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1. The Effects of COVID-19 For Refugees and Asylum Seekers in the European Union

Author:
Romy De Niet
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
The global COVID-19 pandemic (COVID-19) has disrupted the status quo in member states of the European Union (EU). With a halt on public events, closed schools, and people working from home, the lives of many have changed in a short amount of time. Refugees and asylum seekers are among the world’s most vulnerable populations, and are likely to be disproportionately affected by the pandemic. This blog post elaborates on the different ways EU member states deal with the COVID-19 crisis and the consequences for refugees and asylum seekers. Discussed are the effects of the pandemic on the processing of asylum applications, the right to health, and rescue at sea. The blog post further discusses how the practises of these states relate to international law.
Topic:
European Union, Refugees, Asylum, Pandemic, and COVID-19
Political Geography:
Europe

2. The Un-Evident Victims of Armed Conflict: Humanitarian Workers

Author:
Tamia Brito
Publication Date:
08-2020
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
n the increasingly complex realm of armed conflict, the impact of armed encounters has expanded beyond the parties to the conflict and the civilian population. There is a deteriorating situation for humanitarian workers as they have become direct targets of organized violence, despite the protection that international law has provided for them. Both International Humanitarian Law (IHL) and International Criminal Law (ICL) have established special protection to personnel providing input and services to the civilian population affected by armed conflict. However, the difference between theory and practice can be rather large. The humanitarian mission is being limited in the field by novel risks brought by armed conflicts. This blog post discusses the achievements of international law in providing special protection to humanitarian aid personnel as part of global recognition of the humanitarian endeavor. It also addresses factual information regarding humanitarian workers, illustrating the risks they experience in the field. To conclude, this blog post exhibits responses that the international community is implementing to mitigate the discrepancy between law and practice. World Humanitarian Day (August 19th) may be an opportunity to remember the relevance of this particular issue and encourage further efforts towards its solution.
Topic:
Humanitarian Intervention, Violence, Humanitarian Crisis, and Armed Conflict
Political Geography:
Global Focus

3. International Criminal Liability in the Age of Social Media: Facebook's Role in Myanmar

Author:
Isabella Banks
Publication Date:
02-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
Criminal liability in international law is unique from that of most national legal systems in that it extends to those physically distant from the crime. International law’s expanded notions of criminal liability and commission are what have made it possible for justice institutions – first the Nuremberg International Military Tribunal (IMT) in 1945 and now the International Criminal Court (ICC) – to hold high-level perpetrators who order, plan, coordinate, or facilitate mass atrocities from afar accountable for their actions. A question that international legal authorities have largely left unanswered is how this expanded notion of criminal liability might be applied in the age of global online networks and in particular, social media. There is mounting evidence that in addition to helping us stay connected and “bring the world closer together,” social media platforms are being used to proliferate ideas that result in real-world violence.
Topic:
Crime, International Cooperation, Violence, and International Criminal Court (ICC)
Political Geography:
Myanmar and Global Focus

4. Domestic Prosecution of International Crimes

Author:
Cleo Meinicke
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
In October 2018, the Bosnian state court indicted a former soldier of crimes against humanity for his involvement in the murder and enforced disappearance of civilians in the Kljuc area. In September of that year, a German court convicted Ibrahim Al F. for war crimes committed in Syria and in the same month a military tribunal in the Democratic Republic of the Congo found two military commanders guilty of crimes against humanity committed in the villages of Kamananga and Lumenje (South Kivu). These are just three recent examples of domestic efforts in the prosecution of those responsible for international crimes. Based on the complementarity principle of the International Criminal Court (ICC), where states are “unwilling or unable” to prosecute international crimes, the ICC may step in to prosecute those most responsible for the commission of the crimes under its jurisdiction, namely genocide, crimes against humanity, war crimes, and the crime of aggression. However, out of 28 cases before the Court since its inception in 2001 only three resulted in successful convictions. Several suspects were acquitted after lengthy proceedings, of which Gbagbo and Blé Goudé are the latest examples. Therefore, the ICC should be regarded as a last resort while domestic courts carry the main responsibility to prosecute those responsible for international crimes.
Topic:
Crime, International Law, Crimes Against Humanity, and International Criminal Court (ICC)
Political Geography:
Africa, Europe, Germany, Democratic Republic of Congo, and Bosnia and Hercegovina

5. To Be Genocide or Not to Be Genocide, That Is the Question

Author:
Phedra Neel
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
Between the 7th and 10th February 2019, Human Rights Watch organized, in cooperation with De Balie, the seventh edition of the Human Rights Weekend. This year’s topic was “Where do I stand” and invited the attendees to think about how they are (in)directly involved in human rights violations and how they can contribute in ending these violations. The program consisted of masterclasses, lectures, and documentaries. One of these documentaries showed the incredible story of Nadia Murad. Nadia is a Yazidi girl, who witnessed her community being murdered by ISIS. She was later captured herself and forced to become a sex slave. Today she is known as the most recent Nobel peace Prize winner for her global advocacy campaign to fight for the rights of the Yazidi. This campaign consists of addressing heads of states and governments, asking for help for the survivors and for the attack on her people to be considered as genocide. Whereas some states have indeed passed legislation that recognizes the events as genocide, others refuse to do so until the United Nations (UN) itself officially uses the word genocide to describe the atrocities.
Topic:
Genocide, Human Rights, Crimes Against Humanity, and International Criminal Court (ICC)
Political Geography:
Global Focus

