Search: unwilling or unable
12 Jun Israeli Supreme Court Upholds Unlawful Combatants Law
...create a new category not recognized in international law, it reverses the burden of proof. Once an order is signed by the Chief of Staff, the burden of proof is on the defendant: he has to prove to the court that he is not an enemy combatant. Moreover, he is expected do this when the charge against him is based solely on classified evidence, which he is barred from examining and is therefore unable to challenge. One of the defendants told the court he was arrested in his house, for...02 Apr A Powerful Dissenting Opinion on the ICC’s Decision to Authorize an Investigation into Kenya
...however, duty-bound to point at least to the following: such an approach might infringe on State sovereignty and the action of national courts for crimes which should not be within the ambit of the Statute. It would broaden the scope of possible ICC intervention almost indefinitely. This might turn the ICC, which is fully dependent on State cooperation, in a hopelessly overstretched, inefficient international court, with related risks for its standing and credibility. Taken into consideration the limited financial and material means of the institution, it might be unable to...25 Jul What Will the Medal Count Be for “None of the Above”: Olympics Allows Non-National Competitors
...from any country, is a permanent resident (refugee status green card) of the United States but not a citizen. As such, he is unable to compete for the United States, South Sudan or Sudan. Marial qualified for the Games with an A Standard time on 2 October 2011. More background here. This is not a first time for “Independent Olympians” – more than 50 competed in Barcelona in 1992, most apparently from the former Yugoslavia in the absence of successor National Olympic Committees there, and others have haled from Kuwait,...
16 Apr ICC Prosecutor Symposium: The Next ICC Prosecutor Must Embody Integrity in the #MeToo Era
...the Court streamline its efforts to achieve a harmonised ethics framework, and develop a Court-wide Ethics Charter. The Court’s Independent Oversight Mechanism (IOM) made its 2018/2019 caseload public in its annual report. Of the cases closed without a full investigation, two cases which resulted in recommendations to the Prosecutor alleged inappropriate behaviour against the same OTP staff member, including sexual harassment. The complainant did not pursue the allegation due to the potential disclosure of their name. The IOM was unable to conduct an investigation respecting due process rights, without disclosing...01 Mar YJIL Online Symposium: A Response to A. Arend and L. Johnson
...persons can differ. In this regard I recommend an incisive article by Professor Sean Murphy, “Aggression, Legitimacy and the International Criminal Court,” [ http://www.ejil.org/article.php?article=1938&issue=93 ] in the current issue of the European Journal of International Law. Professor Murphy points out that the new definition would not be regarded as legitimate under the criteria identified by the late Professor Thomas M. Franck. He suggests that the definition’s indeterminacy ― the lack of clarity that leaves those to whom it might apply unable to understand it ― undermines the proposed crime’s pedigree...
23 Oct Universal Jurisdiction, the International Criminal Court, and the Rohingya Genocide
...A case in Argentina, however, would be able to investigate to full range of crimes committed against the Rohingya. Such crimes include torture, enforced disappearances, murders, rapes and other inhuman acts of a similar nature – these have all been committed in Rakhine State, but no element of them were cross-border in nature. Our case file also includes a criminal complaint of genocide, something currently not within the scope of the ICC investigation. Just one specific example of a crime the ICC investigation is unable to look into is the...10 Dec Dan Bodansky Letter from Copenhagen
...developed country commitments, the EU and developing countries support Kyoto-style targets – that is, economy-wide absolute emission targets, with international accounting. The US, in contrast, has proposed national emissions targets that would be subject to national accounting rules, allowing countries to define their targets in somewhat different ways in their national legislation. This position reflects the calculation by US negotiators that the US would be unable to ratify an agreement that diverged in any respect from US domestic climate legislation. • For developing country actions (such as the intensity targets...
02 Mar Deporting Children: Quo vadis, ECtHR?
...to get accommodated in their country of nationality even if they have spent little to no time there and face difficulties with the language (according to her lawyer, Tina speaks Georgian but is unable to read or write). While this idea itself is contested as many questions concerning its consistency remain, there exists case-law in support of treating teenagers around the age of twelve no longer as adaptable: In Liu v. Russia, for example, the ECtHR found that the resettlement of a two children, one of them about eleven or...23 Mar The Greatest Quote Ever…
I just can’t resist: There are two novels that can change a bookish fourteen-year old’s life: “The Lord of the Rings” and “Atlas Shrugged.” One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world. The other, of course, involves orcs. Courtesy of Kung Fu Monkey....