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rnational africa law human rights international law government leadership voting | Kenya is an advanced state with a functioning system of the rule of law – except for those in power. With modern video technology, Ruto and Kenyatta could oversee the governance of the country from The Hague, or, alternatively, participate in the trial through videolink. Even so, Al-Shabab are unlikely to be defeatabl... |
rnational africa law human rights international law government leadership voting | Interferes with a democratic mandate Unlike many of the other ICC defendants, Uhuru Kenyatta and William Ruto have a democratic mandate from elections that “represented the will of the voters” [1] – electoral mandates given to them after their indictment by the International Criminal Court. This must be respected by ... |
rnational africa law human rights international law government leadership voting | Kenya does not need or want government by those who hand out illegal title deeds [1] and threaten the freedom of the press [2] as Kenyatta’s government does. In addition to that, the allegations that the president used a banned occult gang, the Mungiki, in order to perform acts of mass murder is enough to end his cred... |
rnational africa law human rights international law government leadership voting | Not every defendant is a head of state. While justice should aim to treat all defendants alike, there are some cases where things have to be changed in order to allow states to function. |
rnational africa law human rights international law government leadership voting | Kenya needs the trial now Without justice, there cannot be peace. Following the total failure of the Kenyan justice system to take action, exemplified by the Parliament’s complete and utter rejection of the Waki Commission, the ICC, which Kenya voluntarily signed up to, has to step in. Ethnic violence still goes on i... |
rnational africa law human rights international law government leadership voting | Just hold the trial by videolink It has already been agreed that defendants can appear at the court by videolink [1] for parts of the trial. This is not problematic, unless the defendants want to start representing themselves. Bearing in mind that Ruto and Kenyatta have been continuing to co-operate with the trial th... |
rnational africa law human rights international law government leadership voting | Kenya would be better off without them Kenya does not need or want government by those who hand out illegal title deeds [1] and threaten the freedom of the press [2] as Kenyatta’s government does. In addition to that, the allegations that the president used a banned occult gang, the Mungiki, in order to perform acts ... |
rnational africa law human rights international law government leadership voting | Criminal defendants don’t get to pick and choose trial dates Irrespective of who they are, Kenyatta and Ruto are nothing special – they’re just another two criminal defendants. A person who is on trial murder or any other offence, whoever they are, can’t pick and choose their trial date for their own convenience or f... |
rnational africa law human rights international law government leadership voting | Even though all parties agree to this, it is not appropriate for the ICC to be trying a sitting head of state anyway. The ICC is accepting this by holding the trial by videolink – no other court would do such a thing. While it sounds tempting to allow Kenyatta and Ruto to participate in their trial by Skype, they may ... |
rnational africa law human rights international law government leadership voting | Kenya doesn’t need a trial. The Kenyan parliament voted against such a thing – the Kenyan people decided in 2013 that they want to give Kenyatta and Ruto a democratic mandate. While there is a terror threat – something that Kenyatta and Ruto can deal with in their role as head of state – Kenya did not have post electi... |
th health general global law crime policing law general punishment house would | Simply arguing that because something is a 'tradition' that it should be legalized is a nonsensical argument. Traditions need to stand on their own merits, beyond the simple fact that people have done it in the past, as anyone would recognise that a great many things done in the past were not desirable, and therefore l... |
th health general global law crime policing law general punishment house would | Coca production can be justified on cultural grounds Coca chewing is hugely prevalent amongst the peoples of the Andes, and their social relationship with it is akin to that of ours with coffee in Western nations. This is why so many nations in this region cannot and simply will not ever conform to any international b... |
th health general global law crime policing law general punishment house would | Medical uses of the coca leaf are already legal under the 1961 Single Convention on Narcotic Drugs. [1] . The coca plant has also never been proven to be a better ingredient in these varied domestic products than other plants, and other plants may even perform even better as ingredients. [2] There is therefore no compe... |
th health general global law crime policing law general punishment house would | Coca chewing is not equivalent to the consumption of hard drugs. It is no more harmful than drinking coffee. The coca leaf, in its natural state, is not even a narcotic, even though the 1961 Single Convention on Narcotic Drugs considers the natural leaf to be so. However it only truly becomes a narcotic when the paste... |