6. Humanitarian Reality in Columbia: Saving Lives and Safeguarding the Future of Peace

Author:
Francisca De Castro
Publication Date:
11-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
ince the 1960s, Colombia has been faced with a situation of armed violence that has plunged the country in insecurity and crisis. Groups of farmers had created self-defense militias, which later turned into guerrilla groups, over agrarian disputes with the government. The violence turned into a conflict between state forces, paramilitary groups, and guerrilla groups such as the Revolutionary Armed Forces (FARC), amongst others. In 2016, the Colombian government and the FARC signed a peace agreement which put an end to more than 60 years of civil war. However, three years later, the humanitarian reality in Colombia is still far from resolved. The International Committee of the Red Cross (ICRC) reported that the humanitarian situation in Colombia had in fact decayed in 2018. According to the ICRC, this was a consequence of the five remaining armed conflicts with other groups that were running in parallel, and the ineffective state response to these conflicts in certain rural communities, such asthe Catatumbo and the Cauca regions.
Topic:
Agriculture, Violence, Peace, and Humanitarian Crisis
Political Geography:
Colombia and South America

7. Basis and Implications of the ICC's Ruling Against Myanmar

Author:
Tanushree Nigam
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
n a major decision, the International Criminal Court ruled on September 6, 2018 that the Court may exercise jurisdiction over the crime of alleged deportation of the Rohingyas from Myanmar to Bangladesh. The Pre-Trial Chamber accepted the OTP’s argument that the Court may exercise jurisdiction over the crime of cross border deportation of Rohingyas even though the alleged crime had been committed in Myanmar which is not a State Party. The Pre-Trial Chamber stated that this could be done as some “elements of the crime” had taken place in the territory of Bangladesh, which is a State Party. This judgment makes a towering statement that ICC’s jurisdiction is objective rather than subjective in nature. In this post, I discuss the basis and implications of the Chamber’s findings.
Topic:
Legal Theory, International Criminal Court (ICC), Humanitarian Crisis, and Deportation
Political Geography:
Africa, Asia, South Korea, North Korea, and Myanmar

8. The Legal Aspects of the MH17 Disaster: What Next?

Author:
Emma Bakkum
Publication Date:
06-2017
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
The most often discussed legal avenue is criminal law, under which individual perpetrators can be held accountable for the crimes they committed. Not only those directly responsible but also those who ordered, conspired to or aided and abetted the shooting down of MH17 can be held responsible. These individuals can be prosecuted both at the national level in domestic courts or at the international level, at the International Criminal Court (ICC) or a specially established tribunal. Criminal law, however, requires a high burden of proof. Not only needs to be proven that an individual has committed a criminal act but also that the individual did so with the required knowledge and intent, making it difficult to prosecute individuals. Under the circumstances of the MH17 situation, investigations are strenuous. Jeroen Akkermans, who was one of the first investigative journalists present at the crash site, underlined the problems with gathering evidence.
Topic:
Crime, Law, Legal Theory, and International Criminal Court (ICC)
Political Geography:
Europe, Malaysia, Ukraine, and Asia

9. Breakfast Talk by Thuli Madonsela (former Public Protector of South Africa)

Author:
Rosalie Dieleman and David Lando
Publication Date:
11-2016
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
Ms. Madonsela is the former Public Protector of South Africa, Chairperson of the African Ombudsman Research Center in South Africa, and one of the drafters of the South African post-Apartheid constitution. She has been in the spotlight during the last year for a report she filed before leaving the Office of the Protector regarding the connection between South African President Zuma and Indian-South African lucrative businessmen Ajay, Atul, and Rajesh Gupta. The report “details a disturbing web of influence exerted over parts of the South African state by a powerful family of Mr. Zuma’s chums”,[1] the Gupta family. The report indicates that the Gupta family was involved in political appointment, including that of the South African finance minister.
Topic:
Apartheid, Corruption, Law, and Legal Theory
Political Geography:
Africa, South Africa, and Southern Africa

10. Genocide in Darfur: A Legal Analysis

Publication Date:
09-2004
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
The purpose of this memorandum is to ascertain whether the acts of violence and aggression in Darfur, Sudan meet the legal standard for genocide as set forth in the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). The memorandum concludes there is sufficient evidence to meet the legal requirements for a determination that genocide is occurring in Darfur, Sudan.
Topic:
Crime, Genocide, and Human Welfare
Political Geography:
Africa and Sudan