In association with the International Commission of Jurists

Search: unwilling or unable

24 Aug

...may be criminal and the state trying to prosecute or regulate it within its Constitutional role? There may be interesting federalism dynamics to be kept in mind also here. If the feds were unwilling to prosecute but a relevant state law could reach the behavior would be a classic case. One of the interested points being the autonomy of the state prosecutor function vis a vis the federal prosecutor function even if subject to the control of the Federal Courts. Best, Ben Jordan Response... Yes, yes, and regarding the many...
24.08.11 | |

15 Oct

...Hmmmm. "Mihai Martoiu Ticu" peel me a grape! What? You are unwilling to peel me a grape and there is no way I can force you to do so? What kind of lame American Hegemony is this? I shall complain to the Management! Alan The defining decrease in "international law" was the fall of the Soviet Union. The UN was nothing but a political forum for the East and West to jockey for position. The Cold War created a sharp bilateral divide in the world and suppressed hundreds of years...
15.10.11 | |

25 Jan

...lose, I will stand convicted of a crime, branded a criminal. The complainant will not enjoy a windfall as in London, but considerable moral satisfaction. The chilling effect on book reviewing well beyond France will be considerable. I disagree with Weiler about one thing. A conviction, which I hope is unlikely, will not brand him a criminal. There will be no shame or harm to his reputation. Indeed, I feel nothing but admiration for Weiler’s courage — particularly his unwillingness to contest the French court’s jurisdiction or to engage with...
25.01.11 | |

07 May

...specifically under Am. V, 'nor be deprived of life, liberty, or property, without due process of law[.]' Yes, I am unwilling to state that the Constitution is inapplicable to a McVeigh, or for that matter a Johnny Walker Lindh or a James Yee (the former Army Chaplain treated as enemy combatant held in solitary confinement for over 2 months). I admit the issue gets murkier in time of insurrection, rebellion or invasion. That said, having 'solid evidence of his intentions' McVeigh would be plainly subject to arrest under the law...
07.05.08 | |

08 Feb

...avoids prosecuting its own officials and soldier for anything of consequence. It also undermines what is, I think, one of the few legitimate US concerns about the ICC -- namely, that although the Rome Statute is based on the principle of complementarity, the Court has the final say over whether a state is "willing" to prosecute its own nationals. Given how evidently unwilling the US is to do so, the US position seems -- wrongly -- like little more than a demand for the right to act (or not act)...
08.02.08 | |

02 May

...there any evidence that any Member would baulk at the possibility of precedent? Roger Alford I agree with you. My post is a little tongue-in-cheek. Obviously the principal role of the Appellate Body in the WTO dispute settlement process is to secure uniformity in interpretation of laws. I find it curious that the WTO Appellate Body is not willing to call itself a court and is unwilling to call its decisions "precedent." So instead we have "Appellate Body Members" who render "reports" that "are not binding" but must be followed....
02.05.08 | |

12 Sep

...act in self-defence against a non-state actor on the territory of another state, if that second state is unwilling or able to take reasonably necessary measures to alleviate the threat posed by the non-state actor to the first state. This is supposedly one legal justification for ongoing operations in NW Pakistan (though in that particular case the Pakistanis have given considerable assistance and almost certainly their tacit consent). So far the Libyans seem to be genuinely shocked and outraged, and more than willing to cooperate. Second, the idea that supporting...
12.09.12 | |