th health general global law crime policing law general punishment house would | Compulsive Coca chewing may compromise oral health. The wider cultivation of coca plants may make cocaine itself more readily available, and cocaine has clear health risks to its consumption. This debate must be seen in terms of the wider health risks and problems that actually occur if cultivation is legalized, not ju... |
th health general global law crime policing law general punishment house would | Legal coca cultivation would enhance economic growth in developing states Millions of people in South America chew coca leaves, so this practice cannot simply be wished away. [1] Moreover, it currently acts as a vital income source in many impoverished areas of the Andes. Pasquale Quispe, 53, owner of a 7.4-acre Boliv... |
th health general global law crime policing law general punishment house would | The burden of evidence lies on the side trying to prove its harm, not on the side asserting that it is not harmful, and so the lack of categorical proof of its harm is in itself an argument for legalizing its cultivation and chewing. If proof of health risks arise then they can be addressed, but until then the ban is i... |
th health general global law crime policing law general punishment house would | If coca cultivation were legalized, there would probably be mechanisms and policies to allow the plant and its derivatives to co-exist without this necessarily signifying an increase in harmful consumption, and to limit it being grown in the huge amounts needed for cocaine production. [1] The legalizing of coca cultiva... |
th health general global law crime policing law general punishment house would | Legalising coca production would undemine the wider war on the drugs economy The UN International Narcotics Control Board (INCB) said in 2011 that exceptions for Bolivia would undermine international narcotics control efforts: “[Allowing coca] would undermine the integrity of the global drug control system, undoing th... |
th health general global law crime policing law general punishment house would | Coca chewing is harmful and should be proscribed The original decision to ban coca chewing was based on evidence that this was indeed harmful to human health. A 1950 report elaborated by the UN Commission of Inquiry on the Coca Leaf with a mandate from ECOSOC states that: "We believe that the daily, inveterate use of ... |
th health general global law crime policing law general punishment house would | Unrestricted Coca production would increase the availability of cocaine Cocaine can be readily extracted from the coca leaf. In 1992 the World Health Organization’s Expert Committee on Drug Dependence (ECDD) undertook a ‘prereview’ of coca leaf at its 28th meeting. The 28th ECDD report concluded that, “the coca leaf i... |
th health general global law crime policing law general punishment house would | With no other narcotic drug are the components parts of that drug banned in of themselves. For example, the raw component parts of crystal meth are not banned. These components are a variety of household cleaning compounds. [1] It is wrong therefore to suggest that it is impossible to have an effective anti-narcotics e... |
crime policing law general punishment society house would disclose previous | The verdict of an individual trial should not be predicated on trials which have already been carried out and concluded. The evidence which is being ‘withheld’ here is in fact irrelevant to the case at hand. While these countries recognise that juries have great value as a representative of the people [1] , it is also ... |
crime policing law general punishment society house would disclose previous | Juries need to have all the information possible in order to reach a fair verdict. It is nonsensical to withhold evidence from a jury that might be necessary for them to reach an accurate verdict. Just because their verdict might be more prone to conviction rather than acquittal does not necessarily mean that this is ... |
crime policing law general punishment society house would disclose previous | If anything, this is an argument to prevent the media from publishing and details of a case or its defendant before the trial has been carried out, or from being more proactive and disqualifying jurors who ‘research’ their case before it comes to court. We should not endorse this kind of behaviour, which jurors know is... |
crime policing law general punishment society house would disclose previous | Occasional disclosure of convictions leads to an inconsistent justice system. At present in Britain, some previous convictions may be disclosed if they bear a striking resemblance to the case at trial, if the defendant falsely claims to be of good character, or if they attack the character of a prosecution witness [1]... |
crime policing law general punishment society house would disclose previous | The current system is unfairly weighted in favour of criminals. It is unfair that those who repeatedly re-offend should be treated in the same manner as those who have committed one offence; a singular offence could mark a mistake or accident in the defendant’s choices, but repeated criminal acts mark a habit and a la... |
crime policing law general punishment society house would disclose previous | While recidivism is obviously a problem, this motion fails to take into account any situation where an individual has previously committed a crime but is innocent of the crime going to trial. Given that conviction rates soar when previous convictions are disclosed [1] , this motion doesn’t rebalance the justice system ... |
crime policing law general punishment society house would disclose previous | The more obvious and efficient solution to this problem is to ensure a clearer standard of when previous convictions may or may not be disclosed, so that judges may act by the same standards. There is a simple solution to this particular complication; it would be an overreaction to suddenly change the entire court proc... |
