By: Kathleen Sargeant,
on 7/13/2015
Ten years after the UNSC’s referral of the situation in Darfur to the Prosecutor of the ICC, the sad reality is that all the main suspects still remain at large, shielded by their high position within the Government of Sudan.
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By: Alice,
on 5/29/2015
The factual backdrop to this affair is well-known. FIFA, world football’s governing body has, for a number of years, been the subject of allegations of corruption. Then, after a series of dawn raids on 27 May 2015, seven FIFA officials, of various nationalities, the most famous being Jack Warner, the Trinidadian former vice president of FIFA, were arrested in a luxury hotel in Zurich where they were staying prior to the FIFA Congress.
The post FIFA and the internationalisation of criminal justice appeared first on OUPblog.
By: Alice,
on 12/22/2014
Prometheus, a Titan god, was exiled from Mount Olympus by Zeus because he stole fire from the gods and gave it to mankind. He was condemned, punished, and chained to a rock while eagles ate at his liver. His name, in ancient Greek, means “forethinker “and literary history lauds him as a prophetic hero who rebels against his society to help man progress. The stolen fire is symbolic of creative powers and scientific knowledge. His theft encompasses risk, unintended consequences, and tragedy. Centuries later, modern times has another Promethean hero, Alan Turing. Like the Greek Titan before him, Turing suffers for his foresight and audacity to rebel.
The riveting film, The Imitation Game, directed by Morten Tyldum and staring Benedict Cumberbatch, offers us a portrait of Alan Turing that few of us knew before. After this peak into his extraordinary life, we wonder, how is it possible that within our lifetime, society could condemn to eternal punishment such a special person? Turing accepts his tragic fate and blames himself.
“I am not normal,” he confesses to his ex-fiancée, Joan Clarke.
“Normal?” she responds, angrily. “Could a normal man have shortened World War ll by two years and have saved 16 million people?”
The Turing machine, the precursor to the computer, is the result of his “not normal” mind. His obsession was to solve the greatest enigma of his time – to decode Nazi war messages.
In the film, as the leader of a team of cryptologists at Bletchley Park in 1940, Turing’s Bombe deciphered coded messages where German U-boats would decimate British ships. In 1943, the Colossus machine, built by engineer Tommy Flowers of the group, was able to decode messages directly from Hitler.
The movie, The Imitation Game, while depicting the life of an extraordinary person, also raises philosophical questions, not only about artificial intelligence, but what it is to be human. Cumberbatch’s Turing recognizes the danger of his invention. He feared what would happen if a thinking machine is programmed to replace a man; if a robot is processed by artificial intelligence and not by a human being who has a conscience, a soul, a heart.
Einstein experienced a similar dilemma. His theory of relativity created great advances in physics and scientific achievement, but also had tragic consequences – the development of the atomic bomb.
The Imitation Game will open Pandora’s box. Viewers will ponder on what the film passed over quickly. Who was a Russian spy? Why did Churchill not trust Stalin? What was the role of the Americans during this period of decrypting military codes? How did Israel get involved?
And viewers will want to know more about Alan Turing. Did Turing really commit suicide by biting into an apple laced with cyanide? Or does statistical probability tell us that Turing knew too much about too many things and perhaps too many people wanted him silent? This will be an enigma to decode.
The greatest crime from a sociological perspective, is the one committed by humanity against a unique individual because he is different. The Imitation Game will make us all ashamed of society’s crime of being prejudiced. Alan Turing stole fire from the gods to give to man power and knowledge. While doing so, he showed he was very human. And society condemned him for being so.
The post An enigma: the codes, the machine, the man appeared first on OUPblog.
By: Alice,
on 12/10/2014
What are the ties that bind us together? How can we as a global community share the same ideals and values? In celebration of Human Rights Day, we have asked some key thinkers in human rights law to share stories about their experiences of working in this field, and the ways in which they determined their specific focuses.
* * * * *
“My area of research is complementary forms of international protection, which is where international refugee law and international human rights law merge. Since the beginning of time, there has been an element of compassion in customary and religious norms justifying the acceptance of and assistance to persons banned from their communities or forced to leave their homes for reasons of poverty, natural disasters, or other reasons outside their control. Based on a general conviction that the alleviation of suffering is a moral imperative, many industralized countries included in their domestic migration practice the possibility to grant residence permits to certain categories of persons, who seemingly fall outside their international obligations, but who they considered to deserve protection and assistance because of a sense that this is what humanity dictates. In the past twenty years, many of these categories have become regulated and categorized as beneficiaries of protection, either through a broad interpretation of the refugee concept or through the adoption of new legislation confirming the domestic practice of States, such as the EC Qualification Directive. I find this to be a fascinating area of international law because, it shows how human rights and the notion of ‘humanitarianism’ (i.e. reasons of compassion, charity or need) have generated legal obligations to protect and assist aliens outside their country of origin.”
