courts

0x2C: FOSDEM 2012: Laurent's Open Licences before European Courts

By faif.us
Published On :: Tue, 19 Jun 2012 12:35:00 -0400

Karen and Bradley play and discuss Philippe Laurent's FOSDEM 2012 talk, Open Licences before European Courts from the FOSDEM 2012 Legal and Policy Issues DevRoom.

Show Notes:

Segment 0 (00:36)

Karen and Bradley mention there is one talk remaining after this one from the FOSDEM 2012 Legal and Policy Issues DevRoom.

Segment 1 (03:04)

Philippe's slides are available from faif.us. Note: the slides are licensed differently than the show: they are CC-By-SA-3.0-Unported (rather than -USA).

Segment 2 (32:22)

Send feedback and comments on the cast to <oggcast@faif.us>. You can keep in touch with Free as in Freedom on our IRC channel, #faif on irc.freenode.net, and by following Conservancy on on Twitter and and FaiF on Twitter.

Free as in Freedom is produced by Dan Lynch of danlynch.org. Theme music written and performed by Mike Tarantino with Charlie Paxson on drums.

The content of this audcast, and the accompanying show notes and music are licensed under the Creative Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).


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This Song: Parquet Courts

By kutx.org
Published On :: Wed, 05 Dec 2018 18:01:12 +0000

Andrew Savage from Parquet Courts loves karaoke. Hear from whence that love springs, how that love led him to Roxy Music and why he love that band's song "Re-Make / Re-Model."


Full Article

courts

Editorial: Jails, prisons, courts must act to stop coronavirus spread

By feeds.denverpost.com
Published On :: Fri, 20 Mar 2020 22:57:11 +0000

Some activities must continue even as cities, counties and states effectively shut down to avoid the spread of COVID-19. Obviously our hospitals, doctors’ offices and emergency responder systems must remain open. Grocery stores are essential and so are pharmacies.


Full Article

courts

Drake's Courtside Kicks Cost More Than Your Annual Mortgage

By feeds.bet.com
Published On :: Sun, 6 Dec 2015 16:09:00 EST



The rapper has the best sneaker game in the world.


Full Article

courts

Courts & Shorts Tennis Weekend To Be Held

By bernews.com
Published On :: Mon, 02 Mar 2020 18:18:15 +0000

The United States Tennis Association [USTA] and Bermuda Tourism Authority [BTA] announced plans for a weekend of tennis events and activities to take place on the island April 3–4. “The first-ever “Courts & Shorts Weekend” in Bermuda is part of an ongoing celebration of the island as a tennis destination for fans, players, enthusiasts and […]

(Click to read the full article)


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courts

“Courts & Shorts Weekend” To Be Rescheduled

By bernews.com
Published On :: Fri, 13 Mar 2020 19:07:35 +0000

Next month’s “Courts & Shorts Weekend” in Bermuda will be rescheduled following today’s suspension by the United States Tennis Association [USTA] of all its sanctioned products and events due to the global coronavirus crisis. The USTA and the Bermuda Tourism Authority [BTA] are working to reschedule the two days of events—previously slated for April 3–4—for […]

(Click to read the full article)


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courts

Brooklyn judge, three others test positive for coronavirus in borough’s courts: officials

By www.nydailynews.com
Published On :: Fri, 20 Mar 2020 20:29:29 +0000

The judge, whose name was not released, was last in the courthouse on Mar. 12, officials said.


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courts

Social distancing to prevent coronavirus spread isn’t happening in NYC courts

By www.nydailynews.com
Published On :: Mon, 23 Mar 2020 11:00:00 +0000

While an increasing number of criminal suspects are being arraigned by video to prevent the spread of coronavirus, defendants’ families often sit on crowded courthouse benches waiting for their relatives’ arraignments.


Full Article

courts

NBA and WNBA stars to compete in televised H-O-R-S-E games on home courts

By www.latimes.com
Published On :: Thu, 9 Apr 2020 12:38:44 -0400

The opening round of virtual H-O-R-S-E games will air on ESPN beginning Sunday at 4 p.m., with players shooting from their home basketball courts.


Full Article

courts

Op-Ed: Yes, businesses have been hurt by coronavirus closures, but they won't get relief from the courts

By www.latimes.com
Published On :: Wed, 29 Apr 2020 06:00:23 -0400

The Supreme Court has made clear repeatedly that governments can regulate businesses to protect the public interest.


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courts

Column: Trump, Don McGahn and DOJ stonewalled Congress. Look for the courts to set them right

By www.latimes.com
Published On :: Wed, 29 Apr 2020 16:29:39 -0400

The 'en banc' D.C. Circuit Court will determine whether a congressional subpoena can be enforced by the courts.


Full Article

courts

NBA veteran Ben McLemore courts a buyer in Tarzana

By www.latimes.com
Published On :: Wed, 15 Apr 2020 16:34:21 -0400

In Tarzana, Houston Rockets guard Ben McLemore is shooting for $2.799 million for his East Coast-inspired home of two years.


