I had the great honour last week of giving a presentation to ICC member-states about Art. 15bis and Art. 15ter of the aggression amendments -- the conditions for the exercise of jurisdiction. The presentation was sponsored by the Assembly of States Parties (ASP) and organised by Austria, part of a series of presentations designed to prepare delegations to participate in the...
Wilbur Ross, the Secretary of Commerce: Speaking at the Milken Institute Global Conference on Monday, Commerce Secretary Wilbur Ross recalled the scene at Mar-a-Lago on April 6, when the summit with Chinese President Xi Jinping was interrupted by the strike on Syria. “Just as dessert was being served, the president explained to Mr. Xi he had something he wanted to tell him,...
I read Jennifer Trahan's post yesterday with great interest -- but not surprisingly I disagree with it. Before I get to my disagreements, though, I think it's bizarre that we are all debating the legality of unilateral humanitarian intervention in the context of the recent US missile attack on Syria. It simply beggars belief to think that the attack was in any way motivated...
On Monday, my friend Beth van Schaack posted an excellent analysis at Just Security of the Syria War Crimes Accountability Act of 2017, a bipartisan Senate bill "[t]o require a report on, and to authorize technical assistance for, accountability for war crimes, crimes against humanity, and genocide in Syria." Beth summarises the most important aspects of the bill; in this...
The Loyola of Los Angeles International and Comparative Law Review has just published a special issue on the Nuremberg trials. It contains many excellent contributions, including articles by Hilary Earl, David Fraser, Greg Gordon, and Jonathan Bush. I have also contributed a short chapter, entitled "Taking a Consenting Part: The Lost Mode of Participation," which discusses a mode of participation developed by the NMTs...
In September 2011, Alexander Blackman, a Sergeant in the Royal Marines serving in Afghanistan, executed a Taliban fighter who had been incapacitated by his wounds.This was no spur-of-the-moment killing, as video recovered one year later makes clear. Here is the Court Martial's summary of Blackman's actions, as shown on the video: [The insurgent] had been seriously wounded having been engaged lawfully by an Apache helicopter...
Over the past couple of years, a number of scholars -- including me -- have debated whether IHL implicitly authorises detention in non-international armed conflict (NIAC.) The latest important intervention in the debate comes courtesy of Daragh Murray in the Leiden Journal of International Law. As the article's abstract makes clear, Murray is firmly in the "IHL authorises" camp: On the basis of...
Last week, the UN Economic and Social Commission for Western Asia (ESCWA) sent shockwaves through the international community by issuing a report that -- for the first time in UN history -- claims Israel's treatment of Palestinians amounts to the crime of apartheid. Here is ESCWA's description of the report, entitled “Israeli Practices towards the Palestinian People and the Question of Apartheid,"...
It is difficult to overstate the horrors the US inflicted on Cambodia from the air during the Vietnam War: 230,000 sorties involving 113,000 different sites; 500,000 tonnes of bombs, as much as the US dropped in the entire Pacific theatre during WW II; at least 50,000, and probably closer to 150,000, innocent civilians killed. Even worse, that bombing campaign, along with...
PHAP -- Professionals in Humanitarian Assistance and Protection -- is advertising two positions in Geneva that might be of interest to readers. The first is Policy Coordinator: The International Association of Professionals in Humanitarian Assistance and Protection (PHAP) is looking for an experienced policy professional to support the association’s efforts to foster new perspectives on critical issues affecting the humanitarian sector...
Apparently, being named Charles and having vast military experience is all the rage in the blogosphere these days. Last week I mentioned Charles Blanchard's new blog. And this week I want to spruik Charles Dunlop's new(ish) blog, Lawfire. Charlie is a retired Major General in the US Air Force (where he served, inter alia, as Deputy Judge Advocate General) and currently serves as Executive...
The blog is a one-man show, and that man is Charles Blanchard -- former General Counsel of both the Air Force and the United States Army, current partner at Arnold & Porter in DC. The blog will focus on national-security law, which Chuck "define[s] pretty broadly -- to include topics such as climate change and immigration as well as defense policy." Recent posts...