crime policing law general punishment society house would disclose previous | Revealing past convictions could actually be detrimental in providing an accurate character profile of the defendant or prosecution witness, particularly if the defendant has previously been convicted but has also had successful rehabilitation. This disclosure undermines a key principle of the justice system – rehabili... |
crime policing law general punishment society house would disclose previous | Jurors are already aware of information which might ‘bias’ their verdict. Jurors are frequently affected by media coverage of particular cases, which makes it almost impossible for them to remain impartial in the idealistic way which opposition naively believes possible. This creates a situation where the jury may be ... |
crime policing law general punishment society house would disclose previous | Defendants who are innocent will be protected This motion could allow innocent defendants to mount a stronger case. This is because, if allowed, the previous convictions of prosecution witnesses would be admitted as evidence. In this case, if a prosecution witness falsely claims good character in opposition to the def... |
crime policing law general punishment society house would disclose previous | It is patronising to state the jurors cannot understand the difference between a conviction and an acquittal. However, knowledge of the defendant’s background might help to shed light on the case at hand and allow the jurors to view the wider picture when weighing up their verdict. |
crime policing law general punishment society house would disclose previous | Unfortunately, empirical evidence shows that past offenders are more likely to commit further offences [1] . Revealing past convictions could be a good indicator of how likely it is that the defendant could have committed a crime, particularly if it is a similar crime to one committed in the past. Acquitting a defendan... |
crime policing law general punishment society house would disclose previous | We already recognise that we cannot place complete trust in juries. Although we recognise that juries can provide valuable insight and represent the will of the general public in court cases [1] (and especially the communities in which the crimes occurred [2] ), there is also recognition that juries can be subject to ... |
crime policing law general punishment society house would disclose previous | Allowing this motion would lead to a miscarriage of justice. This motion removes the incentive for police to conduct vigorous investigations. Given the increasing pressure on policemen and women to gain convictions [1] , this motion will mean that their best chance of obtaining those convictions is simply to accuse th... |
crime policing law general punishment society house would disclose previous | The disclosure of previous convictions could falsely characterize the defendant. This motion is incredibly dangerous in a variety of ways as not only convictions but also acquittals and other past conduct could then be raised in a court trials. This means that a jury could be informed that somebody had questionable be... |
crime policing law general punishment society house would disclose previous | The motion completely undermines the assumption of innocence which accompanies a fair trial. By projecting past convictions on to a new case, this disclosure greatly weakens the presumption of innocence which is the defendant’s right [1] . It is the jury’s duty to form a verdict based on the relevant case, and it shou... |
crime policing law general punishment society house would disclose previous | This point places too much importance on the defendant’s history. In any case, records of their previous convictions must be heard alongside of the facts of the primary crime; any history will always be tempered by discussion of the actual crime. Satisfaction from the justice system will be greater if the public are aw... |
crime policing law general punishment society house would disclose previous | Better training for jurors could easily override this problem. If we continue to use juries as an essential part of the justice system, it is important to make sure that they are as well-informed as possible. Ensuring that they are blind to the truth is not a legitimate way to achieve a fair or unbiased verdict; rather... |
ure media television law international law house opposes televising all criminal | Giving evidence is a traumatic experience, TV coverage or otherwise. TV broadcasts can already have measures brought in to protect witnesses – for instance it could be agreed that they are not directly filmed. Anonymized witnesses at the ICC currently give evidence by video-link, of which the audio is distorted and the... |
ure media television law international law house opposes televising all criminal | Witnesses might be identified and placed in danger Televising criminal trials may cause a number of problems with witnesses. It may make individuals less likely to give evidence, make them more likely to play to the television audience, or make the already intimidating process of giving evidence in court more so. Also... |
ure media television law international law house opposes televising all criminal | The Hussein trial identified the solution to problematic rants disrupting the trial - the TV feed cut to the judge and faded out Hussein’s sound [1] . This is part of the reason why the ICC broadcasts are on a 30 minute delay, on web and TV access – outbursts, material that should be redacted and other things can be re... |
