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impact of the war-dead on daily life’. Hepner and Kim critique the use of the ‘dead-as-evidence’ in international legal processes and explain that the omnipresence of the dead in Acholiland is a ‘lived reality’ that is intimately tied to the ‘consequent desire for reparative justice’ for the living

In: International Criminal Law Review
Author: Noura Erakat

regardless of the actual threat they pose to any life. A central aspect of this regime has been the strategic use of law as an aspect of forced removal and native elimination. The article proceeds with an analysis of Israel’s policy towards Gaza and argues that its equation with a national security threat

In: International Criminal Law Review

rationales underpinning those interactions, largely understudied within legal scholarship, gives rise to the paradox that this article seeks to explore: what motivates rebels to engage with aspects of ihl , given that the laws of war belong to a broader system of international regulation that is

In: International Criminal Law Review
Author: Anja Matwijkiw

inter-categorical merger or comprehensive pil -synthesis is through a small subclass of basic rights, respectively to life, freedom, personal integrity and safety. 22 Serious crimes put these rights at stake; and the more serious the crimes, the more dignity, decency and respect on the basis of

In: International Criminal Law Review
Author: Michelle Lokot

how rape has been cited as a reason that refugees – including refugees now living in Jordan – fled Syria. 18 While the narrative that refugees left Syria due to a fear of widespread rape holds sensationalist power, this article argues it also obscures the complexities underlying people’s decision

In: International Criminal Law Review

of international friction and war … [and that] the presence of unrestrained propaganda can sometimes make the difference between peace and war’. 5 Because of its omnipresence, propaganda has largely come to be accepted as a fact of political life and its most pernicious forms remain inadequately

In: International Criminal Law Review

, like going to school or finding a job, appear unviable to them. ‘I’d like a life in which I was motivated to study, go to a university, have a good job, but it doesn’t work’, was a 17-year-old’s disillusioned statement. Further stating, ‘I have always liked evil. I was assigned ( asignado ) to this

In: International Criminal Law Review

to enable them to be obedient to the law and to adopt (socially acceptable) values in order to facilitate social (re-)integration. 57 Through institutional rehabilitation prisoners should develop a sense of personal responsibility for their own actions; the entire process should motivate 58

In: International Criminal Law Review

individuals living in that State. 75 At the more extreme level, it may involve institution of a regime change. Thus the argument that collective responsibility is guilt by association obscures what Isaacs argues is the true nature of the sanctions, which is to examine the best way in which members can justly

In: State Responsibility for Support of Armed Groups in the Commission of International Crimes
Author: van Broeck

enable anyone confronted with the problem of offences possibly caused or motivated by culture, to recognise these acts as such. While culture may play a role in all aspects of life, one is seldom confronted with an offence that is caused by a clash of cultural norms. Mostly, these cases offer a high

In: European Journal of Crime, Criminal Law and Criminal Justice