Introduction
The use of criminal law, as the most coercive means available to the state (or other entities bearing ius puniendi) to shape individual behaviour, must be accompanied by one question: what is its purpose? What function should criminal law serve? In short, what legitimises the state’s restriction of the most fundamental rights of the individuals who make up its…
Recognition is one of the most decisive yet contentious acts in international law. It determines who participates in the international system as a legitimate sovereign state. In theory, the criteria for statehood are well-defined under the Montevideo Convention of 1933, which lists a permanent population, defined territory, effective government, and capacity to enter relations with other states as the key…
International law is often described as one of the most paradoxical concepts of law, where one state agrees while another state contradicts. Nations rarely reach a common consensus on fundamentals related to international law. Whether it constitutes as true law or when a political entity should be recognised as state. This disagreement is mostly derived out of the desire for…
The digital advertising ecosystem today uses sophisticated data analytics and AI to target consumers far more precisely than traditional one-way media. Platforms like Google and social networks collect demographics and behavior to tailor ads and measure ROI. However, this precision comes at a cost – automated “bots” now generate about half of all internet traffic. Many bots are benign (search…
The notion of formal recognition within the international system is viewed as a formal acknowledgement for an entity to qualify as a state. Sudan and Palestine demonstrate contrasting dimensions of the recognition politics. Sudan is fully recognised as a sovereign state, and the state recognition remains largely unaffected despite extensive documentation of atrocities in the ongoing conflict.[i] In contrast,…
States are considered the primary legal entities and subjects of international law with the power and capacity to make treaties, however they can still make agreements with non-state entities, such as NSAGs, international organizations, individuals and people who acquire legal personalities and struggle for equal rights. The legal status of non-state armed groups (NSAGs) in International law is a critical…
Imagine a person who is mute and locked within a black box. Suddenly, a shadowy figure appears, gratifies their own desire with the person, and then disappears. Now, the individual cannot invoke Article 21 nor claim the status of a victim of sexual assault simply because they are not alive.Now imagine, someone rapes a person and then kills them —…
Q.1 The Collegium system has long been criticized for its unprincipled selection process and no accountability. What do you propose, an overhaul of the system itself or a greater transparency in the process of selection?
I am unclear as to what you mean by an “overhaul of the system” in this context,…
1. Introduction
Where prison walls are groaning with twice their intended capacity and justice drags at the pace of paperwork, the idea of reform often seems pie in the sky. India’s criminal justice system, deeply ingrained in colonial legacies is confronting an unfathomable crisis of legitimacy. Prisons are operating at 250-400% of their sanctioned capacity, whilst undertrials are forming a…
A teenager’s humiliation goes viral. Deepfake is a form of identity theft in which an individual takes on the identity of an unsuspecting professional. A survivor re-experiences their trauma whenever their name is searched. Now, where bruises and broken bones were once considered the most serious, they pale in comparison to the wounds that may be digital but just as…
