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Physical& Online Discussions
Ankit Malhotra on Fairness, TWAIL in Cultural Heritage at European Society of International Law
This essay will explore the potential benefits and challenges associated with the creation of an ICCH, the importance of considering the Third World Approach to International Law (TWAIL) perspective, and the need to strike a balance between international standards and local cultural perspectives in order to promote cultural diversity and intercultural dialogue. By examining these key aspects, we aim to understand the significance of an ICCH in protecting our shared cultural heritage and fostering a more inclusive and equitable legal framework for future generations.
Ankit Malhotra at SOAS on The ICC: Challenges and Response to the Independent Expert Review
The International Criminal Court (ICC), established in 1998, plays a pivotal role in prosecuting grave international crimes and upholding global justice. Despite its broad support from 123 member states, the ICC faces challenges in effectively enforcing its mandate due to the absence of robust internal oversight mechanisms. This essay critically analyzes these challenges and the ICC's response, focusing on the Independent Expert Review (IER) conducted in 2020 and the ICC's subsequent actions. The essay begins by delving into criticisms leveled against the ICC, including allegations of bias, slow proceedings, lack of cooperation from member states, and the ineffectiveness of non-compliance procedures. It argues for the necessity of reforms, particularly the introduction of robust internal oversight mechanisms, to address these issues. The bureaucratic hindrances faced by the ICC, such as lengthy pre-trial proceedings, problematic evidence gathering, and administrative affairs, are examined, emphasizing the need for comprehensive reforms to enhance efficiency and enforceability. The findings of the IER and the ICC's response are critically analyzed, assessing recommendations related to efficiency, cooperation with national jurisdictions, witness protection, and victim participation. The ICC's commitment towards addressing these areas and its implications on the Court's functioning are evaluated. The essay further details the ICC's ongoing efforts to improve efficiency, transparency, and public communication in response to the IER recommendations. It evaluates measures taken, such as streamlining procedures, adopting a new case management system, and enhancing internal communication, to assess their impact on effectiveness. The importance of judicial independence and integrity in the ICC's functioning is discussed, focusing on mechanisms being strengthened to resolve conflicts of interest. The ICC's initiatives to improve collaboration with States Parties and balance victims' rights with due process rights are examined, including the restructuring of the victims' application process and the creation of guidelines for their legal representation. Finally, the essay synthesizes the analyses, highlighting the ICC's evolution in the face of challenges and ongoing reforms. It argues that striking a balance between formal and informal oversight mechanisms is crucial to address the ICC's shortcomings and enhance its role in international criminal justice. While acknowledging the complexity of the subject, the essay aims to provide a structured and comprehensive overview, contributing to the understanding of this field's complexities while recognizing its inherent limitations.
Ankit Malhotra’s Paper on Multifaceted concept of professionalism in International Criminal Law
This essay submission delves into the multifaceted concept of professionalism within the realm of International Criminal Justice (ICJ), examining how practitioners perceive their roles, sense of professionalism, and the influence of these perceptions on their everyday work. By exploring the motivations, assumptions, and professional identities of the diverse group of ICJ experts, including prosecutors, victims' lawyers, defense counsel, legal scholars, and evidence collectors, we aim to shed light on the underlying dynamics and tensions surrounding professional behavior in this field. Drawing from sociological approaches, existing literature highlights the hybrid nature of ICJ work, which often intertwines with politics, and the challenges it poses. For instance, the complex political landscape in which these professionals operate might create conflicting expectations and pressures, leading to potential disputes over professional roles and responsibilities. Furthermore, the literature emphasizes the need for cohesion and unity among practitioners, given the global and cooperative nature of ICJ. However, the literature also acknowledges the potential for contestation and fragmentation within their professional identities, which can arise from differences in cultural, legal, and professional backgrounds. Focusing on three main themes—professional self-perception, the notion of 'professionalism', and the wider impact on ICJ institutions and the discipline of international criminal law—this essay seeks to initiate a conversation about the profession, practice, and role of international criminal lawyers. In examining professional self-perception, we delve into how diverse practitioners view their role in ICJ, exploring the interplay between their personal motivations and their professional identities. We also investigate the extent to which these self-perceptions align or diverge, and how they shape practitioners' understanding of their duties and obligations. Regarding the notion of 'professionalism', we scrutinize the values, practices, and beliefs that inform this idea for ICJ practitioners, as well as the potential exclusions and unintended consequences of these assumptions. For example, certain definitions of professionalism may marginalize or exclude practitioners from non-Western legal traditions or those with alternative career paths. Additionally, conflicting or ambiguous guidelines for professional behavior might lead to disputes or tensions within the diverse group of ICJ experts. Furthermore, this essay submission considers the impact of these conceptions of professional self-perception and professionalism on the institutions of ICJ, the discipline, and the practice and teaching of international criminal law. By examining how these perceptions influence the development of legal norms, institutional dynamics, and educational approaches, we aim to identify areas where improvements can be made to promote greater cohesion and inclusivity within the ICJ field. Through a critical reflection on the theme, the essay fosters a dialogue among scholars and practitioners across various stages of their international criminal careers, encouraging the exchange of insights, experiences, and ideas that can contribute to a more nuanced understanding of professionalism in ICJ. In conclusion, understanding the complexities of professionalism within International Criminal Justice is vital to addressing potential tensions and promoting cohesion among its diverse practitioners. This essay submission contributes to this understanding by examining the assumptions, practices, and values shaping professional behavior and identity, and their implications on the ICJ field as a whole. By highlighting areas of potential contestation and fragmentation, we aim to stimulate further research and dialogue, ultimately fostering a more inclusive and collaborative ICJ environment.
