February 2013

Events On March 22, The Vermont Law School Chapter of the Federalist Society and The International Law Society at Vermont Law School are organizing Reaching Critical Mass: International and U.S. Law in the Wake of Modern Exigencies. The conference will explore the delicate balance between combating modern security threats, observing international law, and protecting human rights and civil liberties. Registration is...

If you’re interested, I’ll be on C-SPAN Book TV tomorrow, Sunday, February 24, at 1:20 pm, talking about my book, Living With the UN: American Responsibilities and International Order. It runs about half an hour, and though I have no idea whether I’m especially interesting on the program, I very much enjoyed doing it – I thought the interviewer was...

That may seem like a ridiculous question. After all, Libya is doing everything in its power to prosecute Saif domestically -- and he is facing a variety of charges that carry the death penalty. But consider the text of Art. 17(2), the "unwillingness" prong of the the admissibility test: In order to determine unwillingness in a particular case, the Court shall...

As I have explained before, Libya's admissibility challenge must fail if it cannot ensure that the militia in Zintan who have Saif custody will transfer him to the government to stand trial, because Art. 17(3) of the Rome Statute deems a state "unable" to prosecute if, "due to a total or substantial collapse or unavailability of its national judicial system, the...

This week on Opinio Juris, Julian returned to his old favourite of the Whale Wars, and argued that the US courts can most likely exercise personal jurisdiction over Sea Shepherd, even in relation to its movements in the Southern Ocean. Julian also covered a more recent favourite: the Philippines' UNCLOS arbitration against China. He first reported on an article in the Chinese press...

Read Ali Soufan’s op-ed about Zero Dark Thirty today in the New York Times. If you’ve read Ali’s gripping book, his take won’t surprise you. As he puts it: “I watched ‘Zero Dark Thirty’ not as a former F.B.I. special agent who spent a decade chasing, interrogating and prosecuting top members of Al Qaeda but as someone who enjoys Hollywood...

Kristen asks in her post below whether anyone has a view on whether the UN’s assertion that the cholera epidemic claims in Haiti constitute a public law claim, and hence not within the purview of Section 29 of the UN Convention on Privileges and Immunities is supported by  law or past practice?  I don't have a view, or any genuinely legal materials to raise, but curiously I encountered the issue in passing, in practice as general counsel for an NGO during the Bosnian war in the 1990s.  Circumstances were unique, and for various reasons my client organization decided not to pursue it as a matter of research or dispute, but Section 29 specifically came up as a comment from UN officials I was negotiating with at the time. At the time of the Dayton Accords, the agreement and all the parties - not just signers of the Accords but states, the UN, various other international bodies - agreed there needed to be a TV and radio network reestablished across Bosnia that would broadcast in all languages, provide neutral news reporting, etc., in the run-up to the elections.  But broadcast towers and all that had been destroyed, so the physical infrastructure needed to be put in place very quickly.  The states involved, and some organs of the UN - I'm sure I'm not remembering the details correctly - agreed in principle to fund this, but expressed concern that they could not get the funds flowing quickly enough to meet the deadlines.  So my organization was invited to consider whether it would front the funds, pay for the work, hire the consultants and contractors, and see that the work was completed in time.

The Syrian opposition, the Syrian National Coalition, is willing to negotiate a peace agreement, but they demand that President Al-Assad cannot be a part of any deal going forward. Syria's Ministry of Foreign Affairs has blamed al-Qaeda affiliated groups for yesterday's deadly blasts in Damascus, and called on the UN to do more to fight terrorism. Japan's Prime Minister Abe is in...

  After 15 months, the UN has finally responded to the Haiti Cholera claims brought by lawyers representing over 5000 victims.  For background on this massive and tragic case, see my post here. The UN’s rejection was communicated to the claimants' lawyers via this two page letter which relies on a brief reference to the Convention on Privileges and Immunities in support of...

Yesterday, Myanmar held peace talks between ethnic groups in Chiang Mai, Thailand, in an attempt to resolve the ongoing Kachin conflict. British Prime Minister David Cameron suggested to diverting hundreds of millions of pounds sterling from foreign aid into security and defense. A French General appointed to head the EU's mission to Mali urged the EU to equip the "very impoverished" Malian forces,...

An Israeli soldier has caused outrage because of a photo posted to Instagram showing what appears to be a Palestinian child in the crosshairs of his rifle. Chinese government officials considered using a drone to target a suspected drug lord hiding in Myanmar. In other drone news, the United Arab Emirates has signed a contract with the US to purchase approximately $200 million worth of American-made...