Search Results for: 2017-08-29

The ongoing conflict engulfing Israel and Palestine continues to raise significant issues of international law and policy. My earlier contribution focused on the jurisdiction and substantive law of the International Criminal Court (ICC). Here I address the ongoing litigation before the International Court of Justice (ICJ or Court). Because the crime of genocide can be [...]

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The current conflict engulfing Israel and Palestine raises significant issues of international law and policy. This is part one in an anticipated two-part series that will discuss some of the relevant legal questions before the International Criminal Court (ICC; Part I) and the International Court of Justice (ICJ; Part II).  With both courts located in [...]

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The exchange of information is a key driver of today’s digital economy. International trade cannot be performed without business owners’ ability to transfer data across national borders, and multinational enterprises’ (MNE) internal operation relies on the ability to move data among countries where they have business presence. Accordingly, data has come to the center of [...]

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“The man who laughs has simply not yet heard the horrible news.”          Berthold Brecht An Existential Task Until the end of his presidency –  and even after his open complicity in subverting the United States Constitution on January 6, 2021 – Donald J. Trump held effectively unchecked nuclear command authority. Now, after multiple criminal [...]

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Academicians, lawyers, elections officials, pundits and politicians are presently ensconced in the problem of Donald Trump’s continuing constitutional qualification for presidential office. Although he plainly meets Article II of the United States Constitution’s three qualifications – at least 35 years old, natural born citizen, sufficient residence in the United States – Trump arguably runs afoul [...]

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A man was shot Thursday in Espanola, New Mexico during a protest over the reinstallation of a statute of the conquistador Juan de Onate, who massacred and enslaved the Acoma Indigenous people in 1599. Juan de Onate was eventually charged with using “excessive force” against the Acoma people. According to the New Mexico State Police [...]

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The UK’s Brook House Inquiry published a report Tuesday detailing an investigation into the mistreatment of individuals detained at the Brook House Immigration Removal Centre in the UK. The inquiry, chaired by Kate Eves, was set up to investigate incidents at the centre that took place between April 1, 2017, and August 21, 2017. The [...]

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This article is the fourth in a series covering attacks on the rule of law. The rule of law is a political philosophy premised on the promise that all citizens, leaders, and institutions are accountable to the same laws, guaranteed through processes, practices, and norms that work together to support the equality of all citizens [...]

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“The existence of `system’ in the world is obvious to every observer of nature, no matter whom.” Pierre Teilhard de Chardin, The Phenomenon of Man (1959)           Whether conspicuous or obscure, terrorism generally presents itself as a systemic challenge. This means, inter alia, that seemingly singular strategic and legal matters may actually be many-sided and interrelated. Regarding legal issues, though [...]

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Within the past 12 months, Jacinda Ardern has resigned as New Zealand’s prime minister, former Australian PM Julia Gillard’s famous “misogyny speech” celebrated its tenth anniversary, and the high-profile retrial against Australian Liberal Party staffer Bruce Lehrmann for the alleged rape of colleague Brittany Higgins was dropped for posing a “significant and unacceptable risk” to [...]

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