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1. 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

2. 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

3. Accountability for War Crimes in Syria: The “Criminalization” Confusion

Author:
Oona A. Hathaway, Paul Strauch, Beatrice Walton, and Zoe Weinberg
Publication Date:
04-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In 1942, three years before World War II came to a close, international lawyer Hersch Lauterpacht prepared a memorandum for the Committee on Crimes Against International Public Order. In it, he considered whether the Nazis should be tried for war crimes when the war ended. Before he could address when and whether to prosecute the Nazis for war crimes, he observed, it was first and foremost necessary to determine “what is a war crime.” Nearly 80 years later, this question looms yet again—this time in the horrific Syrian civil war. No international court or tribunal currently has jurisdiction over the vast crimes committed in Syria since 2011. It seems unlikely at the moment that Syria itself will provide an accounting, and the prospect of the United Nations Security Council agreeing to establish a new tribunal or refer the Syria situation to the International Criminal Court (ICC) appears slim. As a result, domestic courts, mainly in Europe, have taken the lead in pursuing criminal accountability for crimes committed in Syria. The International, Impartial, and Independent Mechanism (IIM), established by the UN General Assembly in 2016, is also beginning to assist domestic Syria-related prosecutions.
Topic:
International Law, United Nations, Humanitarian Intervention, and International Criminal Court (ICC)
Political Geography:
Global Focus

4. Research Spotlight: Beth A. Simmons

Author:
Meg Murphy
Publication Date:
03-2016
Content Type:
Working Paper
Institution:
Weatherhead Center for International Affairs, Harvard University
Abstract:
The International Criminal Court is saving civilian lives in multiple countries, according to research that provides the first quantitative evidence. The study by professors at Harvard University and Texas A&M, which will be featured in the summer issue of the journal International Organization, has drawn widespread attention from people on either side of a polarized debate about the ICC’s role in international justice. Vocal critics have long claimed the ICC is an ineffective obstacle to peace processes while enthusiasts believe it useful in advancing global peace and security. The underlying question: is the ICC irreparably flawed or an institution worth investing in? Now researchers Beth A. Simmons and Hyeran Jo have contributed a systematic study that can impartially inform this pressing debate in international affairs.
Topic:
United Nations, Legal Theory, Peace, and International Criminal Court (ICC)
Political Geography:
Global Focus