May 24, 2013 The US's Retreat from IHL (or, the Triumph of Ryan Goodman)
In previous posts (here and here), I discussed the reasons why Obama will never actually enforce the "near certainty" standard regarding civilian casualties and noted that the standard is vastly more restrictive than IHL's principle of proportionalit...
May 17, 2013 Could the PTC Order the OTP to Investigate the Mavi Marmara Situation?
As Bill Schabas noted in his recent post, the Comoros referral raises interesting questions concerning the Pre-Trial Chamber's power to review a decision by the OTP not to open a full investigation into a situation. Most people who don't keep a copy ...
May 14, 2013 Could the ICC Investigate Israel's Attack on the Mavi Marmara?
This is very interesting. The Union of the Comoros, a state party to the Rome Statute since 2002, has formally referred Israel's attack on the flotilla that included the MV Mavi Marmara to the ICC. The question I want to address in this post is wheth...
April 29, 2013 Further Thoughts on Judge van den Wyngaert's Withdrawal from the Kenyatta Case
I have now had the opportunity to read both Judge van den Wyngaert's request to be excused from the Kenyatta case and the Presidency's decision to grant that request. There is no question that workload did indeed play a role in the Judge's decision t...
April 29, 2013 Reminder: New Voices Abstract Deadline May 1!
For the procrastinators among us, here's another friendly reminder about our New Voices Symposium coming up in July and August. As a recap, this July, we are planning to launch a new feature called New Voices: a two-month online symposium to run alo...