Full Article

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Courts to resume in May

By www.news.gov.hk
Published On :: Wed, 22 Apr 2020 00:00:00 +0800

The Judiciary today announced all court proceedings will resume as safely as circumstances permit from May 4.

 

Court and tribunal registries will reopen in stages from May 6, including the registries of the Court of Final Appeal and the High Court.

 

Having regard to the public health situation and the need for social distancing, court business will initially be conducted under a reduced capacity.

 

The Judiciary will continue to put in place appropriate preventive and crowd management measures.

 

The measures include requiring all people entering judiciary premises to undergo temperature checks and wear face masks.

 

They also include putting in place queuing, ticketing and triage systems, designated entry and exit points as well as admission control to limit the number of court users entering and remaining on judiciary premises.

 

To maintain social distancing, chessboard seating arrangements will continue to be adopted in courtrooms and court lobbies will reduce seating capacity by half.

 

Additionally, capacity limits will be set for areas such as court registries and accounts offices to avoid crowding.


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Can Ukraine’s Appeal to the International Courts Work?

By feedproxy.google.com
Published On :: Fri, 03 Apr 2020 13:33:33 +0000

3 April 2020

Kateryna Busol

Robert Bosch Stiftung Academy Fellow, Russia and Eurasia Programme
First in a two-part series analysing why Ukraine’s attempts at international justice are worth taking - and outlining how the impact goes far beyond just the Russia-Ukraine conflict. Part one examines the response of the International Court of Justice (ICJ) to the possibility of holding Russia accountable as a state.

2020-04-03-Ukraine-Russia

Rally in support of keeping Crimea as part of Ukraine. Photo by Spencer Platt/Getty Images.

Russia’s ongoing occupation of Ukraine’s Crimean peninsula and support of separatist hostilities in the eastern provinces of Donbas have resulted in 1.5 million internally displaced persons, 3,000 civilians killed, and a growing list of alleged violations of international law and socio-economic hardship.

But Ukraine is struggling in its efforts to hold Russia accountable – either as a state or through individual criminal responsibility - as it cannot unilaterally ask any international court to give an overall judgment on the conflict.

So it focuses on narrower issues, referring them to authorised adjudication and arbitration platforms such as the International Court of Justice (ICJ), European Court of Human Rights, UNCLOS arbitration, and the International Criminal Court (ICC). These options are limited, but still worth taking - and their relevance is proving to be far wider than the Russia-Ukraine conflict.

Policy of cultural eradication

In 2017, Ukraine initiated proceedings against Russia at the ICJ on the basis of two international treaties: the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), with regard to Crimea; and the International Convention for the Suppression of the Financing of Terrorism (ICSFT), with regard to Donbas.

Under the CERD, Ukraine alleges Russia has carried out a policy of cultural eradication of ethnic Ukrainians and Crimean Tatars in Crimea, including enforced disappearances, no education in the Ukrainian and Crimean Tatar languages, and the ban of the Mejlis, the main representative body of the Crimean Tatars.

Under the ICSFT, Ukraine alleges Russia has supported terrorism by providing funds, weapons and training to illegal armed groups in eastern Ukraine. In particular Ukraine alleges Russian state responsibility - through its proxies - for downing the infamous MH17 flight.

Both these treaties are binding upon Ukraine and Russia and entitle an individual state party to refer a dispute concerning them to the ICJ, but certain procedural pre-conditions must first be exhausted. These include a failed attempt to settle a dispute either through negotiations or the CERD Committee (for the CERD) or unsuccessful negotiations and arbitration (for the ICSFT).

Russia challenged Ukraine’s compliance with the pre-conditions, but the ICJ disagreed with Russia’s submission that Ukraine had to resort both to negotiations and to the CERD Committee. For the first time, the court clarified these procedures under the CERD were two means to reach the same aim, and therefore alternative and not cumulative.

Requiring states to avail of both procedures before going to the ICJ would undermine the very purpose of the CERD to eliminate racial discrimination promptly, and ensure the availability of effective domestic protection and remedies.

The relevance of this clarification transcends the Ukraine-Russia dispute. With the rise of discriminatory practices, from populist hate-filled rhetoric endangering vulnerable communities to large-scale persecution such as that of the Rohingyas, the UN’s principal judicial body is sending a clear larger message to the world: such practices are unacceptable and must be dealt with expeditiously and efficiently. If states fail to do so, there are now fewer procedural impediments to do it internationally.

The ICJ also confirmed Ukraine had complied with both procedural preconditions under the ICSFT and that it would give judgement on the alleged failure of Russia to take measures to prevent the financing of terrorism. The outcome of this will be of great importance to the international community, given the general lack of international jurisprudence on issues of terrorism.

The court’s interpretation of knowledge and intent in terrorism financing, as well as clarification of the term ‘funds’, is particularly relevant both for the Ukraine-Russia case and for international law.

As the final judgement may take several years, the ICJ granted some provisional measures requested by Ukraine in April 2017. The court obliged Russia to ensure the availability of education in Ukrainian and enable the functioning of the Crimean Tatar representative institutions, including the Mejlis.

