The inimitable Sam Moyn and I have a chapter on the Vietnam War and international law in the Cambridge History of the Vietnam War: Volume 3, Endings and Aftermaths, which was just published by Cambridge University Press. Here are the opening paragraphs: There have been thousands of histories of the Vietnam War, but none assigns a pivotal role to international law....
I know Colombia kinda, sorta backed down in the end, but its President's response to Trump's mindless sabre-rattling over deportation flights deserves to be read in full by everyone. Here it is in Spanish: Trump, a mi no me gusta mucho viajar a los EEUU, es un poco aburridor, pero confieso que hay cosas meritorias, me gusta ir a los barrios...
The Chinese Journal of International Law has just published a new article of mine, entitled "The 'Great Powers' and The Formation of International Law. Here is the abstract: The US, Russia, and China – the current “Great Powers” – often disagree over primary rules of international law, such as the scope of self-defence in response to an armed attack. Disagreements over...
In my capacity as Special Adviser on War Crimes, I have been assisting the Prosecutor with the development of the OTP's forthcoming policy on Environmental Crimes Under the Rome Statute (ECP) -- a policy he announced in Paris last February. “Damage to the environment poses an existential threat to all life on the planet,” the Prosecutor said. “For that reason,...
As pretty much everyone in the world knows by now, the ICC's Pre-Trial Chamber (PTC) has issued arrest warrants for Benjamin Netanyahu and Yoav Gallant for war crimes and crimes against humanity committed in the Palestine situation. (It issued one for Mohammed Diab Ibrahim Al-Masri -- Deif -- as well.) Like the Office of the Prosecutor's applications, the PTC's decision...
[I serve as the ICC Prosecutor's Special Adviser on War Crimes. This post is written in my academic capacity and does not reflect the position of the Office of the Prosecutor.] It is being widely reported that President Zelensky has submitted the Rome Statute to Ukraine's parliament for ratification. If so, that is great news: although Ukraine's two Art. 12(3) declarations...
Note: although I serve as Special Adviser to the ICC Prosecutor on War Crimes, I was not involved in the Al Hassan case. The Trial Chamber released its 822-page (!) judgment in the Al Hassan case yesterday. Al Hassan was convicted of a number of serious crimes, including the crime against humanity of torture and the war crimes of torture and...
Note: I serve as Special Adviser to the ICC Prosecutor on War Crimes. Twitter is awash with commentary about tweets issued by the Registry that explain the difference between arrest warrants and summonses. Many people have speculated that perhaps the tweets are related to the Palestine situation. Any such speculation is unwarranted, as the tweets are part of a long-scheduled series...
[Full disclosure: I serve as the Prosecutor's Special Adviser on War Crimes.] In this post I want to provide an overview of the Rome Statute's principle of complementarity. The principle has been consistently misrepresented by politicians and journalists since word first got out that the Prosecutor, Karim Khan KC, intended to seek arrest warrants in the Palestine situation not only for...
In a recent article in International Law Studies, I examined two competing positions concerning how sovereignty functions in cyberspace. The first position, "pure" sovereignty, holds that any low-intensity cyber operation that involves non-consensually penetrating a computer system located on another State’s territory violates the targeted State’s sovereignty. By contrast, the second position, "relative" sovereignty, rejects the idea that the mere...
[I serve as Special Adviser to the ICC Prosecutor on War Crimes. This post is written solely in my academic capacity.] Introduction A few weeks ago, I wrote a long response to an Open Letter calling on the Assembly of States Parties to interfere in the Prosecutor's investigation into the situation in Palestine. Opinio Juris has now published a new attack on...
[As stated on the Contributors page and in my full profile, I serve as Special Adviser to the ICC Prosecutor on War Crimes. This post is written in my personal academic capacity.] Introduction A group of scholars and practitioners have published an open letter to the Assembly of States Parties (ASP) expressing their "grave concern over the integrity of the Office of...