Comments for The International Jurist http://www.theinternationaljurist.org Perspectives on International Law, Comparative Law, and Human Rights Sat, 07 Jan 2012 16:21:35 +0000 hourly 1 http://wordpress.org/?v=3.2.1 Comment on Libya: UNSC Refers the Situation to the International Criminal Court by Morten Low http://www.theinternationaljurist.org/2011/02/27/libya-unsc-refers-the-situation-to-the-international-criminal-court/#comment-1447 Morten Low Sat, 07 Jan 2012 16:21:35 +0000 http://www.theinternationaljurist.org/?p=1096#comment-1447 Thank you Xavier for an interesting view on the resolution. I know that the debate has cooled at bit down now that the subject is aging. I have one question that I would love your opinion on, the choice of words in Resolution 1970, more specific Para 5: Urges all states and concerned regional and international organizations... Why is URGES put in that sentence instead of for example demanding? Taking the UN charter art 25 into account: The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter. and art 47 and 48, would it not be a lot more efficient putting down an obligation for the memberstates to cooperate instead of an URGES? Morten Thank you Xavier for an interesting view on the resolution.
I know that the debate has cooled at bit down now that the subject is aging.
I have one question that I would love your opinion on, the choice of words in Resolution 1970, more specific Para 5: Urges all states and concerned regional and international organizations…
Why is URGES put in that sentence instead of for example demanding?
Taking the UN charter art 25 into account:

The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.

and art 47 and 48, would it not be a lot more efficient putting down an obligation for the memberstates to cooperate instead of an URGES?

Morten

]]> Comment on Libya: UNSC Refers the Situation to the International Criminal Court by Morten Low http://www.theinternationaljurist.org/2011/02/27/libya-unsc-refers-the-situation-to-the-international-criminal-court/#comment-1448 Morten Low Sat, 07 Jan 2012 16:21:35 +0000 http://www.theinternationaljurist.org/?p=1096#comment-1448 Thank you Xavier for an interesting view on the resolution. I know that the debate has cooled at bit down now that the subject is aging. I have one question that I would love your opinion on, the choice of words in Resolution 1970, more specific Para 5: Urges all states and concerned regional and international organizations... Why is URGES put in that sentence instead of for example demanding? Taking the UN charter art 25 into account: The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter. and art 47 and 48, would it not be a lot more efficient putting down an obligation for the memberstates to cooperate instead of an URGES? Morten Thank you Xavier for an interesting view on the resolution.
I know that the debate has cooled at bit down now that the subject is aging.
I have one question that I would love your opinion on, the choice of words in Resolution 1970, more specific Para 5: Urges all states and concerned regional and international organizations…
Why is URGES put in that sentence instead of for example demanding?
Taking the UN charter art 25 into account:

The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.

and art 47 and 48, would it not be a lot more efficient putting down an obligation for the memberstates to cooperate instead of an URGES?

Morten

]]> Comment on Libya: UNSC Refers the Situation to the International Criminal Court by Morten Low http://www.theinternationaljurist.org/2011/02/27/libya-unsc-refers-the-situation-to-the-international-criminal-court/#comment-1446 Morten Low Sat, 07 Jan 2012 16:10:26 +0000 http://www.theinternationaljurist.org/?p=1096#comment-1446 Thank you Thank you

]]> Comment on I’m Back by Arnaud A http://www.theinternationaljurist.org/2011/09/05/im-back/#comment-1331 Arnaud A Mon, 10 Oct 2011 17:24:27 +0000 http://www.theinternationaljurist.org/?p=1307#comment-1331 Dear Xavier, The blogosphere misses your posts. Get back ASAP ;) Dear Xavier,

The blogosphere misses your posts. Get back ASAP ;)

]]> Comment on I’m Back by Melanie http://www.theinternationaljurist.org/2011/09/05/im-back/#comment-1318 Melanie Sun, 25 Sep 2011 13:43:08 +0000 http://www.theinternationaljurist.org/?p=1307#comment-1318 Looking forward to reading more! Looking forward to reading more!

]]> Comment on International Law Confronted with a Bloodbath: Responsibility to Protect in Libya by Darvin http://www.theinternationaljurist.org/2011/02/23/international-law-confronted-with-a-bloodbath-responsibility-to-protect-in-libya/#comment-1307 Darvin Thu, 15 Sep 2011 06:43:57 +0000 http://www.theinternationaljurist.org/?p=1081#comment-1307 Alakazaam-information found, problem soelvd, thanks! Alakazaam-information found, problem soelvd, thanks!