ure media television law international law house opposes televising all criminal | Televising turns justice into entertainment Broadcasting trials would be likely to turn the court in to entertainment. The Simpson trial showed how harmful a televised high profile trial can be degenerating into a freak show. The ICC trials are among the most high profile in the world so are likely to be susceptible t... |
ure media television law international law house opposes televising all criminal | Court proceedings themselves aren’t, in general, entertaining. Live broadcasts would largely involve lawyers discussing intricate details of issues, including complex points of law. If there was a real prospect of an ICC trial becoming a matter of entertainment, it probably would have occurred with the existing trials.... |
ure media television law international law house opposes televising all criminal | Unruly defendants can play up to the cameras Televising the trial can create extra incentives for defendants to attempt to disrupt the process. During his trial, Saddam Hussein regularly made outbursts and went on political rants – based on Iraqi law, he was able to examine witnesses after his lawyer. This was not new... |
ure media television law international law house opposes televising all criminal | Transcripts and other forms of notation would also set a historical record. While the Nuremberg trials were filmed, live television broadcast was not technically possible, footage was used for newsreels at the time. The lack of continuous total film footage has not stopped the Nuremberg trial from setting a historical ... |
ure media television law international law house opposes televising all criminal | While there is no jury that could be identified, or influenced, by the broadcast, there is still the other problems attached to televised trials – issues of legitimacy, lawyers and defendants acting up etc. |
ure media television law international law house opposes televising all criminal | Open justice – crimes with large numbers of victims The principle of open justice, including the right to a public trial [1] , is enshrined in many legal systems. The best show of commitment to open justice is to allow everyone to watch it, the best method of doing so is for the trial to be televised. This is all the ... |
ure media television law international law house opposes televising all criminal | Broadcasting provides a public record Unlike many other criminal trials, since Nuremberg a key principle of International Criminal Law is that it aims to set a historical record. The events that it deals with are important as they are heinous crimes that change regions forever. A trial helps to get to the bottom of ev... |
ure media television law international law house opposes televising all criminal | ICC does not have same problems as other legal systems The ICC as a court does not have many of the things that a domestic criminal trial would have in terms of disadvantages of televising. Like all other international tribunals, there is no jury, only a panel of professional judges. Judges are going to be less intimi... |
ure media television law international law house opposes televising all criminal | Few people would actually watch the entirety of the trial proceedings, most would probably just see clips of the footage of news reports; television news coverage of criminal trials can already take place without actual footage. While televising trials will engage the victims and their families, televising a criminal ... |
crime policing law general local government house would ban handguns washington dc | Opposition agrees that handguns have unique advantages over other weapons; however, banning handguns in this area would lead to worse problems which are mentioned here as well as in the first point of opposition. The biggest issue with banning handguns, especially in a city, is that handguns will still be available to... |
crime policing law general local government house would ban handguns washington dc | Handguns are uniquely dangerous when compared with other weapons Handguns are specifically worse than most other weapons. They are weapons which are both concealable and portable. Shotguns and Rifles can easily be identified from a long distance making it easier to avoid those who are carrying them or conversely for t... |
crime policing law general local government house would ban handguns washington dc | Studies have been conducted on cities where a handgun ban has been implemented. It found that cities such as New York and DC continued to exhibit high rates of crime and proved to be some of the most dangerous cities in the world, regardless of the ban on guns.6 As mentioned, this is because criminal gangs and crimino... |
crime policing law general local government house would ban handguns washington dc | Individuals Should Not Have the Right to Bear Arms in DC Under the status quo the state exists to protect the security of its citizens. It does so by maintaining a monopoly of violence with the consent of its citizens. US citizens have been allowed to bear small arms as a symbolic representation of their ability to ri... |
crime policing law general local government house would ban handguns washington dc | The issue with Washington DC and certain states in the U.S. is that the police and the state are unable to protect people. The opposition believes that people who visit violence upon one another should be prosecuted to the full extent of the law. However, within certain areas of DC, the state consistently fails to prot... |
crime policing law general local government house would ban handguns washington dc | A handgun ban reduces crime and deaths Aside from the fact that handguns are uniquely dangerous weapons, when the handgun ban was in place in DC, there was a reported decrease in crime in the area. In 1977 the year immediately following the ban the U.S. Conference of Mayors reported robberies, assaults and homicides u... |