When Russia contested Ukraine’s references to the alleged Stalin-ordered deportation of the Crimean Tatars and the rule of law in the Soviet Union being hypocritical, by arguing that history did not matter, the court disagreed.

In fact, Judge James Crawford emphasised the relevance of the ‘historical persecution’ of Crimean Tatars and the role of Mejlis in advancing and protecting their rights in Crimea ‘at the time of disruption and change’.

These conclusions are important reminders that the historical inheritance of injustices inflicted on vulnerable groups should be taken into account when nations address their imperial legacies.

The court’s provisional measures and Judge Crawford’s position are particularly relevant in light of Russia’s policy of the total - territorial, historical, cultural – ‘russification’ of Crimea, as they highlight the role of the historical background for assessing the alleged discriminatory and prosecutorial policy of Russia’s occupying authorities against the Crimean Tatars.

The ICJ’s judgement on the merits of this as well as other human rights, and terrorism issues of Crimea and Donbas will be an important consideration for the international community in its view of the Russia-Ukraine armed conflict and the sanctions policy against Russia.

The development of this case also has a mutually catalysing impact on Ukraine’s efforts to establish those individually criminally responsible for atrocities in Crimea and Donbas, through domestic proceedings and through the International Criminal Court.

Ukraine’s attempts to seek individual criminal responsibility for gross abuses in Donbas and Crimea at the International Criminal Court (ICC) are assessed in part two of this series, coming soon.


Full Article

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Can Ukraine’s Appeal to the International Courts Work?

By feedproxy.google.com
Published On :: Fri, 03 Apr 2020 13:33:33 +0000

3 April 2020

Kateryna Busol

Robert Bosch Stiftung Academy Fellow, Russia and Eurasia Programme
First in a two-part series analysing why Ukraine’s attempts at international justice are worth taking - and outlining how the impact goes far beyond just the Russia-Ukraine conflict. Part one examines the response of the International Court of Justice (ICJ) to the possibility of holding Russia accountable as a state.

2020-04-03-Ukraine-Russia

Rally in support of keeping Crimea as part of Ukraine. Photo by Spencer Platt/Getty Images.

Russia’s ongoing occupation of Ukraine’s Crimean peninsula and support of separatist hostilities in the eastern provinces of Donbas have resulted in 1.5 million internally displaced persons, 3,000 civilians killed, and a growing list of alleged violations of international law and socio-economic hardship.

But Ukraine is struggling in its efforts to hold Russia accountable – either as a state or through individual criminal responsibility - as it cannot unilaterally ask any international court to give an overall judgment on the conflict.

So it focuses on narrower issues, referring them to authorised adjudication and arbitration platforms such as the International Court of Justice (ICJ), European Court of Human Rights, UNCLOS arbitration, and the International Criminal Court (ICC). These options are limited, but still worth taking - and their relevance is proving to be far wider than the Russia-Ukraine conflict.

Policy of cultural eradication

In 2017, Ukraine initiated proceedings against Russia at the ICJ on the basis of two international treaties: the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), with regard to Crimea; and the International Convention for the Suppression of the Financing of Terrorism (ICSFT), with regard to Donbas.

Under the CERD, Ukraine alleges Russia has carried out a policy of cultural eradication of ethnic Ukrainians and Crimean Tatars in Crimea, including enforced disappearances, no education in the Ukrainian and Crimean Tatar languages, and the ban of the Mejlis, the main representative body of the Crimean Tatars.

Under the ICSFT, Ukraine alleges Russia has supported terrorism by providing funds, weapons and training to illegal armed groups in eastern Ukraine. In particular Ukraine alleges Russian state responsibility - through its proxies - for downing the infamous MH17 flight.

Both these treaties are binding upon Ukraine and Russia and entitle an individual state party to refer a dispute concerning them to the ICJ, but certain procedural pre-conditions must first be exhausted. These include a failed attempt to settle a dispute either through negotiations or the CERD Committee (for the CERD) or unsuccessful negotiations and arbitration (for the ICSFT).

Russia challenged Ukraine’s compliance with the pre-conditions, but the ICJ disagreed with Russia’s submission that Ukraine had to resort both to negotiations and to the CERD Committee. For the first time, the court clarified these procedures under the CERD were two means to reach the same aim, and therefore alternative and not cumulative.

Requiring states to avail of both procedures before going to the ICJ would undermine the very purpose of the CERD to eliminate racial discrimination promptly, and ensure the availability of effective domestic protection and remedies.

The relevance of this clarification transcends the Ukraine-Russia dispute. With the rise of discriminatory practices, from populist hate-filled rhetoric endangering vulnerable communities to large-scale persecution such as that of the Rohingyas, the UN’s principal judicial body is sending a clear larger message to the world: such practices are unacceptable and must be dealt with expeditiously and efficiently. If states fail to do so, there are now fewer procedural impediments to do it internationally.

The ICJ also confirmed Ukraine had complied with both procedural preconditions under the ICSFT and that it would give judgement on the alleged failure of Russia to take measures to prevent the financing of terrorism. The outcome of this will be of great importance to the international community, given the general lack of international jurisprudence on issues of terrorism.

