I'd normally leave this for the announcements post, but the Harvard International Law Journal has been extremely kind to me -- not only publishing two of my articles, but also organizing online symposiums for each of them. So the least I could do is put in a kind word for the Journal's ambitious new plans for its online component: The Harvard...
I wasn't feeling particularly well on my recent long flight from Buenos Aires to Amsterdam, so I took advantage of my sickness to binge watch all eight episodes of BBC2's international criminal justice drama, Black Earth Rising, which focuses on the 1994 Rwandan genocide. I wasn't expecting much, because BER was billed as a drama about the ICC. But I was...
On Wednesday, a court in the UAE sentenced a PhD student at Durham University, Matthew Hedges, to life imprisonment for supposedly "spying" for the British government. There is no evidence to support the spying allegation, and both Hedges and the British government vociferously deny it. By all accounts, Hedges was simply in the UAE to research the country's foreign and...
To celebrate the launch of our new website and new members, Opinio Juris will be holding a symposium over the next two weeks on Harold Hongju Koh's new book, The Trump Administration and International Law, which was just published by Oxford University Press. (You can get a 20% discount by clicking on the OUP advertisement to the right of this...
The International Commission of Jurists organised a fascinating side-event yesterday at the Human Rights Council. Here is the ICJ's background statement: Particularly when crimes under international law are perpetrated on a large scale in situations of crisis, there is an urgent need to preserve evidence for use in eventual criminal proceedings, whether at the International Criminal Court or other national or...
Much has been made of how relations between the ICC have improved since the second term of Bush the Younger. I think we all expected that to change in the wake of Trump's election, particularly after the OTP announced its intention to investigate detention-related abuses in Afghanistan and in CIA black sites in Eastern Europe For a while, nothing much...
A number of commentators -- including me -- have questioned whether the OTP should open an investigation into Myanmar's treatment of the Rohingya if that investigation would be limited to the crime against humanity of deportation. Here, for example, is what I wrote in April: [T]here is the question of situational gravity. Should the OTP investigate the Rohingya situation if it...
Okay, it didn't directly say that. But that is the logical consequence of the Pre-Trial Chamber's new decision upholding the Court's jurisdiction over the deportation of the Rohingya from Myanmar. According to the PTC (para. 71), the crime against humanity of deportation (unlike forcible transfer) necessarily takes place in two states, because one of the essential elements of the crime...
On Monday, the OTP filed a motion in the Bemba Witness Tampering Case entitled "Detailed Notice of Additional Sentencing Submissions." The OTP argues that, in determining the appropriate sentence for Bemba, Kilolo, and Mangenda, Trial Chamber VII should take into account the fact that the witness tampering by Bemba and his co-defendants led the Appeals Chamber to wrongly acquit Bemba in the...
A few readers have contacted me privately to note that my previous post significantly underestimated the number of ILO judgments against the ICC. I said at least three. In fact, the number is much, much higher -- the result of a series of recent judgments issued by the Administrative Tribunal since the beginning of 2017. Each of the judgments involves...
This is a major development, one that I hope does not get lost in the welter of commentary on the Bemba acquittal. If you recall, in June 2012 the Libyan government detained four ICC officials who were in Zintan on official Court business: Melinda Taylor from the Office of Public Counsel for the Defence (OPCD), who had been provisionally appointed...
Last Friday, Pre-Trial Chamber I issued an Order Convening a Status Conference to consider the OTP's request for a ruling on whether the ICC has jurisdiction over Myanmar's deportation of the Rohingya to Bangladesh -- an issue I discussed here. According to the Order, the status conference will be held "on 20 June 2018...