crime policing law general local government house would ban handguns washington dc | Democracy is designed to be a flexible mechanism that can change based on different circumstances and at different times. The American constitution should provide a legal basis for all citizens of the U.S. However, the reason such a legal basis exists is such that citizens in the U.S. are fairly treated under the law ... |
crime policing law general local government house would ban handguns washington dc | Firstly, the deterrence effect created by guns disappears if the use of guns is considered normal behaviour among the populace. Many violent and opportunistic crimes are committed out of necessity. They are not based on a rational calculus of the sort that side opposition discusses. In a society where gun use is normal... |
crime policing law general local government house would ban handguns washington dc | Handguns are Required For Symbolic Reasons As A Defence Against the State Monopoly of Power Handguns are legal in the U.S. for symbolic reasons. In Justice Scalla’s oral argument he stated “isn't it perfectly plausible, indeed reasonable, to assume that since the framers knew that the way militias were destroyed by ty... |
crime policing law general local government house would ban handguns washington dc | The DC Handgun ban is inconsistent with other legislation in the U.S. A change in legislation in DC that is markedly different from everywhere else in the U.S. is harmful. Whilst the constitution might be amended to give a specific change for DC, the rest of the U.S. will still be able to bear arms. The point of the A... |
crime policing law general local government house would ban handguns washington dc | Hand Guns Are Required For Self Defence. Under the status quo handguns are legal. This means that should a criminal initially wish to consider mugging someone he has to consider the possibility that he might be shot should he choose to take this action. A visceral fear of death and injury means that a significant numb... |
crime policing law general local government house would ban handguns washington dc | The right for Americans to bear arms used to be important for symbolic reasons. However, now such a symbol does not serve to act in the same way that it once did. It was once realistic that American citizens would be able to counteract the monopoly of violence that the state has. However, in this age of modern warfare,... |
speech debate internet freedom law human rights digital freedoms freedom expression | A democracy’s first duty must always be to the citizens that elect it, not to foreign dissidents. Their duty therefore is to be engaging with these regimes to the benefit of their own citizens; through encouraging trade relations for example. Offering amnesty to individuals oppressive regimes consider to be criminals w... |
speech debate internet freedom law human rights digital freedoms freedom expression | Democracies have an obligation to shield these people and to encourage further dissent The universality of human rights, of the freedom of speech and of due process is all touted as crucial by the world’s democracies. Democratic countries are frequently vocal on the subject of liberty, on the superiority of their syst... |
speech debate internet freedom law human rights digital freedoms freedom expression | This policy will not be a public statement of anything other than Western attempts to interfere in the internal affairs of others. It is also a powerfully hypocritical message; many democracies have libel laws that prevent libel and misrepresentation and authoritarian states should be allowed to have the same laws whic... |
speech debate internet freedom law human rights digital freedoms freedom expression | These people are under serious threat for their pursuit of justice The internet has become the paramount means of voicing dissent within repressive regimes. As the technology regimes have to keep control of their people increases, with access to high-tech surveillance technology adding to their already formidable arse... |
speech debate internet freedom law human rights digital freedoms freedom expression | Offering amnesty will not serve the cause of justice, it is responding to the symptom not the cause. It is unfortunate that individual bloggers suffer at the hands of governments, but seeking to give them amnesty will only serve to anger the regimes, leading to even further oppression and stifling of dissent. This unfo... |
speech debate internet freedom law human rights digital freedoms freedom expression | This offer of amnesty serves as a powerful public statement in favour of free speech and rule of law In offering amnesty Western governments make an exceptionally powerful public statement in the international arena, an area in which they already hold great sway as norm-setters. It is a statement that shows that they ... |
speech debate internet freedom law human rights digital freedoms freedom expression | People in oppressive regimes are smart enough to know when they are being duped. They will listen if the bloggers have a good point and are being unjustifiably persecuted. In the case of the Japan-China territorial dispute, there is the tangible fact that the islands are being fought over for nationalists to attach to ... |
speech debate internet freedom law human rights digital freedoms freedom expression | All countries, even authoritarian ones, desire to be considered legitimate and valued in the international community. The weight of condemnation that a policy of amnesty creates is one that bears down heavily on repressive regimes and can galvanize them to reform. Furthermore, it is essential that Western governments n... |
