This week on Opinio Juris, Julian noticed the apparent truce between the American right and the ICC, but didn't go as far as calling it peace. Further on the ICC, Kevin pointed out a flagrant mistake at the Washington Times, and argued that the OTP was wrong in concluding that Libya is able to try Saif Gaddafi, because the Rome Statute does not consider a...
“Having the executive being the prosecutor, the judge, the jury and the executioner, all in one, is very contrary to the traditions and the laws of this country,” Senator Angus King Jr. of Maine said at the Brennan hearing. “If you’re planning a strike over a matter of days, weeks or months, there is an opportunity to at least go to some outside-of-the-executive-branch body, like the FISA Court, in a confidential and top-secret way, make the case that this American citizen is an enemy combatant.” Mr. Brennan said the idea was worthy of discussion, adding that the Obama administration had “wrestled with this.” Two other senators, Dianne Feinstein of California, the chairwoman of the Intelligence Committee, and Ron Wyden of Oregon, also expressed interest. Even Robert Gates, a former C.I.A. director who was defense secretary under President George W. Bush and President Obama, said on CNN that such a judicial panel “would give the American people confidence” that a proper case had been made against an American citizen.The speed with which this idea has gained currency in Washington has, I fear, less to do with its merits and more to do with the intense attractiveness of the notion that there might be a neat procedural solution to a messy substantive problem. Alas, I don’t think it works that way. Here’s my thinking.
Okay, I admit it. The ICC is a failure. As Raj Kannappan insightfully notes at the Washington Times, its botched prosecution of Milosevic proves it: Although the International Criminal Court (ICC) was established with the promise of bringing to justice a host of international criminals, the Court has fallen short of delivering on that promise. Eleven years ago, on February 12, 2002, the...
Last May, I offered some critical thoughts on Opinio Juris about Charles Taylor's 50-year sentence at the Special Court for Sierra Leone. I have just finished a short essay (8,000 words) on Taylor's sentence that will appear in an upcoming issue of the Journal of International Criminal Justice; you can find the essay on SSRN. Here is the introduction: On 30 May...
Legal philosopher and renowned scholar Ronald Dworkin passed away yesterday in London at the age of 81. Kenyan presidential candidate Uhuru Kenyatta asked the ICC to postpone his trial. A city court in Oslo, Norway convicted a Rwandan man for involvement in the 1994 Rwandan genocide and sentenced him to 21 years in prison. Amid peace talks, seven troops and an unidentified number...
Is there a private right of action under the Hague Convention on the Civil Aspects of International Child Abduction? The Fourth Circuit said no in 2006, the Second Circuit now says yes, in an opinion released on Monday (the case is Ozaltin v. Ozaltin; Reuters recap here). Sounds like SCOTUS will have to take the question. Attention student note writers! This may be...
With the publication by the Journal of Legal Education’s recent “Fiction Issue,” and the London Review of International Law announcing that they will include poetry with the goal of expanding and enriching the international legal conversation, I thought this poem was particularly timely. It is written by an anonymous friend for those who have suffered from human trafficking...
Self-immolations in Tibet, in protest against Chinese rule, have reached the grim milestone of 100. Japan's defense chief claims that Japan could have pre-emptive strike abilities in the future, speaking with respect to the third nuclear test by North Korea. In a phone call to PM Abe following North Korea's nuclear test, President Obama has confirmed the US' commitment to Japanese defense. Iran and the IAEA...
The OTP has weighed in on Libya's ongoing challenge to the admissibility of the case against Saif Gaddafi. In its view, although there are serious questions concerning whether Libya is investigating the same conduct as the OTP, Libya is currently willing and able to conduct a genuine prosecution. Unfortunately, its conclusion regarding ability rests on a very serious legal error....
From the closing of last night's State of the Union: We may do different jobs, and wear different uniforms, and hold different views than the person beside us. But as Americans, we all share the same proud title: We are citizens. It’s a word that doesn’t just describe our nationality or legal status. It describes the way we’re made. It describes what...
The UN has urged Sudan to strengthen human rights efforts with respect to two recently detained political opposition figures. Rebels have captured Syria's biggest hydro-electric dam and battled army tank units near the center of Damascus. Libya has claimed it is competent to try ex-spy chief under Gaddafi’s regime, Abdullah al-Senussi, though the ICC has called for his extradition to The Hague. The lower house of...
Apparently, the U.S. conservative policymaking world has made its peace with the ICC. As long as the ICC doesn't bother the US, the US won't bother the ICC. But the US has no plans to join either. That is the bottom line from this report from Colum Lynch. Have U.S. conservatives really lost the war on the International Criminal Court? A decade...
