Search: unwilling or unable
13 Dec Weekly News Wrap: December 14, 2015
...to critics of her open-door policy from within her conservatives on the eve of a party congress. Ecuador and Sweden have reached a deal that could pave the way for WikiLeaks founder Julian Assange to be questioned at the South American country’s embassy in London where he has lived for more than three years. Americas Costa Rican President Luis Guillermo Solis will tell Cuban President Raul Castro his Central American country is unable to continue caring for thousands of Cuban migrants indefinitely, seeking to force a resolution to the month-long...
16 May Accountability for Atrocity Crimes: How Should Ethiopia Implement its Commitment under the Agreement on Permanent Cessation of Hostilities?
...also argued in my EJIL:Talk post, crimes against humanity, which the US State Department recently determined to have been committed in the context of the conflict, is not recognized under Ethiopian criminal law, which, in effect, renders regular mechanisms unable to investigate and prosecute these serious crimes. With these limitations considered, it is unlikely that the regular mechanism will be able to effectively ensure accountability. Accordingly, if there is indeed a political will to ensure accountability and discharge its obligation under the peace agreement and other international laws, Ethiopia should...
08 Apr A New Approach to Criminal Responsibility? Discussing the Separate Opinions on Indirect Co-Perpetration in the Ntaganda Appeals Judgment
...unable to apprehend higher-level suspects and the accused available for trials may end up bearing the symbolic blameworthiness of the entire criminal organisation. The separate opinions to the Ntaganda Appeals Judgment ultimately reveal that because of the inescapable indeterminacy of legal rules, no matter how detailed those rules are, there is always the risk of delivering unsound decisions. In my view, whether one agrees with their specific recommendations or not, the opinions of Judge Morrison and Judge Eboe-Osuji invite us to stop focusing exclusively on legal rules in the abstract...
18 Jul One Ship and Three Identities: What Is International Law Tracking?
...labelled as apparent digital identity manipulation, the legal repercussions are uncertain, since communicated information does not itself constitute registration or nationality. Distinguishing Identity Frauds Current discourses do not directly address the concept of identity fraud, nor the distinction between a ship’s documentary and apparent digital identities. The IMO Legal Committee, in its 108th session, discussed all these issues exclusively under the heading of fraudulent registration and was unable to reach a consensus on various definitions. Even questions related to identity manipulation beyond registration fraud were deferred. Working under significant time...
08 Dec One Year After the Fall of Assad, 1,101 Syrians Speak Out About Their Demands for Justice
...engagement with organised groups, individual testimony, or consultations in specific regions. What has been lacking is a comprehensive, nationwide picture of public attitudes toward justice, one that captures the views of those who remained inside Syria: people living in rural areas, host communities, survivors with no organisational affiliation, families unable to engage formally, and individuals who may not be reached through structured consultations. In a country where conflict, displacement, and fragmentation have shaped access to information and public life for more than a decade, such voices are essential – but...27 Dec Fisking a Jordanian “Seminar” on the ICC and Sudan
...the ICC only if its judiciary were incompetent or if it were unable to try its nationals for crimes committed,” Badria said, pointing out that Sudan has already tried perpetrators of crimes in Darfur. She moreover indicated that Article (60) of the Sudanese Constitution has provided for criminal accountability of the President of the Republic and that if Parliament had considered he had committed any of the crimes stipulated under the Constitution he would have been brought to trial. Human Rights Watch has vivisected Sudan’s efforts to “prosecute” those responsible...24 Aug Supreme Court Review of ATS Corporate Liability
...actor functions as a state actor, Respondents’ allegations as described above satisfy that test. More-over, even if the allegations in the Complaints were somehow deemed inadequate on this point, on re-pleading such inadequacy could be cured quickly and easily by reference to, inter alia, Pfizer’s own public statements. … Even if there were a conflict regarding what is necessary to show state action, or if Respondents were unable to show state action in this case, certiorari should be denied because state action is not required to sustain a claim under...
16 Jun Symposium on the 1951 Refugee Convention at 75: Introduction
...unable to respond. The Handbook and Guidelines can mean protection and a future for a child forcibly recruited, exploited and abused by militias in one of the many conflicts proliferating in the world today. Supervision in refugee law, however, must be conducted through dialogue. UNHCR guidance has been cited, adopted and sometimes critiqued. Academic scholarship and courts have enriched doctrinal debates and highlighted gaps and inconsistencies. The Convention has become a living instrument precisely because it has been interpreted dynamically across jurisdictions, regions, academic paradigms and legal traditions. It is...