speech debate internet freedom law human rights digital freedoms freedom expression | The liberal democratic paradigm is not the only legitimate model of government, a fact that democracies should accept and embrace Ultimately, states’ laws have to be respected. Liberal democracy has not proven to be the end of history as Fukuyama suggested, but is rather one robust system of government among many. Chi... |
speech debate internet freedom law human rights digital freedoms freedom expression | Democracies should be wary of meddling in the internal affairs of other countries Authoritarian countries tend to guard their sovereignty jealously and will not take kindly to what they would consider to be interference in their internal affairs. In many cases this is exactly what the government offering an amnesty wo... |
speech debate internet freedom law human rights digital freedoms freedom expression | The offer of amnesty allows home governments to discredit bloggers and paint them as foreign agents of disruption When Western states and democracies offer amnesty to bloggers under threat from their home governments, the blogger’s views and comments immediately become coloured in the eyes of the public. The governmen... |
speech debate internet freedom law human rights digital freedoms freedom expression | An amnesty policy will serve only to alienate regimes, shutting down the possibility of discourse or reform It is a natural conclusion that a repressive regime, which operates largely by force and the control of its population, will react rather negatively to an action by the West that appears to be a calculated, publ... |
speech debate internet freedom law human rights digital freedoms freedom expression | An amnesty would clearly only be offered under certain circumstances. In cases where there are judicial proceedings then the offer of an amnesty could only take effect when the individual being offered it is released and able to take advantage of the offer. It is also wrong to consider that an offer of an amnesty is un... |
speech debate internet freedom law human rights digital freedoms freedom expression | Liberal democracy is in a clash of ideologies with other competing systems, they promote their own systems through other means such as aid to regimes that are considered to be backsliding by liberal democracies with no strings attached. It is critical that the democratic paradigm not submit to the demands of other syst... |
rnational middle east law human rights international law house believes israels west | First, it is unclear if this is even true. A 2010 poll showed support for dismantling settlements in exchange for Peace at an all-time high in Israel. [1] Secondly, even if it is true that settlements complicate the internal Israeli political picture, the impact on the Peace Process is limited to the extent to which o... |
rnational middle east law human rights international law house believes israels west | The Settlements commit future Israeli governments to a harder stand in future negotiations Whether deliberate or not, the settlements are changing the “facts on the ground” by changing the political calculus for future Israeli governments. While most Israeli politicians accept the need to abandon some smaller settlem... |
rnational middle east law human rights international law house believes israels west | The settlements at the current time occupy less than 3% of the West Bank, [1] and even if one were to take into account the land needed for their security in any settlement, most have predicted that at most 9-11% of the region would be affected, much less than the area currently controlled by the settlements, [2] and t... |
rnational middle east law human rights international law house believes israels west | The Settlements are illegal, and demonstrate the impotence of the international community The Settlements, constructed on land that is neither recognizably Israel’s nor which Israel has even claimed to annex are illegal, encroaching on the territory of a future Palestinian state. It is absurd for the international co... |
rnational middle east law human rights international law house believes israels west | The settlements are a sideshow that provide a convenient excuse for the Palestinians and their foreign friends to ignore the real (and difficult to solve) issues such as Jerusalem and what sort of sovereignty a Palestinian state would have. For one thing, international law is very unclear on who owns the West Bank. Jo... |
rnational middle east law human rights international law house believes israels west | First of all, the security precautions are not a perquisite of settlements in and of themselves, but a consequence of the violent condition of the West Bank. Similar settlements in the Negev do not require anywhere near the degree of investment in security and protection. Such precautions will almost certainly be remo... |
rnational middle east law human rights international law house believes israels west | The Settlements are seen by Palestinians as a sign of bad faith on the part of Israel, and therefore weaken the hand of Pro-Peace elements As important as the existence of the settlements themselves is their continued growth. The very fact that Israel has continued to ostensibly negotiate for the independence of a Pal... |
rnational middle east law human rights international law house believes israels west | Settlements remove Palestinians from their own land, and they produce a self-perpetuating cycle in their sear The settlements themselves are self-perpetuating in a manner that makes them pernicious to the rights and very existence of neighbouring Palestinian communities. For one thing, a settlement cannot function in... |