The court’s interpretation of knowledge and intent in terrorism financing, as well as clarification of the term ‘funds’, is particularly relevant both for the Ukraine-Russia case and for international law.

As the final judgement may take several years, the ICJ granted some provisional measures requested by Ukraine in April 2017. The court obliged Russia to ensure the availability of education in Ukrainian and enable the functioning of the Crimean Tatar representative institutions, including the Mejlis.

When Russia contested Ukraine’s references to the alleged Stalin-ordered deportation of the Crimean Tatars and the rule of law in the Soviet Union being hypocritical, by arguing that history did not matter, the court disagreed.

In fact, Judge James Crawford emphasised the relevance of the ‘historical persecution’ of Crimean Tatars and the role of Mejlis in advancing and protecting their rights in Crimea ‘at the time of disruption and change’.

These conclusions are important reminders that the historical inheritance of injustices inflicted on vulnerable groups should be taken into account when nations address their imperial legacies.

The court’s provisional measures and Judge Crawford’s position are particularly relevant in light of Russia’s policy of the total - territorial, historical, cultural – ‘russification’ of Crimea, as they highlight the role of the historical background for assessing the alleged discriminatory and prosecutorial policy of Russia’s occupying authorities against the Crimean Tatars.

The ICJ’s judgement on the merits of this as well as other human rights, and terrorism issues of Crimea and Donbas will be an important consideration for the international community in its view of the Russia-Ukraine armed conflict and the sanctions policy against Russia.

The development of this case also has a mutually catalysing impact on Ukraine’s efforts to establish those individually criminally responsible for atrocities in Crimea and Donbas, through domestic proceedings and through the International Criminal Court.

Ukraine’s attempts to seek individual criminal responsibility for gross abuses in Donbas and Crimea at the International Criminal Court (ICC) are assessed in part two of this series, coming soon.


Full Article

courts

Can Ukraine’s Appeal to the International Courts Work?

By feedproxy.google.com
Published On :: Fri, 03 Apr 2020 13:33:33 +0000

3 April 2020

Kateryna Busol

Robert Bosch Stiftung Academy Fellow, Russia and Eurasia Programme
First in a two-part series analysing why Ukraine’s attempts at international justice are worth taking - and outlining how the impact goes far beyond just the Russia-Ukraine conflict. Part one examines the response of the International Court of Justice (ICJ) to the possibility of holding Russia accountable as a state.

2020-04-03-Ukraine-Russia

Rally in support of keeping Crimea as part of Ukraine. Photo by Spencer Platt/Getty Images.

Russia’s ongoing occupation of Ukraine’s Crimean peninsula and support of separatist hostilities in the eastern provinces of Donbas have resulted in 1.5 million internally displaced persons, 3,000 civilians killed, and a growing list of alleged violations of international law and socio-economic hardship.

But Ukraine is struggling in its efforts to hold Russia accountable – either as a state or through individual criminal responsibility - as it cannot unilaterally ask any international court to give an overall judgment on the conflict.

So it focuses on narrower issues, referring them to authorised adjudication and arbitration platforms such as the International Court of Justice (ICJ), European Court of Human Rights, UNCLOS arbitration, and the International Criminal Court (ICC). These options are limited, but still worth taking - and their relevance is proving to be far wider than the Russia-Ukraine conflict.

Policy of cultural eradication

In 2017, Ukraine initiated proceedings against Russia at the ICJ on the basis of two international treaties: the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), with regard to Crimea; and the International Convention for the Suppression of the Financing of Terrorism (ICSFT), with regard to Donbas.

Under the CERD, Ukraine alleges Russia has carried out a policy of cultural eradication of ethnic Ukrainians and Crimean Tatars in Crimea, including enforced disappearances, no education in the Ukrainian and Crimean Tatar languages, and the ban of the Mejlis, the main representative body of the Crimean Tatars.

Under the ICSFT, Ukraine alleges Russia has supported terrorism by providing funds, weapons and training to illegal armed groups in eastern Ukraine. In particular Ukraine alleges Russian state responsibility - through its proxies - for downing the infamous MH17 flight.

Both these treaties are binding upon Ukraine and Russia and entitle an individual state party to refer a dispute concerning them to the ICJ, but certain procedural pre-conditions must first be exhausted. These include a failed attempt to settle a dispute either through negotiations or the CERD Committee (for the CERD) or unsuccessful negotiations and arbitration (for the ICSFT).

Russia challenged Ukraine’s compliance with the pre-conditions, but the ICJ disagreed with Russia’s submission that Ukraine had to resort both to negotiations and to the CERD Committee. For the first time, the court clarified these procedures under the CERD were two means to reach the same aim, and therefore alternative and not cumulative.

Requiring states to avail of both procedures before going to the ICJ would undermine the very purpose of the CERD to eliminate racial discrimination promptly, and ensure the availability of effective domestic protection and remedies.

