Like borders, refugee protection settings beyond the EU often serve as testing grounds for technologies. This article takes a socio-legal perspective to show how humanitarian experimentation in... Show moreLike borders, refugee protection settings beyond the EU often serve as testing grounds for technologies. This article takes a socio-legal perspective to show how humanitarian experimentation in these contexts is made possible through different, interacting challenges to sovereignty. It argues that the understanding that actors or their positions are “exceptional” allows for and justifies data practices that would otherwise not be legally permissible. Examples of data practices in refugee protection settings are connected to work in geopolitics, science and technology studies, and sociology of law.The article shows how the position of the United Nations High Commissioner for Refugees (UNHCR) as negotiator on behalf of refugees and an emergency-driven techno-solutionism not only interacts with the already precarious legal context most people seeking refuge find themselves in. It coincides with the legal positioning of International Organisations and with citizenship-oriented conceptions of privacy, further constituting people seeking refuge as (digital) rights optional. This is problematic not least because of concerns about adequate data protection or the implications of bias. Data flows and algorithms are generative of the politics of contemporary societies, implying that the structural undermining of digital rights of people seeking refuge in the present can also hinder their access to rights in the future. Show less
RECOMMENDATION: Increase the universal acceptance of international justice institutions, in particular the International Court of Justice (ICJ) and the International Criminal Court (ICC). Moreover,... Show moreRECOMMENDATION: Increase the universal acceptance of international justice institutions, in particular the International Court of Justice (ICJ) and the International Criminal Court (ICC). Moreover, increase their enforcement powers, preserve their independence, and enhance their resilience against political pressures. Show less
As a complement to the background note on the positions concerning the 14 April 2018 military response to the poison gas attack on Douma assumed by the Netherlands and key allies, the present note... Show moreAs a complement to the background note on the positions concerning the 14 April 2018 military response to the poison gas attack on Douma assumed by the Netherlands and key allies, the present note provides a general overview of the relevant legal norms and the academic debate surrounding the issues of interstate use of force and humanitarian intervention, including reform proposals for the way forward. It does not claim to provide an exhaustive treatment of the subjects covered and the available literature on them. Rather, its intention is to provide context, background, and stimulate debate among the members of the Expert Group. Show less
This article expresses a note of caution regarding the general enthusiasm surrounding the duty of sincere cooperation in the external relations of the European Union. It argues that according to... Show moreThis article expresses a note of caution regarding the general enthusiasm surrounding the duty of sincere cooperation in the external relations of the European Union. It argues that according to the recent case law of the European Court of Justice, the duty is in practise not only first and foremost incumbent upon the Member States, but manifests itself as a strict duty to refrain from acting – a duty to remain silent – rather than a duty of best endeavours. Tracing the Court’s key judgements in this regard (Inland Waterways, IMO and PFOS), the authors conclude that in the presence of Union competence, but in the absence of a (quasi)-authorisation by the Union institutions to act, the Member States are to remain idle. While arguably necessary to safeguard the Union’s unity of international representation, this development is prone to legally favour inaction and hinder the Union’s ambitions for actual “external action”. Show less
This political biography analyzes the political influence of, and methods used by, P.W.A. Cort van der Linden (1846-1935), Dutch Prime-Minister from 1913 to 1918. While he was a Professor of... Show moreThis political biography analyzes the political influence of, and methods used by, P.W.A. Cort van der Linden (1846-1935), Dutch Prime-Minister from 1913 to 1918. While he was a Professor of Economics he developed a view of liberalism based on German idealism which also included a progressive use of Social Darwinism. This view was what he called “the theory of a higher sense of justice.” The application of this theory is evident in his legislation to protect children (1901) as well as in the constitutional revision of 1917. According to Van der Linden’s views, it was ‘a political necessity’ to introduce general male suffrage. He also made the future introduction of female suffrage possible, and, in spite of criticism from Kuyper, the leader of the Calvinistic antirevolutionary party, he made possible the equal treatment of private, denominational, and state schools. The non-partisan attitude of the Prime-Minister was also important for the maintenance of neutrality in the Netherlands during the First World War. Van der Linden stayed in close contact with Germany while Foreign Secretary Loudon spoke to the French. In addition to all these efforts, the Prime-Minister had to settle disputes within his cabinet, with commander-in-chief Snijders and with Queen Wilhelmina. Show less
2006 marks the 60th anniversary of what, in its time, was declared 'the biggest trial in recorded history'. The International Military Tribunal for the Far East - which tried Japanese military and... Show more2006 marks the 60th anniversary of what, in its time, was declared 'the biggest trial in recorded history'. The International Military Tribunal for the Far East - which tried Japanese military and civilian leaders for war crimes, crimes against humanity, and 'crimes against peace' - surpassed the Nuremberg trial in duration (two and a half years), in the number of accused (28), in the number of presiding judges (11), and in the length of its judgment (over 1,200 pages). But compared to Nuremberg, which is widely seen as a watershed moment in international law, Tokyo remains obscure. Show less
Human rights are a source of friction between Southeast Asian and European governments. Southeast Asian politicians generally emphasise principles of sovereignty and non-interference in internal... Show moreHuman rights are a source of friction between Southeast Asian and European governments. Southeast Asian politicians generally emphasise principles of sovereignty and non-interference in internal matters, while their European counterparts tend to champion democracy, human rights and good governance beyond their borders. The differences in approach, however, do not seem as daunting today as they once did. Show less
What can international civil society do to further justice for victims and survivors of war crimes and crimes against humanity in cases where perpetrators will never be brought to trial? Is it time... Show moreWhat can international civil society do to further justice for victims and survivors of war crimes and crimes against humanity in cases where perpetrators will never be brought to trial? Is it time to look beyond official state and international organs? Initiatives from civil society can return dignity to survivors, empower ordinary people, educate the public and create lasting records where official justice has been denied. Show less
Justice and not retribution marked the end of the second world war. With four former prime ministers on trial, the judgement at Tokyo was unequivocal: impunity had no place in the modern world.
Yes, according to two landmark decisions of 2006. In January, the High Court of South Korea ordered Dow Chemical and Monsanto, US producers of Agent Orange used during the Vietnam War, to... Show moreYes, according to two landmark decisions of 2006. In January, the High Court of South Korea ordered Dow Chemical and Monsanto, US producers of Agent Orange used during the Vietnam War, to compensate South Korean troops affected by the agents. In June, a French court ordered both the French government and the state railway company SNCF to compensate two families of Jews deported during the Nazi occupation. Will these rulings have any effect on similar cases pending elsewhere? How might they affect law governing the responsibility of non-state actors for crimes under international law? Show less
Beginning in October 2005 a new campaign against Cambodia was launched in the international press. It alleged, as does much news from that country, heavy-handed repression and human rights... Show moreBeginning in October 2005 a new campaign against Cambodia was launched in the international press. It alleged, as does much news from that country, heavy-handed repression and human rights violations by Prime Minister Hun Sen, citing, among other sources, Brad Adams - a prominent figure in the international NGO Human Rights Watch, which like all such self-defined organisations is assumed by the public to be defending the true and the good. Show less