rnational middle east law human rights international law house believes israels west | It is absurd to argue that because someone is hypocritical that they lose their rights. The fact is that the Palestinians today are not guilty of the crimes of their ancestors anymore than the Israelis are. Rather than being evaluated based on history, they should be evaluated based on what is justified now. And settl... |
rnational middle east law human rights international law house believes israels west | The Palestinians themselves did not enjoy self-rule after 1948 and the blame for the expulsions should not be placed on them but on the Jordanian authorities, and they are the ones who should be obligated to provide compensation if any is due. And the Palestinians played no role in the expulsion of Jews from states lik... |
rnational middle east law human rights international law house believes israels west | Settlements provide economic investment in the Occupied Territories The fundamental fact is that the West Bank, whatever its status, is not an economically viable entity on its own. It produces few goods, while Gaza produces next to none, and independence without a major influx of capital will not change this situatio... |
rnational middle east law human rights international law house believes israels west | There is nothing legal or sacred about the West Bank’s borders – it was an ad-hoc armistice line never recognized internationally The West Bank is not some sort of recognized entity with legally or internationally recognized boundaries. Its borders were the 1948 cease-fire line between Israeli and Jordanian forces, an... |
rnational middle east law human rights international law house believes israels west | The Palestinians were full participants in the 1948 War against Israel Before the discussion of the Palestinians as the innocent victims of Israeli oppression can be established, it should be noted that the Palestinian leadership were full participants in rejecting the 1948 partition plan and the war that followed. Th... |
rnational middle east law human rights international law house believes israels west | The Settlements are justified based on the expulsion of Jews from Arab lands after 1967 Settlement construction, and in fact the whole settlement of Jews in the West Bank has to be viewed in the wider context of the Middle East conflict as a whole. Jews lived in the West Bank for thousands of years before the creatio... |
rnational middle east law human rights international law house believes israels west | If de facto boundaries exist for a long enough time they gain legal force. The border between North and South Korea is a legal armistice line, rather than an official international boundary, but anyone attempting to make that argument upon crossing it would be likely to receive a cool reception. The boundaries of the ... |
rnational middle east law human rights international law house believes israels west | It is ironic that when the agricultural basis of the Palestinian economy is being strangled by settlement construction and the seizure of groves involved, that Palestinians should be grateful for the job opportunities provided in low-wage service positions in the Israeli settlements. [1] Furthermore, even if one accep... |
crime policing international law house believes icc should have its own enforcement | States are capable of their own enforcement, even in the difficult cases – for example, Radovan Karadzic was arrested by the Serbian authorities for his trial by the ICTY, and would not necessarily have been arrested faster by an outside force rather than the Serbian police. A large number of states have been pouring r... |
crime policing international law house believes icc should have its own enforcement | An ICC enforcement arm would be quicker If international criminals are to be caught it needs to be clear that there is an organisation with the responsibility and authority to catch them. This is especially important when the criminal in question is able to slip across borders to avoid the national authorities in one ... |
crime policing international law house believes icc should have its own enforcement | An enforcement arm would still have finite resources. There is no guarantee that an ICC in-house enforcement system would arrest more suspects than the existing system of state bilateral co-operation. This is particularly the case in relation to the most thorny problems the ICC faces – how to catch those who have the b... |
crime policing international law house believes icc should have its own enforcement | An ICC enforcement is a necessity if there is to be international criminal justice The remit of the ICC is unlike the remit of any national court. It deals exclusively in crimes so unacceptable there is an international consensus behind their illegality and the need for prosecutions. The parties that signed up to the ... |
crime policing international law house believes icc should have its own enforcement | While the ICC is a multinational body, it is designed to have a respect for individual nations court systems. It is mainly a “backstop” court, it is happy to see nations prosecute those offences – the Rome Statute mandates that they be added to the domestic criminal law. This is the principle of complementarity. As suc... |
crime policing international law house believes icc should have its own enforcement | Just creating a force to bring suspects to trial would not necessarily be enough to make the ICC a more credible organization. That would have to come through more measures and building multilateral support in areas where situations have been referred to the council. This increase in credibility of the ICC also comes a... |
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