The relevance of this clarification transcends the Ukraine-Russia dispute. With the rise of discriminatory practices, from populist hate-filled rhetoric endangering vulnerable communities to large-scale persecution such as that of the Rohingyas, the UN’s principal judicial body is sending a clear larger message to the world: such practices are unacceptable and must be dealt with expeditiously and efficiently. If states fail to do so, there are now fewer procedural impediments to do it internationally.

The ICJ also confirmed Ukraine had complied with both procedural preconditions under the ICSFT and that it would give judgement on the alleged failure of Russia to take measures to prevent the financing of terrorism. The outcome of this will be of great importance to the international community, given the general lack of international jurisprudence on issues of terrorism.

The court’s interpretation of knowledge and intent in terrorism financing, as well as clarification of the term ‘funds’, is particularly relevant both for the Ukraine-Russia case and for international law.

As the final judgement may take several years, the ICJ granted some provisional measures requested by Ukraine in April 2017. The court obliged Russia to ensure the availability of education in Ukrainian and enable the functioning of the Crimean Tatar representative institutions, including the Mejlis.

When Russia contested Ukraine’s references to the alleged Stalin-ordered deportation of the Crimean Tatars and the rule of law in the Soviet Union being hypocritical, by arguing that history did not matter, the court disagreed.

In fact, Judge James Crawford emphasised the relevance of the ‘historical persecution’ of Crimean Tatars and the role of Mejlis in advancing and protecting their rights in Crimea ‘at the time of disruption and change’.

These conclusions are important reminders that the historical inheritance of injustices inflicted on vulnerable groups should be taken into account when nations address their imperial legacies.

The court’s provisional measures and Judge Crawford’s position are particularly relevant in light of Russia’s policy of the total - territorial, historical, cultural – ‘russification’ of Crimea, as they highlight the role of the historical background for assessing the alleged discriminatory and prosecutorial policy of Russia’s occupying authorities against the Crimean Tatars.

The ICJ’s judgement on the merits of this as well as other human rights, and terrorism issues of Crimea and Donbas will be an important consideration for the international community in its view of the Russia-Ukraine armed conflict and the sanctions policy against Russia.

The development of this case also has a mutually catalysing impact on Ukraine’s efforts to establish those individually criminally responsible for atrocities in Crimea and Donbas, through domestic proceedings and through the International Criminal Court.

Ukraine’s attempts to seek individual criminal responsibility for gross abuses in Donbas and Crimea at the International Criminal Court (ICC) are assessed in part two of this series, coming soon.


Full Article

courts

Can Ukraine’s Appeal to the International Courts Work?

By feedproxy.google.com
Published On :: Fri, 03 Apr 2020 13:33:33 +0000

3 April 2020

Kateryna Busol

Robert Bosch Stiftung Academy Fellow, Russia and Eurasia Programme
First in a two-part series analysing why Ukraine’s attempts at international justice are worth taking - and outlining how the impact goes far beyond just the Russia-Ukraine conflict. Part one examines the response of the International Court of Justice (ICJ) to the possibility of holding Russia accountable as a state.

2020-04-03-Ukraine-Russia

Rally in support of keeping Crimea as part of Ukraine. Photo by Spencer Platt/Getty Images.

Russia’s ongoing occupation of Ukraine’s Crimean peninsula and support of separatist hostilities in the eastern provinces of Donbas have resulted in 1.5 million internally displaced persons, 3,000 civilians killed, and a growing list of alleged violations of international law and socio-economic hardship.

But Ukraine is struggling in its efforts to hold Russia accountable – either as a state or through individual criminal responsibility - as it cannot unilaterally ask any international court to give an overall judgment on the conflict.

So it focuses on narrower issues, referring them to authorised adjudication and arbitration platforms such as the International Court of Justice (ICJ), European Court of Human Rights, UNCLOS arbitration, and the International Criminal Court (ICC). These options are limited, but still worth taking - and their relevance is proving to be far wider than the Russia-Ukraine conflict.

Policy of cultural eradication

In 2017, Ukraine initiated proceedings against Russia at the ICJ on the basis of two international treaties: the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), with regard to Crimea; and the International Convention for the Suppression of the Financing of Terrorism (ICSFT), with regard to Donbas.

Under the CERD, Ukraine alleges Russia has carried out a policy of cultural eradication of ethnic Ukrainians and Crimean Tatars in Crimea, including enforced disappearances, no education in the Ukrainian and Crimean Tatar languages, and the ban of the Mejlis, the main representative body of the Crimean Tatars.

Under the ICSFT, Ukraine alleges Russia has supported terrorism by providing funds, weapons and training to illegal armed groups in eastern Ukraine. In particular Ukraine alleges Russian state responsibility - through its proxies - for downing the infamous MH17 flight.

Both these treaties are binding upon Ukraine and Russia and entitle an individual state party to refer a dispute concerning them to the ICJ, but certain procedural pre-conditions must first be exhausted. These include a failed attempt to settle a dispute either through negotiations or the CERD Committee (for the CERD) or unsuccessful negotiations and arbitration (for the ICSFT).