— Liv Feijen, Doctoral Candidate in international law at the Graduate Institute of International and Development Studies, and author of ‘Filling the Gaps? Subsidiary Protection and Non-EU Harmonized Protection Status(es) in the Nordic Countries’ in the International Journal of Refugee Law
* * * * *
“My work focuses on the forms and functions of the law when faced with contemporary mass crimes and their traces (testimony, archives, and the (dead) body). It questions the relationship between law, memory, history, science, and truth. To do so, I call into question the various legal mechanisms (traditional/alternative, judicial/extrajudicial) used in the treatment of mass crimes committed by the State and their heritage, especially at the heart of criminal justice (national and international), transitional justice, international human rights law, and constitutional law. In this context I have explored the close relationship between international criminal law and international human rights law. These two branches of law, that have distinct objects and goals, are linked by what they have in common: the protection of the individual. Their interaction culminated in the 90s when international criminal law, and in a larger sense transitional justice, boomed: an actual human rights turn took place with the strong mobilization of human rights in favour of the ‘fight against impunity’ of the gravest international crimes. At the heart of this human rights turn lays the consecration of a new human right, namely, the ‘right to the truth’, which is the object of my current research.”
— Sévane Garibian, Assistant Professor, University of Geneva, and lecturer, University of Neuchâtel, and author of ‘Ghosts Also Die: Resisting Disappearance through the ‘Right to the Truth’ and the Juicios por la Verdad in Argentina’ in the Journal of International Criminal Justice
* * * * *
“I decided early on to focus in my work on how rights perform when they are put under some kind of strain. That could be panic and fear emerging from a terrorist attack, or resource limitations at national or international level, or political structures that make effective enforcement of rights (un)feasible, for example. It seemed to me to be important to think about the resilience of the language and structures, as well as the law, of human rights because in the end of the day we rely on states to deliver rights in a meaningful way and this raises all sorts of challenges around legitimacy, will, embeddedness, international relations, domestic politics, legal systems, constitutional frameworks, and so on. These are factors that have to be accounted for when we think about what makes human rights law work as a means of ensuring human rights in practice; as a means of limiting the power of states to do as it wishes, regardless of the impact on individual and group welfare, dignity, and liberty. Thus, rather than specialise in any particular right per se, my interest is in frameworks of effective rights protection and understanding what makes them work, or makes them vulnerable, especially in times of strain or crisis.”
— Fiona de Londras, Professor of Law, Durham Law School, and author of ‘Declarations of Incompatibility Under the ECHR Act 2003: A Workable Transplant?’ in the Statute Law Review
* * * * *
“I have always been interested in the protection of individual rights from undue interference by executive authority. So, my scholarly roots arguably originate in classic social contractarianism. In my work, I have been mostly focusing on civil and political rights, whether in the context of constitutional law, criminal justice, or international (human rights) law. An important part of my research examines the (alleged) tension between ‘liberty’ and ‘security’ and explores how this tension plays out in both domestic and international contexts, often addressing the interface between the two dimensions. National security issues, such as terrorism, have featured prominently in my scholarship, but my human rights-related work also extends to the field of preventive justice, including questions relating to the post-sentence detention of ‘dangerous’ individuals for public safety purposes. A fascinating development that has captured my attention recently concerns the expansion of executive power of international organisations. International bodies such as the UN Security Council have become increasingly active in the administration and regulation of matters that once used to be the exclusive domain of States. This shift in governance functions, however, has not been accompanied by the creation of mechanisms to restrain or review the exercise of executive power. I suspect that it is in this area that much of my research will be carried out in the years ahead.”
— Christopher Michaelsen, Associate Professor, Faculty of Law, UNSW Australia, member of Australian Human Rights Centre, and author of ‘Human Rights as Limits for the Security Council: A Matter of Substantive Law or Defining the Application of Proportionality?’ in the Journal of Conflict and Security Law
* * * * *
“I specialize in the interaction between international financial markets and human rights, both in relation to (a) understanding international legal obligations relating to socio-economic rights in the context of financial processes and dynamics; and (b) the business and human rights debate as it applies to financial institutions. My focus on these areas resulted from an awareness that as the world economy globalised over the last twenty years, the financial markets changed beyond all recognition to become a predominant force shaping economic processes. Therefore, although they are generally seen as remote from immediate human rights impacts, they set the context of socio-economic rights enjoyment. The practical challenges involved in realising these rights can only be fully understood by accepting the way financial markets shape economic and policy making options, and outcomes for individuals. As this is a huge field of enquiry and many of the connections have not so far been extensively explored from a human rights point of view, my focus tends to be determined by (a) a desire to bring new areas of the financial markets into a human rights framework, and (b) a desire to respond to issues of importance as they arise, such as financial crisis and austerity.”
— Mary Dowell-Jones, Fellow, Human Rights Law Centre, University of Nottingham, and author of ‘Financial Institutions and Human Rights’ in the Human Rights Law Review
* * * * *
“My research covers a variety of human rights issues, however I have a particular interest in the analysis of domestic violence as a human rights issue. Domestic violence affects vast numbers of people in every state around the globe. The practice of domestic violence constitutes a breach of internationally recognised rights such as the right to be free from torture and inhuman or degrading treatment; the right to private and family life; and, in some circumstances, the right to life itself. However it is only relatively recently that domestic violence has been analysed through the lens of human rights law. For example, it is only since 2007 that judgments of the European Court of Human Rights have been issued which directly focus on domestic violence. Nevertheless, there is now an ever-increasing awareness of domestic violence as a human rights issue, and there have been a number of important recent developments, such as the adoption of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, which entered into force on 1 August 2014.”
