A Call for Open and Adversarial Charge Screening at the Hybrid International Criminal Tribunals

A Call for Open and Adversarial Charge Screening at the Hybrid International Criminal Tribunals

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This piece singles out the trend among hybrid tribunals to prefer secret and non-adversarial pre-trial charge screening hearings as a worrisome setback for trial fairness in war crimes prosecutions. Such proceedings should be shunned going forward. They amount to an abandonment of the common law notion of an open and adversarial preliminary hearing, and are antithetical to the Rome Statute.

Looking Beyond the 2017 UN General Assembly

Looking Beyond the 2017 UN General Assembly

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World leaders took the stage at the United Nations General Assembly (UNGA) last month and set out their visions of multilateralism in the 21st century. While United States President Trump captured headlines with his fiery rhetoric, the future of the UN and other international organizations may lie in the speeches of other world leaders.

The Meaning of Arbitral Tribunal “Consent” in Section 1782 Discovery

The Meaning of Arbitral Tribunal “Consent” in Section 1782 Discovery

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Among those who agree that discovery pursuant to 28 U.S.C. § 1782 is available in international arbitration, there is a general consensus that discovery requests made after the tribunal has been constituted should only be granted if the arbitral tribunal consents to the request. However, there has been little to no discussion over what consent actually means in this context. This blog post is an attempt to (1) highlight the fact that consent lacks a clear definition in this context, and (2) explore how prior Section 1782 case law and the special concerns raised by international arbitration can inform the meaning of consent.

Philippines’ Recent Proposal to Reinstate Death Penalty:  A Setback to Worldwide Progress Towards the Abolition of Capital Punishment?

Philippines’ Recent Proposal to Reinstate Death Penalty: A Setback to Worldwide Progress Towards the Abolition of Capital Punishment?

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The Philippines House of Representative recently approved a proposal that would reinstate the death penalty for crimes including murder, rape and certain drug offenses. As significant progress toward abolition of capital punishment is observed worldwide, this move by the Philippines may be seen as an unfortunate setback against the general trend worldwide.