Russia challenged Ukraine’s compliance with the pre-conditions, but the ICJ disagreed with Russia’s submission that Ukraine had to resort both to negotiations and to the CERD Committee. For the first time, the court clarified these procedures under the CERD were two means to reach the same aim, and therefore alternative and not cumulative.

Requiring states to avail of both procedures before going to the ICJ would undermine the very purpose of the CERD to eliminate racial discrimination promptly, and ensure the availability of effective domestic protection and remedies.

The relevance of this clarification transcends the Ukraine-Russia dispute. With the rise of discriminatory practices, from populist hate-filled rhetoric endangering vulnerable communities to large-scale persecution such as that of the Rohingyas, the UN’s principal judicial body is sending a clear larger message to the world: such practices are unacceptable and must be dealt with expeditiously and efficiently. If states fail to do so, there are now fewer procedural impediments to do it internationally.

The ICJ also confirmed Ukraine had complied with both procedural preconditions under the ICSFT and that it would give judgement on the alleged failure of Russia to take measures to prevent the financing of terrorism. The outcome of this will be of great importance to the international community, given the general lack of international jurisprudence on issues of terrorism.

The court’s interpretation of knowledge and intent in terrorism financing, as well as clarification of the term ‘funds’, is particularly relevant both for the Ukraine-Russia case and for international law.

As the final judgement may take several years, the ICJ granted some provisional measures requested by Ukraine in April 2017. The court obliged Russia to ensure the availability of education in Ukrainian and enable the functioning of the Crimean Tatar representative institutions, including the Mejlis.

When Russia contested Ukraine’s references to the alleged Stalin-ordered deportation of the Crimean Tatars and the rule of law in the Soviet Union being hypocritical, by arguing that history did not matter, the court disagreed.

In fact, Judge James Crawford emphasised the relevance of the ‘historical persecution’ of Crimean Tatars and the role of Mejlis in advancing and protecting their rights in Crimea ‘at the time of disruption and change’.

These conclusions are important reminders that the historical inheritance of injustices inflicted on vulnerable groups should be taken into account when nations address their imperial legacies.

The court’s provisional measures and Judge Crawford’s position are particularly relevant in light of Russia’s policy of the total - territorial, historical, cultural – ‘russification’ of Crimea, as they highlight the role of the historical background for assessing the alleged discriminatory and prosecutorial policy of Russia’s occupying authorities against the Crimean Tatars.

The ICJ’s judgement on the merits of this as well as other human rights, and terrorism issues of Crimea and Donbas will be an important consideration for the international community in its view of the Russia-Ukraine armed conflict and the sanctions policy against Russia.

The development of this case also has a mutually catalysing impact on Ukraine’s efforts to establish those individually criminally responsible for atrocities in Crimea and Donbas, through domestic proceedings and through the International Criminal Court.

Ukraine’s attempts to seek individual criminal responsibility for gross abuses in Donbas and Crimea at the International Criminal Court (ICC) are assessed in part two of this series, coming soon.


Full Article

courts

Trump Administration Rescinds DACA, Fueling Renewed Push in Congress and the Courts to Protect DREAMers

By www.migrationpolicy.org
Published On :: Thu, 14 Sep 2017 16:59:28 -0400

The Trump administration’s decision to terminate the Deferred Action for Childhood Arrivals (DACA) deportation-relief program launched in 2012 has sparked new urgency to find a longer-term fix for "DREAMers," the unauthorized immigrants brought to the United States as children. This Policy Beat article examines movement in the courts and in Congress on the DREAM Act and similar proposals, exploring likely paths forward.


Full Article

courts

Crisis in the Courts: Is the Backlogged U.S. Immigration Court System at Its Breaking Point?

By www.migrationpolicy.org
Published On :: Tue, 01 Oct 2019 12:31:23 -0400

With a backlog of more than 1 million removal cases, the U.S. immigration court system is in crisis. Pressure from external forces, internal challenges, and lagging resources for the courts at a time of massive increases in spending on immigration enforcement have contributed to the backlog. This article explores how the system got to the breaking point, and what opportunities for reform exist.


Full Article

courts

Elements of medical jurisprudence; or, A succinct and compendious description of such tokens in the human body as are requisite to determine the judgment of a coroner, and courts of law, in cases of divorce, rape, murder, &c : To which are added, Dire

By feedproxy.google.com
Published On ::

London : printed for J. Callow, 1814.


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courts

Tennis courts, other parks in Metro Vancouver open up with special rules for the weekend

By www.cbc.ca
Published On :: Fri, 8 May 2020 17:53:28 EDT

Tennis courts in Vancouver, along with several other Metro Vancouver municipalities, will be open this weekend as municipalities across Metro Vancouver lift restrictions put in place in March due to the COVID-19 crisis. There are rules for getting out to play, however.


Full Article

  • News/Canada/British Columbia
courts

Supreme Court says Virtual Courts are not against the concept of Open Court Hearing

By www.lawyersclubindia.com
Published On :: Tue, 5 May 2020 11:30:51 GMT

In a recent plea by Bar Council of India chairman to Chief Justice of India, it was advised against continuation of hearing via video-conferencing after the lockdown ends, to maintain judicial transparency. The Supreme Court in a press report has sai


Full Article

courts

The Pre-Action Protocol for Possession Claims - a view from the courts?