]]> Comment on Mark Kersten on the ICC’s Involvement in Conflicts Which Preexisted Its Creation, and my Unannounced Blogging Hiatus by Bryn Higgs http://www.theinternationaljurist.org/2011/07/05/mark-kersten-on-the-iccs-involvement-in-conflicts-which-preexisted-its-creation-and-my-unannounced-blogging-hiatus/#comment-1306 Bryn Higgs Wed, 14 Sep 2011 14:14:25 +0000 http://www.theinternationaljurist.org/?p=1295#comment-1306 As a former peace worker in Northern Uganda and South Sudan I was struck by this discussion. I think it is important to realise just how partial the justice the ICC's approach is. It is indeed partial, in that not all LRA crimes will be tried. But it is also partial in that crimes only by the LRA and not the Ugandan Government will be tried. We should not forget that most - some figures I have seen suggest 90% - of the deaths in Northern Uganda in recent years have been due to the camps, for which the Government bears probably equal responsibility with the LRA - they started and systematically maintained the forced camps policy (I can supply evidenced references for anyone interested) . So the partiality of the ICC by its choice of indictees ignores the main causes of death post 2002, as well as all crimes before 2002. We should then additionally remember that one of the main motivations for the ICC's intervention was the plight of the abducted 'children' (they are not all children, but anyway...) who the LRA takes to use as fighters, and in other ways. But ICC enforcement has always been primarily military in this conflict - the war against the LRA; against their fighters, who are of course the abducted children. Even now, 'success' in the war is measured by ICC supporters in terms of how few LRA are left i.e. how few of the abducted children remain. (Again I can provide evidenced references for these dynamics). And finally, as before and after the ICC's intervention, there was and still is not any effective means to prevent abduction by the LRA, and as we know that has continued since the peace talks collapsed. So it is not even a case of finishing off those abducted youth who are already in the LRA, but of ICC enforcement being associated with the military process of trying to finish them off faster than the LRA can abduct and train more. It is a very distressing dynamic, that was present when Museveni sat down with Ocampo to announce the ICC's investigation, and it continues to this day. So justice for the individuals at the top of the LRA may one day be achieved, but at the expense of the human rights of many others who have no international visibility. The frame itself within which international justice operates is partial, and the military enforcement of international justice raises profound justice issues in itself. As a former peace worker in Northern Uganda and South Sudan I was struck by this discussion. I think it is important to realise just how partial the justice the ICC’s approach is. It is indeed partial, in that not all LRA crimes will be tried. But it is also partial in that crimes only by the LRA and not the Ugandan Government will be tried. We should not forget that most – some figures I have seen suggest 90% – of the deaths in Northern Uganda in recent years have been due to the camps, for which the Government bears probably equal responsibility with the LRA – they started and systematically maintained the forced camps policy (I can supply evidenced references for anyone interested) .

So the partiality of the ICC by its choice of indictees ignores the main causes of death post 2002, as well as all crimes before 2002.

We should then additionally remember that one of the main motivations for the ICC’s intervention was the plight of the abducted ‘children’ (they are not all children, but anyway…) who the LRA takes to use as fighters, and in other ways. But ICC enforcement has always been primarily military in this conflict – the war against the LRA; against their fighters, who are of course the abducted children. Even now, ‘success’ in the war is measured by ICC supporters in terms of how few LRA are left i.e. how few of the abducted children remain. (Again I can provide evidenced references for these dynamics).

And finally, as before and after the ICC’s intervention, there was and still is not any effective means to prevent abduction by the LRA, and as we know that has continued since the peace talks collapsed. So it is not even a case of finishing off those abducted youth who are already in the LRA, but of ICC enforcement being associated with the military process of trying to finish them off faster than the LRA can abduct and train more. It is a very distressing dynamic, that was present when Museveni sat down with Ocampo to announce the ICC’s investigation, and it continues to this day.

So justice for the individuals at the top of the LRA may one day be achieved, but at the expense of the human rights of many others who have no international visibility. The frame itself within which international justice operates is partial, and the military enforcement of international justice raises profound justice issues in itself.

]]> Comment on Osama Ben Laden’s Demise and the Urgent Need to Clarify the International Law of Counter-Terrorism by Deliberate Neglect to Human Rights: How Dare America to Say, “Justice Has Been Done”? « - INQUISITOR - http://www.theinternationaljurist.org/2011/05/11/osama-ben-ladens-demise-and-the-urgent-need-to-clarify-the-international-law-of-counter-terrorism/#comment-1304 Deliberate Neglect to Human Rights: How Dare America to Say, “Justice Has Been Done”? « - INQUISITOR - Wed, 14 Sep 2011 05:44:58 +0000 http://www.theinternationaljurist.org/?p=1284#comment-1304 [...] The International Jurist [...] [...] The International Jurist [...]

]]> Comment on Sri Lanka vs. UN: 1 – 0 by Manu Kodeck http://www.theinternationaljurist.org/2010/07/09/sri-lanka-vs-un/#comment-1298 Manu Kodeck Wed, 07 Sep 2011 11:42:30 +0000 http://internationaljurist.wordpress.com/?p=148#comment-1298 C'est via Mélanie Gouby http://melaniegouby.com/ que j'ai découvert votre blog. Bonne continuation. C’est via Mélanie Gouby http://melaniegouby.com/ que j’ai découvert votre blog.

Bonne continuation.

]]> Comment on Libya: UNSC Refers the Situation to the International Criminal Court by Libya Referred to the ICC – Initial Thoughts | Justice in Conflict http://www.theinternationaljurist.org/2011/02/27/libya-unsc-refers-the-situation-to-the-international-criminal-court/#comment-1296 Libya Referred to the ICC – Initial Thoughts | Justice in Conflict Tue, 06 Sep 2011 01:42:01 +0000 http://www.theinternationaljurist.org/?p=1096#comment-1296 [...] another great analysis, focussing on legal issues, check out Xavier Rauscher’s piece at The International Jurist. Advertisement LD_AddCustomAttr("AdOpt", "0"); [...] [...] another great analysis, focussing on legal issues, check out Xavier Rauscher’s piece at The International Jurist. Advertisement LD_AddCustomAttr("AdOpt", "0"); [...]

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