Leiden Journal of International Law最新文献_第4页

Protection of LGBTQIA+ rights in armed conflict: How (and whether) to ‘queer’ the crime against humanity of persecution in international criminal law? 武装冲突中LGBTQIA+权利的保护:如何(以及是否)将国际刑法中的迫害罪“酷”化?

2区社会学

Leiden Journal of International Law Pub Date : 2023-10-10 DOI: 10.1017/s0922156523000523

Aneta Peretko

{"title":"Protection of LGBTQIA+ rights in armed conflict: How (and whether) to ‘queer’ the crime against humanity of persecution in international criminal law?","authors":"Aneta Peretko","doi":"10.1017/s0922156523000523","DOIUrl":"https://doi.org/10.1017/s0922156523000523","url":null,"abstract":"Abstract The discrimination faced every day by LGBTQIA+ individuals does not disappear during armed conflict. On the contrary, such persons have been, and continue to be, targeted for particularly heinous human rights violations due to their sexual orientation and/or gender identity. And while international human rights law has, in the last two decades, made significant leaps in prohibiting discrimination on these grounds, international criminal law lags behind. The Rome Statute of the International Criminal Court only criminalizes persecution, an extreme form of discrimination, on grounds of gender and other grounds universally recognized in international law rather than on grounds of sexual orientation or gender identity. In the absence of clear textual criminalization of queer persecution, this article argues international law can be queerly reinterpreted to fit sexual orientation and gender identity into the confines of ‘gender’. However, while acknowledging the normative and expressive gains that could come from using international criminal law to pursue queer persecution, this article also notes the costs, including the flattening of queer discrimination into the narrow rubric of gender and suppressing its more radical principles. Therefore, while concluding international criminal law can be queerly reinterpreted, this article expresses doubts as to whether, in fact, it should.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136357207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The dark legacy of Nuremberg: Inhumane air warfare, judicial desuetudo and the demise of the principle of distinction in International Humanitarian Law 纽伦堡的黑暗遗产:不人道的空战、司法不公和国际人道主义法中区别原则的消亡

2区社会学

Leiden Journal of International Law Pub Date : 2023-10-02 DOI: 10.1017/s0922156523000377

Jochen von Bernstorff, Enno L. Mensching

{"title":"The dark legacy of Nuremberg: Inhumane air warfare, judicial <i>desuetudo</i> and the demise of the principle of distinction in International Humanitarian Law","authors":"Jochen von Bernstorff, Enno L. Mensching","doi":"10.1017/s0922156523000377","DOIUrl":"https://doi.org/10.1017/s0922156523000377","url":null,"abstract":"Abstract On its seventy-fifth anniversary last year, the Nuremberg war crime trials moved again into the spotlight of public attention. To the present day, Nuremberg is mainly portrayed as the birth of international criminal law being the first tribunal that held individuals accountable for war crimes committed during the Second World War. As we argue in this article, there is an often-overseen dark legacy of Nuremberg as it represents an unused opportunity to establish accountability for inhumane military practices, especially in air warfare, being of tragic influence for the postwar development of International Humanitarian Law (IHL) as a whole. Going beyond the existing criticism already voiced on Nuremberg’s shortcomings, we hold that the Tribunal’s reluctance to prosecute bombing practices sowed the seeds for the decay of IHL by creating institutionalized silences, especially for massive violations of the principle of distinction. The tribunal thereby sidelined pre-war IHL and infected the development of post-war IHL by retroactively legitimating the bombing practices of the Axis powers and at least indirectly of the Allies. We argue that the failure to prosecute ‘total war’-practices and reestablish former restrictive legal structures regarding aerial bombardment has fundamentally eroded the pre-war meaning of the principle of distinction leading to its downfall in the First Additional Protocol to the Geneva Convention of 1977. We describe these developments as a form of judicial desuetudo, meaning the abrogation of a rule through its subsequent non-enforcement by an international court during and after massive law violations because of perceived or real political constraints.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135895223","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The ‘imbroglio’ of ecocide: A political economic analysis 生态灭绝的“纠葛”:政治经济分析

2区社会学

Leiden Journal of International Law Pub Date : 2023-09-26 DOI: 10.1017/s0922156523000468

Eliana Cusato, Emily Jones

{"title":"The ‘imbroglio’ of ecocide: A political economic analysis","authors":"Eliana Cusato, Emily Jones","doi":"10.1017/s0922156523000468","DOIUrl":"https://doi.org/10.1017/s0922156523000468","url":null,"abstract":"Abstract In this article we adopt a political economic lens to analyse the revival of the concept of ecocide in present international legal scholarship and practice. The current campaign to codify the crime of ecocide under international criminal law represents the epitome of a problem-solving approach, which conceives of the law as external to society and as a corrective to its evils. Yet, a large body of critical literature has drawn attention to the constitutive role of international law and to the problems with its depoliticized approach when it comes to tackling global injustices. We build upon this diverse scholarship to illuminate how the technical, acontextual, and ahistorical legal debate on the codification of ecocide ends up normalizing the violent structures of extractive capitalism and its hierarchies. Further, we situate the proposed crime within the wider context of how international law regulates and constitutes the natural world. Drawing on critiques of sustainable development and of business and human rights discourse, we argue that the ‘imbroglio’ of ecocide, in its current legal definition, lies in presenting ecological preservation and devastation as simultaneously legitimate aims. The article ultimately raises the question of the role of international law in progressive political agendas, a question that could not be more pressing in times of entangled socio-ecological-economic disruptions.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134960802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal technologies: Conceptualizing the legacy of the 1923 Hague Rules of Aerial Warfare 法律技术:对1923年《海牙空战规则》遗产的概念化

