Fuente: Int Law Grrls
ICC Prosecutor on “Children and International Criminal Justice”
This silver anniversary of the Convention on the Rights of the Child seems a fitting day to report on the “Children & International Criminal Justice,” the conference that brought to Athens, Georgia, more than 2 dozen experts from as far away as Doha, Kinshasa, and The Hague.
The experts met on October 28 at my home institution, the University of Georgia School of Law, to discuss, in a plenary session and in workshops, the experiences of children during armed violence, as well as the treatment of children and children’s issues by international criminal justice mechanisms. (Prior post) The conference served as one of several consultations being undertaken by the International Criminal Court Office of the Prosecutor as part of its preparation of a Policy Paper on Children – a process I am honored to assist as ICC Prosecutor Fatou Bensouda‘s Special Adviser on Children in and affected by Armed Conflict.
A centerpiece of the day was the keynote speech delivered by Prosecutor Bensouda (above). She began with a quote from a renowned humanitarian:
The Great Nelson Mandela once said: ‘We owe our children, the most vulnerable citizens in our society, a life free of violence and fear.’
Bensouda then urged the assembly, which included hundreds of professors and students, members of her staff, and representatives of nongovernmental organizations and U.N. agencies:
We must indeed pool our efforts, expertise and energies to advance the rights of children and to shield them from harm in times of conflict.
She detailed the efforts of her Office on behalf of children – including the successful prosecution of former Congolese militia leader Thomas Lubanga Dyilo on child-soldiering charges, as well as the current prosecution of his erstwhile co-accused, Bosco Ntaganda, on additional charges of sexual violence against children in his militia. Conviction in the latter case, Bensouda said, would
represent an important, pioneering clarification of the protection international humanitarian law offers to children and the victims of sexual violence in situations of armed conflict.
The Prosecutor underscored her Office’s commitment to the Children’s Convention’s 4 “guiding principles” when she said:
We are also committed of respecting the rights of children with whom we interact in the course of our investigative and prosecutorial work, including their right to be heard and to have their best interests treated as a primary consideration.
Fuente: International Law Reporter
Tourme Jouannet: A Short Introduction to International Law
Emmanuelle Tourme Jouannet (Sciences Po – Law) has published A Short Introduction to International Law (Cambridge Univ. Press 2014). Here’s the abstract:
In our globalised world the sources and actors of international law are many and its growth prolific and disorderly. International law governs the actions of states on matters as long-established as diplomatic immunity or as recent as the War on Terror, and it now impacts upon the lives of ordinary citizens in areas as diverse as banking and investment, public health and the protection of the environment. In this accessible introduction Emmanuelle Tourme Jouannet explains the latest developments in international law in the light of its history and culture, presenting it as an instrument both for dominance and for change that adjusts and balances the three pillars of the United Nations Charter: the prohibition of the use of force; economic, social and sustainable development; and human rights.
Fuente: International Law Reporter
Strong: Use and Perception of International Commercial Mediation and Conciliation
S.I. Strong (Univ. of Missouri – Law) has posted Use and Perception of International Commercial Mediation and Conciliation: A Preliminary Report on Issues Relating to the Proposed UNCITRAL Convention on International Commercial Mediation and Conciliation. Here’s the abstract:
This report provides preliminary findings from the first-ever large-scale international survey regarding the use and perception of international commercial mediation and conciliation in the international legal and business communities. This information was gathered to assist the United Nations Commission on International Trade Law (UNCITRAL) and UNCITRAL Working Group II (Arbitration and Conciliation) as they consider a proposal from the Government of the United States regarding a possible convention in this area of law. The U.S. proposal will be considered in depth at the Working Group II meeting in February 2015, with a report from the Working Group due to the Commission in September 2015.
The project was constructed with two goals in mind. First, the study attempted to discover and describe current behaviors and attitudes relating to international commercial mediation and conciliation so as to set a benchmark for further analysis in this field. Second, the research attempted to determine whether the legal and business communities thought an international instrument in this area of law would be useful and if so, what shape they believed that document should take.
