Advisory Board Member
Abraham Joseph is a PhD candidate in International Criminal Law from NLSIU, Bangalore and an Assistant Professor in Ansal School of Law, Ansal University, Gurugram.
17th August, 2017 will go down in history as a momentous day in Transitional Justice. On this day Trial Chamber VIII of the International Criminal Court (ICC) issued a reparations order in the case of The Prosecutor v. Ahmad Al Faqi Al Mahdi holding Mali Isalmist militant Al Mahdi liable for 2.7 million euros in expenses for individual and collective reparations for destruction of cultural property in Timbuktu, Mali, the second time in the history of the Court where orders for reparations have been made, the first being in Germain Katanga’s case.
One of the most significant dimensions of Genocide jurisprudence in recent years has been the decisive shift from ‘Objective’ standards to ‘Subjective’ standards in defining the four protected groups under the Genocide Convention, 1948. Jargon aside, what this essentially means is that controversial objective factors like skin color, physical appearance among others no longer exclusively constitute the determinative tests to assess the commission of the ultimate crime.