— Ronagh McQuigg, lecturer in School of Law, Queen’s University Belfast, and author of ‘The Human Rights Act 1998—Future Prospects’ in the Statute Law Review
* * * * *
“Human rights discourse has been proliferating. Yet I feel that the proliferation of the discourse of human rights does not contribute to the success of implementing human rights on the ground. Perhaps one reason is that human rights scholarship and activism has great appeal to idealists and while idealists whom I admire are good in articulating ideals, they are less capable of carrying out these ideals. I believe that a major difficulty in implementing human rights is the costs of implementation. Human rights organizations may be justifiably appalled by police brutality and urge states to restructure their police forces, but such a restructuring is not costless and it may be detrimental to other urgent concerns including human rights concerns. The good intentions of activists and the scholarly work of theorists (to which I have been committed in the past) may ultimately turn out to be detrimental to the protection of human rights. What I think is urgently needed in order to carry out the lofty ideals is not more human rights scholarship but scholarship which will focus its attention on the best ways to implement the most urgent and basic humanitarian concerns. This is not what I have been doing in my own work but I am convinced it is what needs at this stage to be done. In doing so one ought to constrain idealism in favor of modest pragmatism. Ironically those who can most effectively pursue modest pragmatism are not human rights activists or theorists.”
— Alon Harel, Professor in Law, Hebrew University Law Faculty and Center for Rationality, and author of ‘Human Rights and the Common Good: A Critique’ in the Jerusalem Review of Legal Studies
* * * * *
“It had long been assumed that the best protection of human rights was a strong, Western-style democracy – if it came to the test, the people would always decide in favour of human rights. Recent developments, however, have challenged this assumption: human rights restrictions introduced after 9/11 in the United States and other Western democracies had strong popular support; the current British government’s plans to weaken (or even withdraw from) the ECHR system seem primarily designed to gain votes; Swiss voters have approved several popular initiatives that conflict with international human rights guarantees. Is the relationship between democracy and human rights not as symbiotic as it is often thought? Do direct democratic systems lend themselves more to tyranny of the majority than representative democracies? What is needed so that the human rights of those in the minority can be effectively protected? These, I believe, are among the most pressing questions that human rights lawyers must confront today.”
— Daniel Moeckli, Assistant Professor of Public International Law and Constitutional Law, University of Zurich, co-editor of International Human Rights Law, Second Edition
* * * * *
Headline image credit: Canvas Orange by Raul Varela via the Pattern Library.
The post Across the spectrum of human rights appeared first on OUPblog.
By: Alice,
on 10/27/2014
What is jihad? What do fundamentalists want? How will moderate Islamists react? These are questions that should be discussed. We may not have easy answers, but if we don’t start a dialogue, we may miss an opportunity to curtail horror.
The film Timbuktu from African director Abderrahmane Sassako about his native country serves as a needed point of departure for discussion — in government, in schools, in boardrooms, and in families.
Jihadism and terrorism are the 21st century’s “-isms,” following the horrors of fascism and communism. In hindsight, we wonder if we could have prevented the horrors of the 20th century. The devastating results have taught us that people do not want war; they want to live and work in peace. Should we not learn from history’s mistakes and prevent future genocides?
In the name of jihad, innocent victims are beheaded, kidnapped, raped, tortured, terrorized, left without families, and without homes. Extremist Muslims wage war against Christians and Jews, and against other Muslims (Sunnis vs. Shiites). Havoc is occurring in Syria, Iraq, Lebanon, Gaza, West Bank, Mali, Sudan, etc. It may soon take hold of our cities where jihadists threaten to set up terrorist cells.
Powerful and courageous, Timbuktu mesmerizes us with its blend of colors and music amidst a gentle background of sand dunes. Yet, juxtaposed to the serene beauty of Mali’s nature is the ferocious narrative of men turned into animals, forcing their machine guns on the quiet people of Timbuktu. We bear witness to the atrocious acts of barbarism.
Based on a true story when jihadists took over northern Mali in 2012, Sassako gives us a mosaic of characters who represent multi-cultural Africa. The camera takes us directly into their tragedies using a cause and effect structure:
These characters are not abstract; they are real victims. We follow their story, care for them, empathize with their pride, and suffer with their courage.
The contrast between good and evil, beauty and terror, are presented in alternating scenes and play havoc with our emotions. Sometimes we want to close our eyes as the evil becomes unbearable; we fear what horror will follow.
Sassako is a master storyteller and painter of landscape. His color palette holds our eyes as our hearts cringe at the story. Beautiful moments linger amidst savage reality. We see ballet in the scene when a dozen young men play soccer without a soccer ball. How graceful is their athletic movements and how deep their pleasure. We are mesmerized, and at the same time, we are panicked to think what the next scene will bring. The film’s power comes from its majestic beauty – a beauty that we fear cannot exist with the evil we are watching.
Sassako parallels the opening scene with the final scene. The film begins showing an elegant deer running through the soft dunes. It ends with the same scene, but the animal is replaced by the twelve-year-old heroine who runs desperately through the same dunes as she tries to escape her tragic reality. Sassako’s circle is a vicious cycle with no end to crimes against humanity.
Timbuktu is a difficult film to watch because it depicts a possible future that no one wants to see: genocide. All the more reason to see this film now.
Images courtesy of Les Films du WORSO
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By: Alice,
on 8/30/2014
Imagine that you’re watching a movie. You’re fully enjoying the thrill of different emotions, unexpected changes, and promising developments in the plot. All of a sudden, the projection is abruptly halted with no explanation whatsoever. You’re unable to learn how things unfold. You can’t see the end of the movie and you’re left with a sense of incompleteness you won’t ever be able to overcome.
