Such an approach conceives of rule of law not merely as the process or result of enforcing the law, but as a social and political practice of promoting mutual respect and equality between different actors in the state and society. This people-centered justice and rule of law framework creates...
I learned a lot about the Chairman’s personal background, his family, his personal and professional networks, in particular involving his previous political service in unsuccessful constitutional reform endeavors in Mwai Kibaki’s first term, his law practice and work for the UN on Somalia. I l...
“The Union is founded on the values of respect for human dignity, liberty, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values, which are set out in Article I-2, are common to the Member States. Moreove...
In practice, even the exercise of these limited powers might be hampered. The legislation of a number states on the implementation of the ICC Statute into national law expressly excludes the operation of Article 99(4) of the ICC Statute. This amounts to a violation of their obligations under...
Notes 1. The Office of the Prosecutor placed great significance on several videos which depicted young soldiers, identified as Lubanga’s bodyguards, riding in the back of a truck, and well as footage of Lubanga himself addressing large crowds, including children, on the importance of the UPC...
Notes 1. Ratner2017, p 912. Article 38 of the Statute of the International Court of Justice sets out the sources of public international law, which includes both IHL and ICL, but Hilary Charlesworth observes that international law is “generated by a multi-layered process of interactions, inst...
The glossary has made it easy to place the standards adopted in proper perspective and also provides important clarifications. The Interpretative Notes are best described as a sort of common ground made to fit both common law and civil law countries. One important innovation, albeit not the ...
The present article discusses the “peace versus justice” dilemma in international criminal justice through the lenses of the respective legal (and political) theories of Judith Shklar and Hannah Arendt—two thinkers who have recently been described as theorists of international criminal law. The artic...
Human Rights and Civil Liberties in the 21st Century Susana SáCouto & Katherine Cleary Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice ((IUSGENT,volume 30)) 1663 Accesses Abstract The article analyzes certain aspects of the first judgment issued by the ...