Abraham Joseph

Abraham Joseph

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.

October 2nd is the birth anniversary of Mahatma Gandhi, arguably the greatest Indian ever. It is celebrated as International Day of Peace and Non-Violence. The apostle of peace and non-violence is a revered figure universally. How relevant is Gandhi in 2017? Should be generate any interest in the madness surrounding us? The answer is a resounding yes.

Unabated hatred, race-mongering and vicious violence which characterized Charlottesville must open up new avenues of justice seeking. Can Mahatma Gandhi, the father of the Indian nation and most importantly, the global messiah of peace and non-violence offer a perspective on Charlottesville?

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.

On 15th August, 2017, the Pre-Trial Chamber of the International Criminal Court (ICC) headed by Presiding judge Joyce Aluoch and Judges Cuno Tarfusser and Peter Kovacs issued an arrest warrant against Mahmoud Mustafa Busayf Al-Werfalli under Article 58 (1) of the Rome Statute.

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.

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idely acclaimed and criticized at the same time, the judgment in Bilkis Bano’s case is likely to remain enmeshed in Indian public memory for a long time to come. On 4th May, the Bombay High Court apart from upholding the conviction of 11 persons for gang rape and murder convicted seven people including 5 policemen and 2 doctors for destruction of evidence and non-performance of duties. In total, 18 persons were held guilty for the dastardly crime that continues to haunt the public conscience of the country.

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n 7th April, the United States announced the firing of 59 tomahawk missiles each armed with 1000 pounds of explosives at the Al Shayrat airfield in Syria. The firing which was the first direct attack by the Trump administration against the Assad regime was targeted at Syrian radar equipments, jets, bunkers, fuel sites and other military equipment at the airfield.

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ith the election of Donald Trump as the 45th President of the United States the possible approach of the new administration to international criminal justice and anti-impunity initiatives would be watched very keenly. Trump’s victory has brought back memories of George W. Bush’s presidency, which was characterized by a general contempt towards international criminal law and its only permanent institution, the International Criminal Court (ICC).

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n January 27th, 2017 which ironically happens to be Holocaust Remembrance Day, US President Donald Trump signed an Executive Order entitled ‘Protecting the Nation from Foreign Terrorist Entry into the United States’. The effect of the Executive order, inter alia, was to prevent the entry into the United States, irrespective of visa status, citizens of seven Muslim majority nations.

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