Now imagine that movie is the existence of a human being which, out of the blue, is interrupted. Enforced disappearance cuts the life-flow of a person and it’s often impossible to discover how it truly ends. The secrecy that shrouds the fate of the disappeared is the distinctive element of this heinous practice and differentiates it from other crimes. All that you can imagine is that the end is not likely to be a happy one, but you will never give up hope. The impossibility to unveil the truth paralyses also the life of family members, friends, colleagues, and, to a certain extent, of society at large. If you don’t see the end, you’re unable to move on. You can’t grieve. You can’t rejoice. You’re trapped between hope and despair.
Today is the International Day of the Victims of Enforced Disappearances. Besides commemorating thousands of human beings who have been subjected to enforced disappearance throughout the world and honouring the memory of brave family members and human rights defenders who continue to combat against this scourge, is there anything to celebrate?
While the UN General Assembly decided to observe this Day beginning in 2011, associations of relatives of disappeared persons in Latin America had been doing so since 1981.
Over more than 30 years much has been done to eradicate enforced disappearance, both at domestic and international levels. Specific human rights bodies, such as the United Nations Working Group on Enforced or Involuntary Disappearances (WGEID) and the Committee on Enforced Disappearances (CED) have been established. Legal instruments, both of international human rights law and of international criminal law, deal with this crime in-depth and establish detailed obligations and severe sanctions. Regional human rights courts and UN Treaty Bodies have developed a rich, although not always coherent, jurisprudence. Domestic courts have delivered some landmark sentences, holding perpetrators accountable.
However, much remains to be done. First, the phenomenon has evolved: once mainly perpetrated in the context of military dictatorships, nowadays it is committed also under supposedly democratic regimes, and is being used to counter terrorism, to fight organised crime, or to suppress legitimate movements of civil protest. Enforced disappearance is practiced in a widespread and systematic manner in complex situations of internal armed conflict, as highlighted, among others, in the recent report “Without a Trace” concerning enforced disappearances in Syria.
During its latest session, held in February 2014, the WGEID transmitted 87 newly reported cases of enforced disappearance to 11 states. More than 43,000 cases, committed in a total of 84 states, remain under the WGEID’s active consideration.
Against this discouraging scenario, less than 15 states have codified enforced disappearance as an autonomous offence under their criminal legislation and thus lack the adequate legal framework to tackle this crime. Only a handful of states have adopted specific measures to regulate the legal situation of disappeared persons in field such as welfare, financial matters, family law and property rights. This causes additional anguish to the relatives of the disappeared and may also hamper investigation and prosecution. Amnesty laws or similar measures that have the effect of exempting perpetrators from any criminal proceedings or sanctions are in force in various countries and are in the process of being adopted in others. Recourse to military tribunals is often used to grant impunity.
States do not seem to be proactive in engaging in a serious struggle against enforced disappearance at the international level either. Opened for signature in February 2007, the International Convention on the Protection of All Persons from Enforced Disappearance has so far been ratified by 43 states, out of which only 18 have recognized the competence of the CED to receive and examine individual and inter-state communications.
Furthermore, states often fail to cooperate with international human rights mechanisms, hindering the fact-finding process, and proving reluctant in the enforcement of judgments. On their part, some of these international mechanisms, such as the European Court of Human Rights, narrowed their jurisprudence on enforced disappearance, undertaking a particularly restrictive approach when assessing their competence ratione temporis, when evaluating states’ compliance with their positive obligations to investigate on cases of disappearance, prosecute and sanction those responsible, and when awarding measures of redress and reparation.
One may wonder why 30 August was chosen by relatives of disappeared persons as the International Day against this crime. Purportedly, they picked a random date. They didn’t want it to be related to the enforced disappearance of anyone in particular: anyone can be subjected to enforced disappearance, anytime, and anywhere.
That was the idea back in 1981. Sadly, it still seems to be the case in 2014. It’s about time the obligations set forth in international treaties on enforced disappearance are duly implemented, domestic legal frameworks are strengthened, and legislative or procedural obstacles to investigation and prosecution are removed. It’s time to see the end of the movie. The end of enforced disappearance.
The post Time to see the end appeared first on OUPblog.
By: Alice,
on 7/16/2014
While human history is not without crime and slaughter, it is only in the twentieth century, especially following the Nuremberg and Tokyo trials, that people sought justice in the name of all humanity. To mark the World Day for International Justice we invited our authors and editors to answer the question: What do you consider to be the most important issue in international criminal justice today?
“The impression that international justice is a tool of powerful States directed against smaller, weaker, poorer, and more isolated countries and peoples is the greatest challenge to international criminal justice today. Some of these large, powerful nations are themselves guilty of terrible abuses that go unpunished. For example, the United States enthusiastically joins in efforts to prosecute Hissène Habré in Senegal under the Torture Convention, yet its administration has promised impunity to American leaders and military officials responsible for torture at Abu Ghraib, Guantanamo, and elsewhere. Until international justice satisfactorily addresses this double standard, there will be little satisfaction in more trials of the likes of Taylor, Lubanga, and Mladić. For this reason, the most inspiring development of the past year was the decision of the Prosecutor of the International Criminal Court to undertake a preliminary examination of the conduct of British forces in Iraq.”