Ankit Malhotra's Paper at Oxford University on Studying the International Criminal Court
This essay investigates the effectiveness and drawbacks of both formal and informal oversight mechanisms while considering the implications of a shifting world order characterized by reduced multilateralism and an increasing focus on flexibility and ad hoc measures. By examining the bureaucratic hindrances posed by formal mechanisms and the transparency and consistency issues prevalent in informal mechanisms, this essay aims to provide a comprehensive understanding of the intricacies and trade-offs involved in designing and implementing oversight systems in an evolving geopolitical landscape.
Ankit Malhotra's Paper at EUI, Florence on Exploring an International Court of Cultural Heritage
In an increasingly globalized world, the protection and preservation of cultural heritage has become a matter of paramount importance. Cultural property, which encompasses both tangible and intangible objects of cultural, historical, or aesthetic value, serves as the collective heritage of various communities and nations. The complexities surrounding the dual nature of cultural property have given rise to legal disputes and necessitated the establishment of an International Court of Cultural Heritage (ICCH). This essay will explore the potential benefits and challenges associated with the creation of an ICCH, the importance of considering the Third World Approach to International Law (TWAIL) perspective, and the need to strike a balance between international standards and local cultural perspectives in order to promote cultural diversity and intercultural dialogue. By examining these key aspects, we aim to understand the significance of an ICCH in protecting our shared cultural heritage and fostering a more inclusive and equitable legal framework for future generations.
Ankit Malhotra's Interview of Prof. Dr. Burci on Global Health Law
The COVID-19 pandemic has brought to light the importance of a joint approach to responding to health emergencies and the significance of the International Health Regulations (IHR) in ensuring that countries take minimum measures to mitigate the impact of such crises. However, the IHR also faces challenges such as a lack of resources, the tension between centralizing risk assessment and risk management, and the illusion of a non-political approach to pandemics. The interview with Professor Gian Luca Burci will explore the role of the United Nations Human Rights Committee in addressing the COVID-19 pandemic and the impact of the pandemic on vaccine distribution and communication, including the criticism faced by the COVAX initiative. Additionally, the interview will delve into the proposed WHO Treaty on Pandemic Prevention, Preparedness, and Response, which has received mixed reactions, and how it seeks to create a regulatory scheme that involves both pharmaceutical companies and countries. The COVID-19 pandemic has brought to the forefront the need for better preparation and a more holistic approach to global health, taking into consideration all the different shocks, including non-communicable diseases. The past, present, and future of global health law beyond the COVID-19 crisis raise important ethical questions that come with the protection regime of health and the need to uphold these values.
Fireside Talk: International Law Praxis
In this hybrid fireside talk, we will discuss the importance of international law praxis- the challenges faced in its implementation, and ways to strengthen it. The following speakers will share their perspectives on the topic: Professor Dr. Attila Tanzi (Chair) Full Professor of International Law (University of Bologna), Member of the PCA, Member of the ICSID Panel of Arbitrators, 3 Verulam Buildings, Associate Member. Ms. Monica Feria-Tinta Barrister, Twenty Essex. Mr. Ali Malek KC Commercial Barrister, Chair of Chambers, 3 Verulam Buildings. Mr. Anil Malhotra Practising Barrister, Adjunct Faculty, O.P. Jindal Global University and IAFL Fellow.
Ankit Malhotra's Paper at the American Society of International Law& Cornell Law School on the WHO
An international organization is the culmination of the states’ collective imagination to purport resources for and into a mission mandated to preserve and sustain the common heritage of humankind. This heritage is observed most strongly in the ambitious goals of promoting solidaristic measures such as sharing data, sharing information, sharing pathogens, sharing resources, and sharing technology to maintain a sense of urgency while engaging in thoughtful, sustained, and good-faith deliberation and consensus-building. However, to preserve the principles of the Organization, inter-state and intra-organizational differences must be resolved. If not, a global and overarching organization like the World Health Organization (WHO) will bottleneck. WHO is responsible for directing and coordinating authority on global health is marred with financial imbalance. The imbalance limits and imposes boundaries on an international organization. In the face of inequality, it is crucial to study the legal obligations of member states vis-a-vis financing. The present-day lack of adequate funding has created a deep cleavage and pits the Organization’s mandate on one side and the harsh reality on the other. As a result, exposing the boundaries of an international organization mandated to curb global health challenges such as Pandemics. Through the paper, the Organization’s potency in terms of international responsibility and the rule of law will be apparent, and so will ineffectiveness. To do is, the article will focus on referencing the corrosion of human rights and the right to health caused to the global community. The duality of responsibility on states and international originations enables the origination to implement the responsibility that rests on its shoulders. International human rights law and global governance institutions can and should be powerful drivers for change. Too often, however, their far-reaching potential is curtailed by goals that focus on short-term gains rather than addressing the root causes of human rights and public health failures. They must also ensure the full participation of civil society, including independent public health and human rights experts, to improve the effectiveness and legitimacy of these efforts. Therefore, in times of global health emergencies, it is essential to note that boundaries must be limitless for organizations, and if we fail to prepare, we are preparing to fail.