By www.eversheds.com
Published On :: 2009-02-24

The Pre–Action Protocol for Possession Claims (the Protocol) has been in operation for three months. In 2009, we are beginning to get an idea of how the courts are interpreting its use. However, before going further, it's worth remembering wha...


Full Article

courts

Human Rights Lawyer Speaks on U.N. Courts’ Challenges in Cambodia, Sierra Leone

By feedproxy.google.com
Published On :: Thu, 07 Apr 2011 08:32:59 +0000

Human Rights Lawyer Speaks on U.N. Courts’ Challenges in Cambodia, Sierra Leone at EWC Forum
HONOLULU (October 4) –  The East-West Center’s (EWC) Asian International Justice Initiative Coordinator, Michelle Staggs, will speak about human rights challenges at U.N./local government partnered courts in Sierra Leone and Cambodia at an EWC evening forum on Wednesday, October 10. She will address the issue of inter-generational accountability 30 years after the Khmer Rouge period, as Cambodia prepares to confront the darkest part of its recent history.


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courts

Coronavirus – Functioning of courts: impact of COVID-19 on procedural time limits and functioning of courts in the Russian Federation - Russia

By www.eversheds.com
Published On :: 2020-04-14

By Decree No. 206 On Declaring Non-Working Days in the Russian Federation dated 25 March 2020 ("Decree No. 206") the President of the Russian Federation announced that from 30 March 2020 until 3 April 2020 would be considered non-working days in the...


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France – Private enforcement of competition law: French Supreme Courts dismisses nullity and follow-on damages claims of EDF and ERDF

By www.eversheds.com
Published On :: 2017-11-23

On 13 September 2017, EDF and ERDF lost their fight to declare null and void the contracts they entered into further to bids that were rigged by Nexans France (“Nexans”), Prysmian Energies Câbles et Systèmes (“Prysmian...


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Courts Service to increase number of virtual hearings

By www.rte.ie
Published On :: Sat, 09 May 2020 08:25:26 +0000

The Courts Service is to increase virtual hearings and extend the use of physical distancing in courtrooms to allow more cases to be dealt with in the coming weeks.


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Google Duo Courts the PG Crowd With Addition of 'Family Mode'

By feedproxy.google.com
Published On :: Sat, 09 May 2020 09:00:04 +0000

Google has been folding in a score of updates to help delineate Duo from the dozens of other video chat services available.


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Supreme Court chief, justice minister studying how courts can resume amid COVID-19

By www.ctvnews.ca
Published On :: Fri, 8 May 2020 15:40:03 -0400

As talk of reopening aspects of society continue across the country, the Chief Justice of the Supreme Court of Canada Richard Wagner and federal Justice Minister David Lametti have begun a study into how courts could safely begin to resume regular operations in light of COVID-19.


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Justice Department Settles Lawsuit Alleging Military Discrimination Against the North Carolina Administrative Office of the Courts and Senior Resident Court Judge

By www.justice.gov
Published On :: Wed, 25 Feb 2009 13:24:29 EST

The Department announced today that it has reached a settlement that, if approved by the court, will resolve a lawsuit filed by the Department against the Administrative Office of the Courts of the State of North Carolina and the Honorable Jerry Braswell, Senior Resident Superior Court Judge for North Carolina Judicial District 8-B, in his official capacity.


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U.S. Asks Courts in California & South Carolina to Shut Down Promoters of Allegedly Fraudulent $39.2 Million Tax Refund Scam

By www.justice.gov
Published On :: Thu, 5 Mar 2009 11:12:25 EST

The United States has sued tax return preparers in Placerville, Calif., and Columbia, S.C., seeking to bar them from preparing federal tax returns for others. According to the government complaints in the two cases, Teresa Marty of Pollock Pines, Calif., and Winston Able of Blythewood, S.C., prepare federal income tax returns for their customers that claim fraudulent tax refunds.


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Justice Department Issues Guidance Letter to State Courts Regarding Their Obligation to Provide Language Access

By www.justice.gov
Published On :: Tue, 17 Aug 2010 15:14:57 EDT

The Justice Department today issued a letter to chief justices and administrators of state courts clarifying the obligation of courts that receive federal financial assistance to provide oral interpretation, written translation and other language services to people who are limited English proficient.


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Federal Courts Order Seizure of 82 Website Domains Involved in Selling Counterfeit Goods as Part of DOJ and ICE Cyber Monday Crackdown

By www.justice.gov
Published On :: Mon, 29 Nov 2010 10:31:08 EST

Seizure orders have been executed against 82 domain names of commercial websites engaged in the illegal sale and distribution of counterfeit goods and copyrighted works as part of Operation In Our Sites v. 2.0, Attorney General Eric Holder and Director John Morton of the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) announced today.