— William Schabas, Professor of International Law, University of Middlesex, and author of Unimaginable Atrocities: Justice, Politics, and Rights at the War Crimes Tribunals (2014)
“In my view, it is time to begin to question whether the International Criminal Court will ever play a major role in the fight against impunity. This is not an issue of bad management, poor decision-making, or anything else epiphenomenal and potentially fixable. Instead, it’s a question of institutional design: it is simply unclear whether the Court, by aiming to keep watch over both the victors and the vanquished, will ever be able to muster the kind of international support – from states, and most importantly from the Security Council – that it needs to conduct credible investigations and prosecutions. There is reason for scepticism, given the Court’s inability to prosecute both rebels and government officials in even one conflict. Indeed, it’s difficult to avoid wondering: for all its flaws, is victor’s justice the only international criminal justice possible? Is selectivity an inherent part of an international criminal tribunal that works?”
— Kevin Jon Heller, Professor of Criminal Law, SOAS, University of London, and author of The Hidden Histories of War Crimes Trials (2013)
International Criminal Court (ICC) Haagse Arc. Photo by ekenitr. CC BY-NC 2.0 via 46774986@N02 Flickr.
“States need to overcome their alienation from international criminal justice. After the euphoria that allowed for the ‘Pinochet Saga’ to happen and led to the establishment of the International Criminal Court, states’ priorities, unfortunately, seem to have shifted – hardly surprising in times of financial crisis or mass surveillance. However, states still are and will ever be the backbone of the international criminal justice system – and this explicitly includes the so-called ‘third’ or ‘bystander’ states acting on the basis of universal jurisdiction. It’s in particular their role within the international criminal justice system that needs to be redefined by determining the parameters for complementarity and subsidiarity.”
— Julia Geneuss, Dr. iur., LL.M. (NYU), Senior Research Fellow and Lecturer at the University of Hamburg, and member of the Editorial Committee of the Journal of International Criminal Justice
“International criminal law has long chased the dream of permanence. Its foundations at Versailles and Nuremberg and its revival in the 1990s were acts of ad hockery, and in those contingent acts the failings of justice ad et post hoc were apparent; a permanent court, we though, might fix them. We have now had a decade and more of permanence, and with it a severe testing of that hope. Courts for Sierra Leone and Lebanon, and calls for more (like David Scheffer’s recent proposal for a third-party court for Syria), show that ad hoc, hybrid incentives did not disappear with the Rome Statute. The challenges to ICC jurisdiction in Kenya and Libya – and the increasingly assertive objections of African leaders – have exposed the illusion that we have devised a unitary, homogenous justice system suited to the varied needs of a notional international community. Global justice is ad hoc – permanently so.”
— Timothy William Waters, Professor of Law at Indiana University Maurer School of Law, and editor and co-author of The Milosevic Trial: An Autopsy (2014)
“Over past decades, international criminal justice has produced diverse political and social effects in the countries and communities where it intervened, either directly through investigations and trials or indirectly through the threat of investigations. But the international system is still at the beginning of a new era of interaction between domestic and international justice. International interventions remain contested because they are removed from broader socio-political concerns that are at the heart of societal priorities in conflict and post-conflict settings. Fundamental dimensions, such as the process of internalizing international concepts in the domestic realm, and most fundamentally, the ‘translation’ of justice into local concepts, language, or culture remain underdeveloped. There is need for a better nexus between three core dimensions in justice strategies: ‘institutional response’, ‘translation’, and domestic ‘reception’. Criticisms relating to selectivity, Western agendas or implicit biases of international justice are too easily discarded by quantitative justifications (e.g., gravity calculations), resource problems or formal notions of consent. This has created a push for new initiatives and responses at the domestic and regional level (e.g., criminal jurisdiction of the African Court on Human and Peoples’ Rights). International justice remains vital but needs to be re-thought. Core challenges include: (i) the need to devise accountability goals and models more carefully in light of their impact on local interests and realities of conflict, (ii) greater care in assessing the practicability and possibility of burden-sharing with domestic institutions, (iii) greater sensitivity to the empowering and disempowering effects of ICC intervention in situation countries, and (iv) the need for a better nexus between justice intervention and development strategies.”
— Carsten Stahn, Professor of International Criminal Law and Global Justice, Leiden University, and Editor of The Law and Practice of the International Criminal Court (2015), and Jus Post Bellum: Mapping the Normative Foundations (2014)
“The central issue confronting international criminal justice today is: at what level of governance should issues of global justice be decided? This question is confronted by the International Criminal Court but also more broadly as a global matter where there are evolving norms of universality which mean that serious crimes can be prosecuted in a number of jurisdictions, domestic, i.e. where the crime may have occurred but also in other countries where there are other ties, such as the nationality of victims, etc., or another nexus.
“The principle of ‘complementarity’ is appealing because it offers guidance in the general rule of the priority of the local, where the international plays a gap-filling role; namely in the language of the Rome treaty, contemplating international intervention only where the relevant state ‘is unwilling and unable’, i.e. where capacity to apply justice is unavailable and/or no will exists. In the words of the Rome Treaty Preamble, its aegis ‘shall be complementary to national criminal jurisdictions’, which is defined later on to mean that cases would be inadmissible internationally ‘unless the State is unwilling or unable genuinely to carry out the investigation or prosecution.’
“But the simplicity of the rule as stated belies the complexity of the normative question. Hence, recent illustrations raised by, for example, the referral of the Libya situation and case of Saif Quaddafi shows us that willingness without capacity for a fair trial can result in risking an international imprimatur on sham or show trials; and by contrast in the case of ICC prosecutions relating to Kenya’s post election violence, where capacity exists, without related willingness, in light of regime change, may well require dynamic evaluation of the timing of international judicial intervention. So long as there are no ongoing human rights violations.
