It went down to the wire, but it's over. States reached consensus on adopting the aggression amendments -- after those in the opt-out camp gave in to the opt-in camp. The adopted Draft Resolution provides the following: Confirms that...
[Gregory Gordon is Associate Professor of Law at the Chinese University of Hong Kong] I’m here on the ground in New York and I want to provide an additional perspective on Kevin’s post. First, the document he has posted is strictly a transitory draft meant only to facilitate discussion. In no way does it necessarily represent any hardened position of the...
A new document is being circulated at the Assembly of States Parties entitled "Draft Resolution: Activation of the jurisdiction of the Court over the crime of aggression." Operative Provision 1(b) seems to indicate that the opt-out camp, led by Liechtenstein, has conceded the jurisdictional point to the opt-in camp, led by Japan, Canada, and the United Kingdom. Here is the text of OP1(b): (b) ...
The US submission to the ASP has finally appeared. It is not very long -- about 1.5 pages -- but manages to pack in a good number of false claims and bizarre interpretations of the Rome Statute. In terms of falsity, the US repeats its longstanding claim that the Court has no jurisdiction over the nationals of non-state parties, even when those...
Although many important issues will be discussed this week at the Assembly of States Parties (ASP), none will be quite so momentous as the decision to activate the ICC's jurisdiction over the crime of aggression. Whatever one thinks of the merits of the definition of aggression, there is no question that the activation of jurisdiction will represent the culmination of...
Reminder: Deadline for Applications for Seventh Annual Junior Faculty Forum for International Law—May 28, 29 and 30, 2018 This is a brief reminder that applications for the Seventh Annual Junior Faculty Forum for International Law are due on Dec. 15, 2017. The Forum will be convened by Anne Orford (Law – Melbourne), Dino Kritsiotis (Law – Nottingham) and J.H.H. Weiler (Law –...
[Jeffrey Biller, Lt Col, USAF, is the Associate Director for the Law of Air, Space and Cyber Operations at the Stockton Center for the Study of International Law, US Naval War College.] On 27 May 1941, the British battleships King George V and Rodney engaged the German battleship Bismarck, which had been previously disabled by a torpedo attack from aircraft belonging...
A couple of days ago, the OTP finally announced what we all expected: that it would not reconsider its refusal to open a formal investigation into Israel's attack on the MV Mavi Marmara. Dov Jacobs has already offered some thoughts on the lengthy document the OTP has filed with the Court explaining its reasoning -- what the OTP nicely calls...
I am proud of many of my former students, but the one I am most proud of is Golriz Ghahraman, who took my international criminal law course many years ago at the University of Auckland and is still a dear friend. In the years since my course, Golriz has worked on the Karadzic case, earned an MSt in human rights from Oxford,...
[Jennifer Trahan is an Associate Clinical Professor at the Center for Global Affairs at New York University.] As Jens Ohlin has written, a highly awaited verdict came out Wednesday, November 22, sentencing Ratko Mladic, former commander of the Main Staff of the Bosnian Serb Army (VRS), to life in prison for genocide, war crimes and crimes against humanity committed from 1992-1995. The...
Following on the heels of the much-reported e-mail scandal, FICHL has released a policy brief entitled "A Prosecutor Falls, Time for the Court to Rise" that is an utterly damning indictment of Luis Moreno-Ocampo's tenure at the ICC. Here is a taste of the report, which picks up not long after the Court became operative: This idyllic mood in the OTP continued through...
The ICTY Trial Chamber announced today its verdict in Prosecutor v. Ratko Mladić and has found the defendant guilty and sentenced him to life in prison. (The judgement summary, which was read aloud in court, is available here. I don't see a link to the full judgement; if someone else has it, please provide a link in the comments below.)...
