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Website / SSRN / All Posts - Peggy McGuinness
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Posts of Interest
- 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...
- April 22, 2013
Why Isn't Bill Keller Being Court-Martialed for Aiding the Enemy?
Two years ago, I wrote a long post analyzing the most serious charge in Bradley Manning's court martial -- aiding the enemy, a violation of Art. 104 of the Uniform Code of Military Justice (UCMJ) and 10 USC 904. I claimed in the post that someone lik...
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