“When it comes to global justice, what makes for institutional legitimacy may well be a relative matter, requiring a nuanced analysis in both law and politics.”
— Ruti G. Teitel, Ernst C. Stiefel Professor of Comparative Law, New York Law School, Visiting Fellow, London School of Economics, and author of Globalizing Transitional Justice: Contemporary Essays (2014), Humanity’s Law (Hardback 2011; Paperback 2013), and Transitional Justice (Hardback 2000; Paperback 2002)
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The post What are the most important issues in international criminal justice today? appeared first on OUPblog.
By: Alice,
on 7/7/2014
Film is a powerful tool for teaching international criminal law and increasing public awareness and sensitivity about the underlying crimes. Roberta Seret, President and Founder of the NGO at the United Nations, International Cinema Education, has identified four films relevant to the broader purposes and values of international criminal justice and over the coming weeks she will write a short piece explaining the connections as part of a mini-series. This is the final one, following The Act of Killing, Hannah Arendt, and The Lady.
One can say that Dr. Josef Mengele was the first survivor of Auschwitz, for he slipped away undetected in the middle of the night on 17 January 1945, several days before the concentration camp was liberated. Weeks later, he continued his escape despite being detained in two different Prisoner of War detention camps.
He made his way to Rome, a sanctuary for Nazi war criminals, where he obtained a new passport from Vatican officials. Continuing to Genoa with the help of the International Red Cross and a Fascist network, he embarked on the North King ship in 1949 to Buenos Aires under the alias of Helmut Gregor.
President Juan Peron had 10,000 blank Argentine passports for the highest Nazi bidders. Buenos Aires became their home; there Mengele lived, respected and comfortable, until 1960 when Eichmann was kidnapped by the Mossad just streets away. Afraid he’d be next, Mengele decided it would be safer for him in Paraguay with the support of the pro-Nazi dictator, Alfredo Stroessner. He stayed in Asunción for one year.
The Argentine film, The German Doctor (2014), takes us in media res to 1960 Patagonia and Bariloche, a beautiful mountain oasis in the Andes that reminds Mengele of “home.” This fictional addition to his biography, serves as a six-month stopover before he escapes to Paraguay.
Lucia Puenzo, Argentine filmmaker, has adapted her own novel, Wakolda, for the screen. She adroitly mixes fiction with history and truth with imagination in a tight, tense-filled interpretation that keeps us mesmerized. Yet, as we watch the scenes unfold, we wonder which ones are based on fact and how far should poetic justice substitute for historical accuracy.
The director takes advantage of our “collective conscience” of morality and memory regarding the identity of Dr. Mengele. Despite not once hearing his name, we know who he is, although the characters do not. The director uses our associating him with evil to enhance tension and catapult plot – a clever device that works well.
What is biographically accurate in the film is that Mengele continues his experiments on human beings in order to create the perfect race. The director uses this premise, then extrapolates to fiction and sets the stage with a family that Mengele befriends. The doctor sees an opportunity to experiment with charming Lilith, the under-developed twelve-year-old and injects into her stomach growth hormones that work for cattle. He also gives “vitamins” to the girl’s pregnant mother, Eva, once he realizes she is carrying twins. When the babies are born, he continues his experiments by putting sugar in the formula for the weaker of the two. As the infant cries dying and Mengele studies the reaction, we shudder that the Angel of Death has once again achieved Evil.
The experiments on people that Mengele is obsessed with in the film, is a continuation of his sadistic work at Auschwitz with pregnant women, twins, and genetics. His lab experiment on a mother who had just given birth was notorious. He taped her lactating breasts while taking notes on how long the infant would cry without receiving her milk. When he left for dinner, the distraught mother desperately found morphine for her dying baby.
Mengele was also known to inject dye into the iris of prisoners’ eyes (without anesthesia) to see if he could change the brown to an Aryan blue. He documented his results by pinning each eyeball to a wooden board.
And there were more experiments on thousands of human beings.
Josef Mengele, from 1943-45, appeared each day at Auschwitz’s train station for Selektion. Wearing white gloves, polished high black boots, and carrying a stick, his evil hand pointed Left and Right to order more than 400,000 souls to leave this world through chimneys as ashes. His crimes against humanity can never be forgotten.
After living more than 30 years undetected in South America, Mengele died in 1979 of a heart attack while swimming in the warm waters near São Paulo. This peaceful death for such a monster reinforces his ultimate crime. Film director, Lucia Puenzo, would have been well-inspired to have finished The German Doctor with this horrific and true scene.
Roberta Seret is the President and Founder of International Cinema Education, an NGO based at the United Nations. Roberta is the Director of Professional English at the United Nations with the United Nations Hospitality Committee where she teaches English language, literature and business to diplomats. In the Journal of International Criminal Justice, Roberta has written a longer ‘roadmap’ to Margarethe von Trotta’s film on Hannah Arendt. To learn more about this new subsection for reviewers or literature, film, art projects or installations, read her extension at the end of this editorial.
The Journal of International Criminal Justice aims to promote a profound collective reflection on the new problems facing international law. Established by a group of distinguished criminal lawyers and international lawyers, the journal addresses the major problems of justice from the angle of law, jurisprudence, criminology, penal philosophy, and the history of international judicial institutions.
Oxford University Press is a leading publisher in international law, including the Max Planck Encyclopedia of Public International Law, latest titles from thought leaders in the field, and a wide range of law journals and online products. We publish original works across key areas of study, from humanitarian to international economic to environmental law, developing outstanding resources to support students, scholars, and practitioners worldwide. For the latest news, commentary, and insights follow the International Law team on Twitter @OUPIntLaw.
