This week on Opinio Juris, Kevin was surprised by an unexpected dissenter in Kenya's request to the Security Council to terminate the ICC's Kenya cases. He also analysed whether the ICC has jurisdiction over Israel's attack on the Mavi Marmara and particularly whether the flotilla attack qualifies as a "situation". He followed up with a post asking why the Comoros are represented...
As Bill Schabas noted in his recent post, the Comoros referral raises interesting questions concerning the Pre-Trial Chamber's power to review a decision by the OTP not to open a full investigation into a situation. Most people who don't keep a copy of the Rome Statute in their back pocket probably believe that the OTP has complete discretion concerning such...
Armenian-American groups are up in arms over the U.S. government's decision to file an amicus brief against a California law allowing claims against insurance companies by "Armenian genocide victims." But they shouldn't be. The law really involves an ongoing constitutional powers debate between the states and the federal government over foreign affairs, and the U.S. government is siding (not surprisingly)...
The UN General Assembly has voted to pass a resolution condemning the Syrian government for human rights violations and call for a transitional government. International donors pledged 3.25 billion euros ($4.22 billion) to help Mali recover from a conflict with al Qaeda-linked Islamists. A suicide bomber in a car targeted two vehicles carrying foreign forces in Kabul, Afghanistan. Three people were killed when...
As Peter noted yesterday, the recent tragedies in Bangladesh factories have resulted in a major breakthrough with the signing of the Accord on Fire and Building Safety in Bangladesh. Thus far, leading retailers such as H&M, Marks & Spencer, Tesco, Sainsbury’s, Benetton, and Calvin Klein are on board. Notably absent from the list are leading U.S. retailers such...
In my previous post, I expressed my skepticism that the OTP will open a formal investigation into the situation -- loosely defined -- involving Israel's attack on the MV Mavi Marmara. In this post, I want to raise two issues concerning Comoros' referral that I find particularly troubling. First, why is Comoros being represented by Turkish lawyers, the Elmadag Law Firm...
The Japanese military's forced prostitution of Asian women before and during World War II was necessary to "maintain discipline" in the ranks and provide rest for soldiers, an outspoken nationalist mayor has said. Russia has ordered the expulsion of an alleged CIA agent working undercover at the US embassy who was discovered with a large stash of money trying to recruit a Russian...
This is very interesting. The Union of the Comoros, a state party to the Rome Statute since 2002, has formally referred Israel's attack on the flotilla that included the MV Mavi Marmara to the ICC. The question I want to address in this post is whether the Court has jurisdiction over the flotilla attack. I think it's clear that it does...
Here's the text of the agreement described in reports in the NY Times and elsewhere today. It's the most significant institutional response to the massive loss of life (now above a thousand dead) in the April Bangladesh factory collapse. This may be a signal episode in the continuing evolution of global corporate regulation. Formally styled as the "Accord on Fire and Building...
UN Special Rapporteur Richard Falk urged Israel to stop construction of a highway that would cut off the local roads of Palestinian community Beit Safafa. A Swiss court is trying Belgians and Czechs in one of the biggest money laundering scandals dating back to central Europe's post-communist privatization boom. Major U.S. retailers including Gap Inc. declined to endorse an accord on Bangladesh building and fire...
The ICC's website is its public face. Scholars, activists, and interested laypeople -- many who live in the situations under investigation -- rely on it as their primary source of information about the Court's activities. So it is imperative that the Court update its website in a timely fashion. Time and again, however, it does not. Case in point: three new...
[William S. Dodge is Professor of Law and Associate Dean for Research at the University of California, Hastings College of the Law. From August 2011 to July 2012, he served as Counselor on International Law to the Legal Adviser at the U.S. Department of State, where he worked on the amicus brief of the United States to the Fourth Circuit...
