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Search: unwilling or unable

31 Dec

...mistakes? After all, this is the same CIA that is investigating itself for illicitly censoring its own critics because it doesn’t want knowledge of its misdeeds and mistakes to see the light of day.” “The opacity and unaccountability of the drone program are threats to the rule of law.” “…so much turns on the details: the expected collateral damage, how much care has been taken to verify the target and the danger he poses, whether the target was trying to surrender, whether the foreign state is truly unwilling or unable...
31.12.12 | |

03 Nov

...null, being illegal, and in violation of the laws which outlaw insurance without an insurable interest and gaming without a license." There is simply insufficient money in circulation in the world for governments to bail out the full extent of these "naked" contracts, and if the governments of the world were to run the presses to the point where there would be enough money, their currency would suffer the fate of that in Zimbabwe. To understand the extent to which the U.S. Government is either unaware of or unwilling to...
03.11.08 | |

19 Jan

...beyond a reasonable doubt reasonably accused, there is, of course, no problem with respect to complimentarity. With respect to the UK and persons who might be reasonably accused, civil trials are irrelevant regarding complimentarity under Article 17 of the Rome Statue -- and regarding criminal investigations and initiations of prosecution, there is the need to apply the "unwilling or unable genuinely" test. Moreover, a case against a particular person should involve inquiry whether complimentarity applies with resepct to that person -- not whether it applies regarding cases against other persons....
19.01.14 | |

16 Nov

...North Atlantic Treaty, as in International Law generally, a state can't request assistance (or invoke Article V) on behalf of another state. I would not spend time discussing the version of international law of any of the Bush family , but war on Non-State actors is something that does not make particular conceptual consensus yet. Finally, there is a lot to say about territorial states being "unable or unwilling" before we envisage any Afghanistan-like scenario, which (as a reminder) was also subsequently the subject of the UNSC authority and authorization....
16.11.15 | |

05 Feb

...its explicit or implicit consent (regardless of whether it is private) (although not necessarily unimportant - there is a line of argument saying assisting a state in a civil war can violate the principle of non-interference), it is more important if the state has not given its consent for the use of armed force but is unwilling or unable to stop a non-state actor on its territory from potentially harming the interests of the acting state. In concrete terms - if Pakistan really hasn't consented to ongoing use of force...
05.02.13 | |

05 Feb

...assuming for the moment that the French consented to the action, and that the Contras were accepted as being "combatants" in the NIAC then raging in Nicaragua, would the killing be a legitimate act under LOAC? I am not so sure. The two assumptions in that hypothetical point to two other problems with the memo - (1) its treatment of the use of force against states "unwilling or unable" to prevent the activity of AQ and associated forces, which is just one of a number of problems in its analysis...
05.02.13 | |

06 Dec

DisillusionedWithEu The EU has been extremely unwilling to back hybrid/regional war crimes courts in the DRC, and only very reluctantly has been dragged into supporting the CAR hybrid war crimes court. The EU is spending alot of money to fund the Kosovo hybrid court, but in that situation, the ICC would never have temporal jurisdiction. Often, the EU's opposition to these mechanisms is based on their support to the ICC. They view regional mechanisms as 'unnecessary' or 'duplicative.' This is extremely myopic and fails to understand the reality of the...
06.12.16 | |

29 Nov

...life. The "much more effective" and "practical reach" you suggest would not stop this: http://www.telegraph.co.uk/news/worldnews/middleeast/yemen/7806882/US-cluster-bombs-killed-35-women-and-children.html Mario Lopez Such a conservative and pro-government stance...You say: "surely practical reach has got to considered at some point". Yes. But "practical reach" also means that we only want treaties that actually have the potential to practically change something. Rather than nice PR instruments of those governments that are unwilling to join solid treaties but still want to be seen as promoters of the good, while they continue to export, invest and employ cluster munition....
29.11.11 | |

02 Apr

...pointed out, it is based on territoriality (the act happened on the territory of a signatory) and nationality. This breaks down a bit though as the Security Counsel can refer cases to the prosecutor as well. Even in those instances, the ICC is not to exercise its jx in instances where the signatory state is already prosecuting (or reasonably decided to not prosecute) an alleged case. Only in instances where the state is unwilling or unable does the ICC step in. And, of course, the ICC has a limit of...
02.04.09 | |

18 Jan

...never 'official acts'. It would therefore appear that US courts will be, indeed have been, unwilling to accept a foreign official's claim of immunity even where international law would require that it be accepted. On the basis of these remarks, might I enquire what the role of the State Department will be in such a case. You note (if I may say so, to my great relief) that the executive does not necessarily agree with Chuidian, but you also say that 'L works to ensure that the FSIA is interpreted...
18.01.07 | |

25 Sep

...to realize. Although I don't know Mr. Wiley, I am hesitant to give his story so much credence without more information and evidence. Beyond that, I am unwilling to impugn the US representatives without knowing what they knew or could do about what was happening. Obviously, "said nothing" could imply many things. Saying what? To whom? Perhaps nothing was said; perhaps it was said and ignored...we just don't know. I only hope it is not what Mr. Wiley makes it out to be, recognizing that anything is possible. Best, John...
25.09.08 | |

13 Sep

...a charge of CAH, the Pope and other Vatican officials in question have (in addition to Vatican nationality?) the nationality of two ICC member states - Germany and Italy, which apparently failed to prosecute them. Germany and Italy are actually barred by their own domestic systems to prosecute the Pope, considering him a Foreign Head of State (unwilling AND unable). So I do not see the problem with jurisdiction ratione personarum. Of course, the problem is the contextual elements of CAH. Alexander Eichener I certainly disagree with Jon w.r.t. to...
13.09.11 | |