2区社会学

Leiden Journal of International Law Pub Date : 2023-09-25 DOI: 10.1017/s0922156523000493

Christiane Wilke, Helyeh Doutaghi

{"title":"Legal technologies: Conceptualizing the legacy of the 1923 <i>Hague Rules of Aerial</i> Warfare","authors":"Christiane Wilke, Helyeh Doutaghi","doi":"10.1017/s0922156523000493","DOIUrl":"https://doi.org/10.1017/s0922156523000493","url":null,"abstract":"Abstract Many contemporary armed conflicts are shaped by the reliance on airstrikes using traditional fighter planes or remotely piloted drones. As accounts of civilian casualties from airstrikes abound, the ethics and legality of individual airstrikes and broader targeting practices remain contested. Yet these concerns and debates are not new. In fact, a key attempt to regulate aerial warfare was made 100 years ago. In this article, we approach the regulation of aerial warfare through an examination of the 1923 Hague Draft Rules of Aerial Warfare and the contemporary scholarly discussion of these rules. While the Draft Rules have never been converted into a treaty, they embody logics of thinking about civilians, technologies of aerial warfare, and targeting that are still resonating in contemporary discussions of aerial warfare. This article argues for a contextualized understanding of the Draft Rules as an attempt to adapt International Humanitarian Law (IHL) to the new technological realities while maintaining distinctions between different kinds of spaces and non-combatants. We argue that the Draft Rules prefigure later debates about the legality of aerial bombing by tacitly operating with a narrow understanding of the civilian and by offering a range of excuses and justifications for bombing civilians.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135817666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The chivalric pursuit of coherence in international law 对国际法一致性的骑士式追求

2区社会学

Leiden Journal of International Law Pub Date : 2023-09-25 DOI: 10.1017/s0922156523000481

Jean d’Aspremont

引用次数: 0

Closing cases with open-source: Facilitating the use of user-generated open-source evidence in international criminal investigations through the creation of a standing investigative mechanism 以开放源码结案：通过建立常设调查机制，促进在国际刑事调查中使用用户生成的开放源码证据

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-09-07 DOI: 10.1017/s0922156523000444

Elizabeth White

{"title":"Closing cases with open-source: Facilitating the use of user-generated open-source evidence in international criminal investigations through the creation of a standing investigative mechanism","authors":"Elizabeth White","doi":"10.1017/s0922156523000444","DOIUrl":"https://doi.org/10.1017/s0922156523000444","url":null,"abstract":"\u0000 Digital open-source evidence has become ubiquitous in the context of modern conflicts, leading to an evolution in investigative practices within the context of mass atrocity crimes and international criminal law. Despite its extensive promulgation, international criminal tribunals have had few opportunities to address the admissibility of user-generated open-source evidence. Through semi-structured interviews with experts and analyses of primary and secondary sources, this article examines the current standards and practices governing the use of user-generated open-source evidence. Current practices illuminate a number of gaps in the realm of digital open-source evidence in international criminal law. This article posits the establishment of a standing international, investigative mechanism as a solution to a need for increased standardization and co-ordination within the realm of user-generated open-source evidence. By standardizing the collection and use of such evidence, investigative bodies will be prepared to more effectively serve the international justice community.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43755864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Sisyphus in robes: International law, legal interpretation and the absurd 穿长袍的西西弗斯:国际法，法律解释和荒谬

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-08-29 DOI: 10.1017/s0922156523000389

W. Werner

{"title":"Sisyphus in robes: International law, legal interpretation and the absurd","authors":"W. Werner","doi":"10.1017/s0922156523000389","DOIUrl":"https://doi.org/10.1017/s0922156523000389","url":null,"abstract":"\u0000 Legal systems across the world contain the obligation to prevent ‘absurd interpretations’ of law. In international law, an instruction to avoid ‘manifestly absurd’ interpretations can be found in Article 32 of the Vienna Convention on the Law of Treaties. This gives rise to at least two questions that I will take up in this article. First, what is meant by the ‘absurd’ that is to be avoided in legal interpretation. The short answer to this question is: no one knows exactly. The absurd, by its very nature, resists definition in pre-given categories, as I will argue on the basis of four core thinkers on the absurd: Søren Kierkegaard, Jean-Paul Sartre, Albert Camus, and Thomas Nagel. The second question is more technical and easier to answer: how should lawyers try to avoid absurd interpretations? Here, I turn to absurdist writing and the theatre of the absurd for assistance. Absurdist writing and theatre have developed a number of techniques to make the absurd appear, to let the audience experience that something is fundamentally out of tune. Lawyers use similar techniques, but in reverse and with an opposite purpose: they add exposition, narrative, reasonable language, and stable, rational legal personae. In this way, they boost the rationality and reasonableness of the legal order. However, to come full circle, it is exactly the pretension of rationality and reasonableness that makes the law vulnerable to manifestations of the absurd. The rationality of law is the springboard for the very same absurdity it tries to suppress.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45349907","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

‘A Plea of Humanity to Law’: In Memoriam for Benjamin Berell Ferencz (1920–2023) “人类对法律的恳求”：纪念本杰明·贝雷尔·费伦茨（1920–2023）

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-08-22 DOI: 10.1017/s092215652300047x

J. Powderly, W. Schabas

引用次数: 0

Treaty amendment procedures: A typology from a survey of multilateral environmental agreements 条约修正程序：多边环境协定调查的类型

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-08-17 DOI: 10.1017/s0922156523000341

L. Bélanger, J. Morin

引用次数: 0

LJL volume 36 issue 3 Cover and Back matter LJL第36卷第3期封面和封底

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-08-14 DOI: 10.1017/s0922156523000420

引用次数: 0