Not surprisingly, the AU has condemned the ICC's decision to issue an arrest warrant against Bashir for genocide. Equally unsurprising, the new resolution seems to have been adopted with the same kind of back-room machinations that led to the AU's previous resolution condemning the ICC: Over the weekend, delegates from the AU countries reportedly fought a fierce battle that led...
I've got some bigger picture thoughts (cautionary, from an alien rights perspective) over at the NY Times Room for Debate. As for Judge Bolton's reasoning in her order invalidating key provisions of the law, it is striking how much work Hines v. Davidowitz (1941) does as the centerpiece precedent. In some ways it's a good fit. Hines also involved a...
[The following is a guest-post written by Ifeoma Ajunwa, a human-rights attorney who is beginning a PhD at Columbia University in the fall. Our thanks to her for contributing -- KJH] In April of 2007, as a representative for the NGO, Human Rights Advocates (HRA), I was privileged to attend the 4th session of the United Nations Human Rights Council in...
[John Cerone is Professor of International Law, and Director of the Center for International Law & Policy at New England Law | Boston] The World Court’s conclusion that Kosovo’s declaration of independence was not unlawful is being with a resounding "duh" by most international lawyers. The International Court of Justice, in the narrow advisory opinion, simply found that the making of...
[The following is a guest-post by Lt. Col. Chris Jenks, the Chief of the International Law Branch in the Army's Office of the Judge Advocate General. He is blogging in his personal capacity.] The day ICC supporters and detractors alike hoped would come, albeit for very different reasons, arrived on Wednesday, July 21st -- Sudanese President Omar Bashir publicly...
The US Naval War College international law conference, held in June in Newport, Rhode Island, is now online in video format. It was a terrific discussion, with great panels and discussants, and I counted it as a privilege to be there. One reason the video for this conference is so interesting, however, is that the audience - and this year...
With an election scheduled for August 21, Prime Minister Julia Gillard and Opposition Leader Tony "Check Out My Speedo" Abbott were set to debate tomorrow night at 7:30 pm. There was just one problem with that idea...
Dave Hoffman has a post today at Concurring Opinions reporting the results of an empirical study of how often law reviews have cited various blogs. According to the study, blogs have been cited 5460 times since 2006, with the following blogs representing the top-10 in terms of citations: FindLaw's Writ -- 618 citations Volokh Conspiracy -- 402 SCOTUSBlog -- 305 Balkinization -- 259 Patently-O --...
Now that I've had a chance to read through the ICJ's advisory opinion, following are a few initial reactions. (I will consider the separate opinions in another post.) Marko Milanovic has done a great job parsing the main issues that were at bar, namely 1. Whether the ICJ should exercise advisory jurisdiction in this case; 2. How broadly or narrowly the question posed by...
According to the Associated Press: The United Nations' highest court says Kosovo's declaration of independence from Serbia did not break international law. The nonbinding opinion sets the stage for a renewed push by Kosovo for further international recognition of its independence. Reading the opinion Thursday, International Court of Justice President Hisashi Owada said international law contains no "prohibition on declarations of independence." ...
CIA director Leon Panetta has named a new National Clandestine Service chief, reports Peter Finn in the Washington Post today. The new chief, John Bennett, has been serving as station chief in Pakistan, overseeing in particular the expansion of the drone campaign carried out by the CIA there. One can safely take that as further evidence that the Obama administration...
Two items worth noting. First, as Julian pointed out the other day, Moreno-Ocampo's refusal to comply with the Trial Chamber's order to disclose the identity of an intermediary to Lubanga's defense team has led the Trial Chamber to order Lubanga's release pending appeal. (The OTP filed the appeal today). It is bad enough that the "independent statutory obligation" to protect...