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The post Poetic justice in The German Doctor appeared first on OUPblog.
By: Alice,
on 6/30/2014
Film is a powerful tool for teaching international criminal law and increasing public awareness and sensitivity about the underlying crimes. Roberta Seret, President and Founder of the NGO at the United Nations, International Cinema Education, has identified four films relevant to the broader purposes and values of international criminal justice and over the coming weeks she will write a short piece explaining the connections as part of a mini-series. This is the third one, following The Act of Killing and Hannah Arendt.
When Luc Besson finished filming The Lady in 2010, Aung San Suu Kyi had just been released from being under house arrest since 1989. He visited her at her home in Yagoon with a DVD of his film as a gift. She smiled and thanked him, responding, “I have shown courage in my life, but I do not have enough courage to watch a film about myself.”
The recurring tenet of the inspiring biographical film, The Lady, is exactly that: one woman’s courage against a military dictatorial regime. Each scene reinforces her relentless fight to overcome the inequities of totalitarianism.
Aung San Suu Kyi was born the third child of General Aung San, leader of Burma during World War ll and Father of Independence from British rule. He was assassinated in 1947 before he saw his country’s sovereignty in 1948. His daughter has dedicated her life to continue his legacy – to bring democracy to the Burmese people.
The film, The Lady, begins in Oxford 1988 where she is a housewife and mother of two sons. After setting the stage of happy domesticity, she receives a phone call from her mother’s caretaker in Burma that the older woman is dying. And so begins the action.
After 41 years, Suu Kyi returns home to a different world than she remembers. The country’s name is changed from Burma to Myanmar, Ragoon has become Yagoon, and a new capital, Naypidaw, has been carved out of a jungle. Students are demonstrating and being killed in the streets of Yagoon while General Ne Winn rules with an iron fist. Suu Kyi is soon asked by a group of professors and students to form a new party, the National League for Democracy. She campaigns to become their leader.
French director, Luc Besson, was not allowed to film in Myanmar. Instead, he chose Thailand at the Golden Triangle, where Myanmar, Laos, and Thailand merge in a beautiful mountainous landscape. Most of his interior scenes, however, take place at the Lady’s house on Inya Lake in Yagoon, which Luc Besson recreated with help from Google Earth and computers. The Chinese actress, Michelle Yeoh, plays Suu Kyi, with perfectly nuanced facial and body expressions that are balanced with a subtle combination of emotion and control. But the Burmese, who were initially not allowed by the government to see the film, resented a Chinese actress portraying their icon. Even the police chased Ms. Yeoh from Myanmar when she tried to pay her respects to the Lady.
The film adheres closely to history and biography, which are inherently compelling. The director did not need to borrow from fiction to enhance his portrait of a brave, self-sacrificing woman. Luc Besson is a master filmmaker, and we see in the characters of his strong women, like Nikita (1990) and The Lady, the power of will and determination that go beyond limits to become personality cults.
The film depicts how Suu Kyi wins 59% of the votes in the general election of 1990, but instead of leading Parliament as Prime Minister, she has already been forced and silenced under house arrest by the Military where she stays for more than 15 years and three times in prison until 2010.
The Lady is a heart-breaking story of a woman’s personal sacrifice to free her people from the Military’s crimes against humanity. In 2012, once free and allowed to campaign, she won 43 seats in Parliament for her party, but this is only 7% of seats. She will campaign again in 2015 despite the Military’s opposition and a Constitution that has already been amended to block her from winning.
In Luc Besson’s film, we see a beautiful woman of courage and heart, a personage deserving the adulation of her people. “She is our hope,” they all agree. “Hope for Freedom.”
Roberta Seret is the President and Founder of International Cinema Education, an NGO based at the United Nations. Roberta is the Director of Professional English at the United Nations with the United Nations Hospitality Committee where she teaches English language, literature and business to diplomats. In the Journal of International Criminal Justice, Roberta has written a longer ‘roadmap’ to Margarethe von Trotta’s film on Hannah Arendt. To learn more about this new subsection for reviewers or literature, film, art projects or installations, read her extension at the end of this editorial.
The Journal of International Criminal Justice aims to promote a profound collective reflection on the new problems facing international law. Established by a group of distinguished criminal lawyers and international lawyers, the journal addresses the major problems of justice from the angle of law, jurisprudence, criminology, penal philosophy, and the history of international judicial institutions.
Oxford University Press is a leading publisher in international law, including the Max Planck Encyclopedia of Public International Law, latest titles from thought leaders in the field, and a wide range of law journals and online products. We publish original works across key areas of study, from humanitarian to international economic to environmental law, developing outstanding resources to support students, scholars, and practitioners worldwide. For the latest news, commentary, and insights follow the International Law team on Twitter @OUPIntLaw.
Subscribe to the OUPblog via email or RSS.
Subscribe to only law articles on the OUPblog via email or RSS.
The post The Lady: One woman against a military dictatorship appeared first on OUPblog.
By: Alice,
on 6/23/2014
Film is a powerful tool for teaching international criminal law and increasing public awareness and sensitivity about the underlying crimes. Roberta Seret, President and Founder of the NGO at the United Nations, International Cinema Education, has identified four films relevant to the broader purposes and values of international criminal justice and over the coming weeks she will write a short piece explaining the connections as part of a mini-series. This is the second one, , following The Act of Killing.
