Author: Kevin Jon Heller

Nearly 100 employees recently released an open letter to Microsoft demanding that the company cancel its nearly $500 million contract with the Army to develop an Integrated Visual Augmentation System (IVAS). I will let the employees explain why: The contract's stated objective is to "rapidly develop, test, and manufacture a single platform that Soldiers can use to Fight, Rehearse, and Train that...

I tweeted a link to the presentation, but I thought I might post it here along with the accompanying slides. Here is the abstract: This presentation will argue that the ICC’s newly-adopted crime of aggression is useless, anachronistic, and yet beautiful. The crime is useless because the jurisdictional regime adopted by the Assembly of States Parties ensures that the Court will...

Though most of the outrage was manufactured and hypocritical, Rep. Ilhan Omar (D-MN) deserved criticism for her ill-expressed tweet about AIPAC. But she has more than redeemed herself with this exchange with Elliott Abrams, Trump's Special Envoy to Venezuela, at a House Foreign Affairs Committee meeting yesterday. It is a delight to watch Elliott Abrams' face as he is asked --...

As I was doing some research into the invasion of Cambodia by South Vietnamese and US forces in 1970, I came across two official government accounts of the invasion -- one by the US, the other by Australia, one of the six countries that sent ground troops to Vietnam. They tell a rather different story...

Amidst all the faux outrage over a Muslim Congresswoman's (admittedly problematic) tweet -- much of it coming from evangelicals who think all Jews will burn in Hell after the rapture and right-wingers who say nothing about blatantly anti-Semitic attacks on George Soros or Israel's support for the deeply anti-Semitic Prime Minister of Hungary -- here is your daily reminder of the...

At Lawfire, my friend Charlie Dunlap has a long post arguing that the mission to kill Osama bin Laden was consistent with both the jus ad bellum and the jus in bello -- a response to a recent Stephen Carter op-ed that raises questions about the mission. I agree with much of what Charlie says, particularly about the jus in bello...

As I've noted before, the jurisdictional regime at the ICC for aggression is exceedingly narrow. In essence, the Court will have jurisdiction over an act of aggression only in the following situation: 1. The aggressor is a member of the Court, has ratified the aggression amendments, and has not opted out of the Court's jurisdiction. 2. The victim is a member of...

The Appeals Chamber (AC) has decided to conditionally release Gbagbo and Blé Goudé pending its resolution of the OTPs appeal. Gbagbo has already been released, with Belgium agreeing to the AC's conditions. No word on which state, if any, will agree to take Blé Goudé. I'm glad the AC rejected the OTP's argument that Gbagbo and Blé Goudé should remain in detention. But...

It's been a while since I've welcomed a new participant in the blogosphere -- a sign that that the "market" for new blogs in international law is slowing down. But here is a happy exception, courtesy of James Gathii, one of the editors (the other two are Olabisi D. Akinkugbe and Nthope Mapefane): I am pleased to announce the launch today of AfronomicsLaw, a...

Once more into the breach, dear friends. Judge Ibañez Carranza has now responded to the Joint Declaration issued by Judge Eboe-Osuji as President of the Court and Judge Hofmański as the President of the Appeals Division. Short version: she's not happy about the Joint Declaration. Three specific points are worth mentioning. First (para. 2), Judge Ibañez Carranza argues that Judge Eboe-Osuji and Judge...

It's not yet available on the ICC website, but Judge Eboe-Osuji (the President of the Court) and Judge Hofmański (the President of the Appeals Division) have released a short Joint Declaration defending Judge Eboe-Osuji's appointment as the Presiding Judge in the Gbagbo No Case to Answer appeal. The Declaration does not explain his appointment, which seems to confirm Judge Ibañez Carranza's...

Another day, another slow-motion fiasco at the ICC. Today's episode: Judge Luz del Carmen Ibañez Carranza has dissented from a decision to assign a presiding judge to an appeal. The appeal in question involves the Gbagbo No Case to Answer decision, about which I blogged extensively yesterday. The President of the Appeals Division appointed Judge Eboe-Osuji, even though he is already the...