The study collected detailed data on 34 different questions from 221 respondents from all over the world. Survey participants included private practitioners, neutrals, in-house counsel, government lawyers, academics and judges with expertise in both domestic and international proceedings. The results described in this preliminary report will eventually be published in an article that will not only present an expanded final analysis of the underlying data but will also feature several normative proposals regarding the shape of any future international action in this area of law. However, this preliminary report is being offered early so as to provide participants in the UNCITRAL discussion with empirical data concerning the current state of international commercial mediation and conciliation as well as the international business and legal communities’ views about the future of the procedure.
Fuente: International Law Reporter
Singh & Mayer: Critical International Law: Postrealism, Postcolonialism, and Transnationalism
Prabhakar Singh (National Univ. of Singapore – Law) & Benoît Mayer (National Univ. of Singapore – Law) have published Critical International Law: Postrealism, Postcolonialism, and Transnationalism (Oxford Univ. Press 2014). Contents include:
• Simon Chesterman, Foreword
• Prabhakar Singh & Benoît Mayer, Thinking International Law Critically: One Attitude, Three Perspectives
• Hengameh Saberi, Descendants of Realism? Policy-oriented International Lawyers as Guardians of Democracy
• John R. Morss, Riddles of the Sands: Time, Power, and Legitimacy in International Law
• Rossana Deplano, The Welfarist Approach to International Law: An Appraisal
• Prabhakar Singh, Revisiting the Role of the International Courts and Tribunals?
• Antony Anghie, Towards a Post-colonial International Law
• José-Manuel Barreto, A Universal History of Infamy: Human Rights, Eurocentrism, and Modernity as Crisis
• Mark Toufayan, ‘Suffering’ the Paradox of Rights? Critical Subaltern Historiography and the Genealogy of Empathy
• Benoît Mayer, The ‘Magic Circle’ of Rights Holders: Human Rights’ Outsiders
• Frédéric Mégret, The Rise and Fall of ‘International Man’
• Owen McIntyre, The Human Right to Water as a ‘Creature’ of Global Administrative Law
• Rene Urueña, Of Precedents and Ideology: Law-making by Investment Arbitration Tribunals
• Prabhakar Singh & Sonja Kübler, Constitutionalism and Pluralism: Two Ways of Looking at Internationalism
• Sébastien Jodoin & Katherine Lofts, What’s Critical about Critical International Law? Reflections on the Emancipatory Potential of International Legal Scholarship
Fuente: International Law Report
Trachtman: The Obsolescence of Customary International Law
Joel P. Trachtman (Tufts Univ. – Fletcher School of Law and Diplomacy) has posted The Obsolescence of Customary International Law. Here’s the abstract:
At a time when the world needs more, and more complex, international legal rules and institutions to address major cooperation problems, customary international law (“CIL”) has several important limitations: (i) it cannot be made in a coordinated manner in advance of events, (ii) it cannot be made with sufficient detail, (iii) it cannot be made with sufficiently heterogeneous reciprocity between states, (iv) it cannot be made with specifically-designed organizational support, (v) it is generally not subject to national parliamentary control, (vi) it purports to bind states that did not consent but failed to object to its formation, and (vii) it provides excessive space for auto-interpretation by states, or for sometimes insufficiently disciplined interpretation by judges.
Treaty, and legislation produced by international organization voting, can perform better on all of these dimensions. Today, the vast majority of rules of CIL are codified: of 300 identified rules of CIL, only 13 have not been codified either in treaties or in International Law Commission instruments. To a remarkable extent, due to the growth of treaty law incorporating the same norms, if CIL were abolished today, most of the international legal system would remain intact. Although I cannot prove that the rise of treaty rules has resulted from the factors discussed above, those factors are a good set of reasons why states might have determined to produce treaties that include, but are not limited to, the rules that exist in CIL.