The powerful biographical film, Hannah Arendt, focuses on Arendt’s historical coverage of Adolf Eichmann’s trial in 1961 and the genocide of six million Jews. But sharing center stage is Arendt’s philosophical concept: what is thinking?
German director, Margarethe von Trotta, begins her riveting film with a short silent scene — Mossad’s abduction of Adolf Eichmann in Buenos Aires, the ex-Nazi chief of the Gestapo section for Jewish Affairs. Eichmann was in charge of deportation of Jews from all European countries to concentration camps.
Margarethe von Trotta’s and Pam Katz’s brilliant screen script is written in a literary style that covers a four-year “slice of life” in Hannah Arendt’s world. The director invites us into this stage by introducing us to Arendt (played by award-winning actress Barbara Sukova), her friends, her husband, colleagues, and students.
As we listen to their conversations, we realize that we will bear witness not only to Eichmann’s trial, but to Hannah Arendt’s controversial words and thoughts. We get multiple points of view about the international polemic she has caused in her coverage of Eichmann. And we are asked to judge as she formulates her political and philosophical theories.
Director von Trotta continues her literary approach to cinema by using flashbacks that take us to the beginning of Arendt’s university days in Marburg, Germany. She is a Philosophy major, studying with Professor Martin Heidegger. He is the famous Father of Existentialism. Hannah Arendt becomes his ardent student and lover. In the first flashback, we see a young Arendt, at first shy and then assertive, as she approaches the famous philosopher. “Please, teach me to think.” He answers, “Thinking is a lonely business.” His smile asks her if she is strong enough for such a journey.
“Learn not what to think, but how to think,” wrote Plato, and Arendt learns quickly. “Thinking is a conversation between me and myself,” she espouses.
Arendt learned to be an Existentialist. She proposed herself to become Heidegger’s private student just as she solicited herself to cover the Eichmann trial for The New Yorker. Every flashback in the film is weaved into a precise place, as if the director is Ariadne and at the center of the web is Heidegger and Arendt. From flashback to flashback, we witness the exertion Heidegger has on his student. As a father figure, Heidegger forms her; he teaches her the passion of thinking, a journey that lasts her entire life.
Throughout the film, in the trial room, in the pressroom, in Arendt’s Riverside Drive apartment, we see her thinking and smoking. The director has taken the intangible process of thinking and made it tangible. The cigarette becomes the reed for Arendt’s thoughts. After several scenes, we the spectator, begin to think with the protagonist and we want to follow her thought process despite the smoke screen.
When Arendt studies Eichmann in his glass cell in the courtroom, she studies him obsessively as if she were a scientist staring through a microscope at a lethal cancer cell on a glass slide. She is struck by what she sees in front of her – an ordinary man who is not intelligent, who cannot think for himself. He is merely the instrument of a horrific society. She must have been thinking of what Heidegger taught her – we create ourselves. We define ourselves by our actions. Eichmann’s actions as Nazi chief created him; his actions created crimes against humanity.
The director shows us many sides of Arendt’s character: curious, courageous, brilliant, seductive, and wary, but above all, she is a Philosopher. Eichmann’s trial became inspiration for her philosophical legacy, the Banality of Evil: All men have within them the power to be evil. Man’s absence of common sense, his absence of thinking, can result in barbarous acts. She concludes at the end of the film in a form of summation speech, “This inability to think created the possibility for many ordinary men to commit evil deeds on a gigantic scale, the like of which had never been seen before.”
And Eichmann, his summation defense? It is presented to us by Willem Sassen, Dutch Fascist and former member of the SS, who had a second career in Argentina as a journalist. In 1956 he asked Eichmann if he was sorry for what he had done as part of the Nazis’ Final Solution.
Eichmann responded, “Yes, I am sorry for one thing, and that is I was not hard enough, that I did not fight those damned interventionists enough, and now you see the result: the creation of the state of Israel and the re-emergence of the Jewish people there.”
The horrific acts of the Nazis speak for themselves. Director von Trotta in this masterpiece film has stimulated us to think again about genocide and crimes against humanity, their place in history as well as in today’s world.
, Roberta has written a longer ‘roadmap’ to Margarethe von Trotta’s film on Hannah Arendt. To learn more about this new subsection for reviewers or literature, film, art projects or installations, read her extension at the end of this editorial.Roberta Seret is the President and Founder of International Cinema Education, an NGO based at the United Nations. Roberta is the Director of Professional English at the United Nations with the United Nations Hospitality Committee where she teaches English language, literature and business to diplomats. In the Journal of International Criminal Justice
The Journal of International Criminal Justice aims to promote a profound collective reflection on the new problems facing international law. Established by a group of distinguished criminal lawyers and international lawyers, the journal addresses the major problems of justice from the angle of law, jurisprudence, criminology, penal philosophy, and the history of international judicial institutions.
Oxford University Press is a leading publisher in international law, including the Max Planck Encyclopedia of Public International Law, latest titles from thought leaders in the field, and a wide range of law journals and online products. We publish original works across key areas of study, from humanitarian to international economic to environmental law, developing outstanding resources to support students, scholars, and practitioners worldwide. For the latest news, commentary, and insights follow the International Law team on Twitter @OUPIntLaw.
Subscribe to the OUPblog via email or RSS.
Subscribe to only law articles on the OUPblog via email or RSS.
The post Hannah Arendt and crimes against humanity appeared first on OUPblog.
