adopted by the OTP or the ICC despite this being a common feature of other international organizations, and specifically called for in the Resolution of Data Protection and International Organizations adopted in 2003 by an International Conference of Data Protection and Privacy Commissioners. While according to Microsoft Bing, the ICC is a signatory to the European Union Convention 108 on Data Protection, reportedly signed by the...
27 Jun Migrants and Refugees in Distress at Sea on the Central Mediterranean Route Malta: You Have to Pick Up the Phone!
...departure, the boat experienced technical failures and was, thus, unable to continue its journey. High waves and strong winds caused the boat to strand on the the Miskar gas platform, in an area of the Mediterranean Sea where the Maltese and Tunisian SAR zones overlap. The people in distress immediately approached the emergency hotline Alarm Phone, which relayed the information regarding the distress case to the competent authorities of Malta and Italy. The individuals in distress informed Alarm Phone that they did not have any supplies, including of food, water...
24 Jun Unilateral Regulation Without Mirror Clauses? The Limits of the EU’s Brussels Effect in the EU–Mercosur Agreement
...action thus appear primarily political rather than legal. This also contradicts the Commission’s argument, which frames mirror clauses and unilateral instruments as opposite alternatives instead of complements. A negotiated clause binds the counterparty and, as a treaty commitment, is harder to unwind than ordinary legislation; it would entrench rather than displace the Union’s horizontal instruments, anchoring at the bilateral level the standards that EU legislation have proved unable to secure domestically. The Commission’s logic thus led to rejecting the negotiated route while eroding the unilateral one. This tension is ultimately...
10 Apr Judge Them by Their Actions, Not Their Words: Legal and Political Recognition of Governments and the Prospective CEDAW Case Against Afghanistan Before the ICJ
...ICJ, confront Taliban representatives at the Peace Palace, but because of the requirements of CEDAW’s compromissory clause. Art. 29 CEDAW requires that a dispute “which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration.” If the parties are unable to agree on arbitration proceedings within six months, then the case may be referred to the ICJ. Concerning the comparable negotiation requirement in Art. 22 CERD, the Court has held in Georgia v. Russia (para. 157), that “the concept of ‘negotiations’ […] requires...
07 Dec Advancing Human Rights in Pandemic Treaty Debates
...and good quality care; yet, many countries have been unable to meet the public need for care (for treatment of the disease, related health conditions, and “long COVID” challenges) and ensure universal health coverage. With health systems overwhelmed, states rapidly instituted emergency measures for “social distancing,” with lockdowns and other restrictions that often discriminatorily, unnecessarily or disproportionately limited fundamental freedoms, undermined rights to access to justice and effective remedies, neglected economic and social rights (including, education, housing, food, water, sanitation, and social security), and increased inequities faced by vulnerable communities....13 Nov The Art of Ubiquitous Surveillance
No, I’m not talking about how to do ubiquitous surveillance. Rather, I’m talking about how to take the product of massive video surveillance and turn it into, ahem, Art. (Well, maybe that’s only a small-a “art.”) Anyway, let’s say you’re an unsigned band from Manchester, England, and you want to make a video. You could hire some hip upstart video director, hire some models as extras, rent video cameras, lighting, props, etc. Or, well, you could just do this: Unable to afford a proper camera crew and equipment, The Get...10 May US Sec. of Def. Panetta’s Not Very Compelling Argument in Favor of the Law of the Sea Treaty
...maritime governance that benefits the U.S. Without participating in UNCLOS, the U.S. rights to its continental shelf, its freedom of navigation, the Arctic, etc. would rest only on the foundation of customary international law. And the U.S. would be unable to shape the development of the law without “a seat at the table.” I guess I don’t really find this all that compelling. As I understand it, if the U.S. stays out of UNCLOS, it could still assert all of the same rights that nations in UNCLOS could assert, albeit...
27 Jul The Third ICC Prosecutor: Is It the Process or the Outcome of the Process that Matters More?
...do so could lead to the election of a prosecutor who is unable to provide the leadership, skills and integrity that the ICC so urgently needs.” I have been informed by a reliable source that the group then persuaded the ASP to hold public “hearings,” currently scheduled for the 29th and 30th of July, ostensibly for the purpose of subjecting the four shortlisted candidates to further scrutiny. But this is a time when many diplomats and State Party representatives are on holiday. In that sense, the event seems more like...
29 Apr Symposium on Boyd van Dijk’s Preparing for War: The Making of Future Wars – A Methodological Note
...these victims of Hitler’s empire “had an overly emotional outlook full of blind spots. Unable to think like occupiers, they produced texts, he argued, that would hamper their future ability to put down (anti-colonial) rebellions” (p. 38). It was the experience of war making that would according to the British delegate be conducive to making the future (colonial) battlefield. The wartime experience of victims was seen in this light as counterproductive. But stressing the importance of different war experiences for the project of shaping future wars, is a major contribution...23 Aug Burqas in My Backyard
Since moving to Philadelphia last summer, I’ve been struck by the large number of African-American women here who wear head scarves and full burkas – the latter-dressed entirely in black, with face fully covered except for a thin opening around the eyes. Until this piece appeared a couple of weeks ago in the Philadelphia Inquirer (as much focused on the implications of the fashion choice during the hot summer months here as on other implications), I was unable to find a single news report about the phenomenon, or a single...