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Federal Courts Order Seizure of Website Domains Involved in Advertising and Distributing Child Pornography

By www.justice.gov
Published On :: Tue, 15 Feb 2011 16:22:25 EST

Seizure warrants have been executed against 10 domain names of websites engaged in the advertisement and distribution of child pornography.


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Justice Department Reaches Agreement with Colorado State Courts to Remove Language Barriers

By www.justice.gov
Published On :: Tue, 28 Jun 2011 18:07:28 EDT

The Justice Department today announced it has reached an agreement with officials of the Colorado Judicial Department to ensure that limited English proficient (LEP) individuals seeking services throughout Colorado’s state court system will have access to timely and competent language assistance.


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Federal Courts Order Seizure of 150 Website Domains Involved in Selling Counterfeit Goods as Part of DOJ, ICE HSI and FBI Cyber Monday Crackdown

By www.justice.gov
Published On :: Mon, 28 Nov 2011 11:27:50 EST

“Through this operation we are aggressively targeting those who are selling counterfeit goods for their own personal gain while costing our economy much-needed revenue and jobs,” said Attorney General Eric Holder.


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Assistant Attorney General Laurie Robinson Speaks at the International Conference of Community Courts

By www.justice.gov
Published On :: Tue, 31 Jan 2012 10:25:23 EST

"And I want to thank all of you for your commitment to the ideals and principles represented by community courts. These principles – engaging the community, addressing offender behaviors, reducing crime, and ensuring fairness – these have become cardinal tenets of an effective system of justice," said Assistant Attorney General Robinson.


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International Competition Network Launches New Initiatives on Enforcement Cooperation, Investigative Process and Working with the Courts

By www.justice.gov
Published On :: Fri, 20 Apr 2012 18:17:13 EDT

The International Competition Network (ICN) launched and approved three new initiatives on international enforcement cooperation, the investigative process in competition cases and working with the courts.


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Federal Courts Order Seizure of 36 Website Domains Involved in Selling Stolen Credit Card Numbers

By www.justice.gov
Published On :: Thu, 26 Apr 2012 15:41:10 EDT

The seizures are the result of Operation Wreaking hAVoC, an FBI and Justice Department operation targeting the sale of stolen credit card numbers via the Internet.


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Deputy Attorney General James M. Cole Speaks on Alternatives to Incarceration Program: the Use of “Drug Courts” in the Federal and State Systems

By www.justice.gov
Published On :: Mon, 21 May 2012 19:04:11 EDT

"The Attorney General and I are committed to a criminal justice system and a sentencing policy that are both tough and fair; that deter those contemplating serious criminal conduct and that are guided by research that show when non-incarceration is the best sanction," said Deputy Attorney General Cole.


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Federal Courts Order Seizure of Three Website Domains Involved in Distributing Pirated Android Cell Phone Apps

By www.justice.gov
Published On :: Tue, 21 Aug 2012 19:40:54 EDT

The department said that this is the first time website domains involving cell phone app marketplaces have been seized.


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Justice Department Selects Three Domestic Violence Courts to Serve as Resources to Specialized Courts Nationwide

By www.justice.gov
Published On :: Thu, 28 Mar 2013 11:06:03 EDT

The Department of Justice’s Office on Violence Against Women today announced a new Mentor Court Initiative to support criminal and civil domestic violence courts across the country.


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Federal Courts Authorize Service of John Doe Summonses Seeking Identities of Persons Using Payment Cards in Norway

By www.justice.gov
Published On :: Mon, 29 Jul 2013 16:00:35 EDT

The Justice Department announced that federal courts in Minnesota, Texas, Pennsylvania, Oklahoma, Virginia and California have entered orders over the past week authorizing the Internal Revenue Service (IRS) to serve John Doe summonses on certain U.S. banks and financial institutions, seeking information about persons who have used specific credit or debit cards in Norway.


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Justice Department Selects Four Courts to Identify Promising Practices in Custody and Visitation Decisions in Domestic Violence Cases

By www.justice.gov
Published On :: Tue, 12 Nov 2013 12:27:02 EST

The Department of Justice’s Office on Violence Against Women (OVW), in partnership with the National Council of Juvenile and Family Court Judges (NCJFCJ), announces the selection of four courts to participate in the Family Court Enhancement Project (FCEP) to improve custody and visitation decision-making for families who have experienced domestic violence.


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Federal Advisory Committee Examines Juvenile Courts and Justice System Programs for American Indian Children Exposed to Violence

By www.justice.gov
Published On :: Tue, 11 Feb 2014 12:26:37 EST

More than 30 tribal leaders, juvenile court judges, child advocates, juvenile justice system experts and community members from the Salt River Pima-Maricopa Indian Community testified today in the second public hearing of the Advisory Committee of the Attorney General’s Task Force on American Indian and Alaska Native Children Exposed to Violence.


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Justice Department Releases New Planning Tool to Help Courts Provide Access to Limited English Proficient Individuals

By www.justice.gov
Published On :: Fri, 28 Feb 2014 15:50:49 EST

Today, the Justice Department released a new tool to help state and local courts assess and improve their language assistance services for limited English proficient litigants, victims and witnesses who need access to court services.


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