More on the problematic sentencing at International Tribunals

Last Wednesday Judge Meron at the Rwanda International Criminal Tribunal lowered the sentence of the leader of Rwanda’s genocide. Here is a link to an article on the decision. Colonel Theoneste Bagosora was alleged to be the person who made the decision to commit genocide against the Tutsis and set about planning and preparing for … Read more

The Agitator: IHL permits limited reprisal attacks against civilians

The London Blitz

An oft-stated axiom of international humanitarian law is that civilians can never be targeted in armed conflict, enshrined by rules 48, 51(2) and 52(2) of Additional Protocol I to the Geneva Conventions.  The International Committee for the Red Cross study of customary law affirms that under customary law civilians can not be targeted. However, the United … Read more

The Agitator: Announcing TVFA’s Newest Feature

The View From Above’s core mission is to engage with professors, students, and practitioners of international law in an ongoing conversation about timely developments in international law and policy. To further that mission, we are proud to present “The Agitator,” a new feature from TVFA. Each week, The Agitator will advance a controversial, unpopular, or … Read more

The World Bank’s “Program for Results”: Implications for Indigenous Peoples

The World Bank

Without consultation with indigenous peoples, and very little with civil society, the World Bank is proposing a new financing instrument that could have dramatic, devastating, and irreparable effects on indigenous lands and resources. The Bank’s proposed “Program for Results” (P4R) would provide few protections for indigenous rights, and avoid implementation of many rights that indigenous … Read more

Australia’s High Court says “no” to Spousal Privilege

The Australian High Court

OK, so this is written like a research project, but, hey, I’m the FCIL Librarian. Comparative law raises many issues, and this comment is not meant to be a complete exploration of all the possible issues raised in comparing Australian and US laws, but given the common law heritage of the United States and Australia, … Read more

Subjecting Video Games to IHL: Big Waste of Time or Biggest Waste of Time Ever?

Isn't this a UNESCO World Heratige Site?

Despite the fact that I am a law student with an Evidence final tomorrow, I had to take a minute and write about a development that would be hilarious if it were not so damaging.  At the 31st International Conference of the Red Cross and Red Crescent in Geneva, members of the ICRC discussed whether … Read more

European integration – the European Union’s accession to the ECHR

EU Flag

In this third and final article about legal integration in Europe the subject is the EU’s forthcoming accession to the ECHR. Those not already familiar with the organizations in question – the European Court of Human Rights, the Council of Europe and the European Union – are advised to read the two previous articles (here … Read more

What Really Matters in an ICC Prosecutor

The International Criminal Court (ICC) is the midst of a process to select a successor to its first prosecutor, Luis Moreno O’Campo.  The governing body of the ICC, the Assembly of States Parties (ASP), is seeking to elect a candidate by consensus vote. The list of candidates has apparently been paired down to two candidates: … Read more

A few words from DU Law’s International Law Librarian, Joan Policastri

DU Int'l Law Portfolio

I plan to provide blogs on the library’s foreign and international law resources, and keep readers up to date on the latest books in the relevant fields. And, since my personal area of interest is the world of Indigenous Peoples’ rights and issues, I plan to post on several ongoing situations involving international law and … Read more

The False Equivalency of Balanced Prosecutions

The Nuremberg Tribunal

One of the biggest criticisms of the WWII Nuremberg Tribunal was that it was victors justice: the statute only authorized prosecution of crimes committed by the Axis. In addition, both the prosecutors and judges were comprised of nationals from the victorious powers: American, British, French and Soviet. In subsequent tribunals, international justice has sought to … Read more