Search: unwilling or unable
26 Oct Motive Matters: The Meaning of Attack Under IHL & the Rome Statute
...the church took place after the assault they were not during the actual conduct of hostilities. As a result the Court found the first element of Article 8(2)(e)(iv) (the perpetrator directed an attack) was not met. TC IV was unable to make any findings on “looting” of the church. OTP Appeal On October 7, 2019, the OTP filed an appeal alleging that TC IV erred in its analysis of Ntaganda’s responsibility for intentionally directing attacks the hospital and church. The OTP acknowledged that although those two incidents “may seem relatively...
15 Jun Contingency in the History of International Law?
[Ntina Tzouvala is a Senior Lecturer at Australian National University College of Law.] At a time when overseas travel, in-person academic events, and mediocre conference food were still commonplace, I attended the conference in Amsterdam that forms the backdrop for this impressive volume. The event, organised by Ingo Venzke and Kevin Jon Heller, was lively, joyful, and not without controversy, which is the best a conference can be. Due to a series of contingencies (or perhaps, the necessity that is my inability to schedule realistically) I was unable to contribute...
06 Jul Three Ways to Improve Victim Participation in the Rohingya Context
...groups, although not all, are male-led, and comprised of members who are literate and speak English. They are, however, a small fraction of the total population and are not an intersectional representation of the Rohingya community. COVID-19 has dramatically exacerbated the information gap between the literate and illiterate members of the community. While outreach and information teams have been unable to travel, literate members of the community have been able to stay up to date with developments and information online. However, this is only a very small, again, predominantly male,...22 Mar Weekday News Wrap: Friday, March 22, 2013
Italy has promised India that the two Italian marines facing murder charges over the killing of two Indian fishermen mistaken for pirates will return to India today, after promises were made that the special court set up to rule on their case will respect their fundamental rights. Ahead of Chinese President Xi Jinping’s visit to Russia, President Putin has said that the two former rivals help create a fairer world order. Religious tensions between Muslim and Buddhist communities are increasing in Western Myanmar with the government seemingly uninterested or unable...22 Nov Overcoming the Veto to Save Lives
...to have any meaning, then UN Member States, as High Contracting Parties to the Geneva Conventions, must not let the veto or threat thereof devolve into the only rule of international law enshrined and respected by the international community. The use of force should always be a last resort. History shows that the General Assembly has in the past and hopefully will soon once again be capable of imposing other enforcement measures against those responsible for mass atrocities where the Security Council is unable to do so — including by...03 May Hamdan, the ICRC Commentary to Protocol II, and Conflict Party Structure: A Response
...the APs. They also quite seriously misinterpret the Commentary to GC III, as I have shown in my previous post, coupled, I might add, with one more miscitation. Other ambiguities in the Court’s judgment which I pointed out lead me to only conclusion – that the Court was unable to understand the various complex issues of IHL before it, and that it therefore relied entirely on the Jinks, Goodman and Slaughter amicus brief, instead of engaging in an independent examination of the issues. That is what I find so shameful....
19 Mar SCSL Symposium: Dealing with Gender-Based Crimes in International Criminal Law
...including the International Criminal Court. While he is unable to state categorically that the SCSL’s jurisprudence as it relates to forced marriage has facilitated the work of the Prosecutor of the permanent court, the ICC, Professor Jalloh confirms that the SCSL’s conclusions whether in the AFRC, the RUF or the Charles Taylor trials, have provided some useful reference points for the ICC. Specifically, he refers to the Pre-Trial Chamber’s decision in the Ongwen case to refer to the distinction in the AFRC Appeals Judgement between sexual slavery and forced marriage....