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Latest Print Issue: Volume 7 Issue 2
ARTICLES
Anivesh Bharadwaj
During his swearing-in speech, Prosecutor Karim A. A. Khan shared his vision for the International Criminal Court (“ICC”): “ICC is not only a court of last resort . . . in my view, The Hague itself should
be a city of last resort.” His statements hinted towards ICC regionalization via holding in-situ trials closer to affected areas. However, it is doubtful if the present ICC structure is even capable of regionalization. This Article highlights...
Josef Danczuk
Throughout treaty-making processes and turn-of-the-century international criminal tribunal decisions, scholars and judges alike determined that the terms “direct” and “active,” when referring to participation in hostilities, were synonymous. However, the International Criminal Court (“ICC”), in interpreting the Rome Statute in the Lubanga case, determined that they were not, creating disparity between interpretations of the same terms within International Criminal Law (“ICL”) and the Law of Armed Conflict (“LOAC”).
Iris H-Y Chiu & Wai-Yee Wan
The U.K. Financial Conduct Authority (“FCA”) has heralded the introduction of a new Consumer Duty (“Duty”) as a significant milestone in meeting its objective of financial consumer protection. This
Duty is a regulatory duty for conduct as well as outcomes in relation to financial consumers, but not directly enforceable by consumers in civil action. It potentially transcends the limitations of common law duties...
Rinat Kitai-Sangero
This Article critically assesses the disciplinary proceedings carried out by judicial officers within the military, shedding light on the absence of crucial procedural guarantees, such as the right to legal representation and an impartial judge. After comparing the Israeli disciplinary proceedings with the Summary Court-Martial system in the United States and considering arguments used to justify the lack of procedural guarantees, the Article emphasizes...