In my previous post, I noted that Libya's admissibility challenge should fail regarding Saif Gaddafi because the government cannot demonstrate that it is able to obtain him from the Zintan militia that is holding him. It's now clear that the Libyan government has even less chance of obtaining al-Senussi: Mauritania's president has said former Libyan intelligence chief Abdullah al-Senussi must be...
Rebels have reported that they are coming under heavy attacks in Syria's Aleppo. Chinese media have told the United States to "shut up" about the dispute in the South China Sea and accusing the US of exacerbating tensions in the region. 19 people are dead after Kurdish rebels attacked military outposts in Turkey over the weekend. Israel barred the envoys of four state...
In my earlier post on Libya's admissibility challenge, I explained how the Libyan government's failure to provide Saif with due process could be relevant to the admissibility of the case against him. There is, however, a far stronger argument against Libya's admissibility challenge, one that I've discussed before: namely, that Article 17(3) deems a case admissible if "the State is...
In my post on the detention of Melinda Taylor and her team, I mentioned that the "guard" planted by the Libyan government to spy on the OPCD's official meeting with Saif first intervened when Saif tried to sign a statement describing his attitude toward the Libyan criminal-justice system. I thought readers might be interested in the statement itself: Unsigned statement/sentiments from...
Call for Papers The University of Liverpool is hosting a conference December 6-7, 2012, on Critical Approaches to International Criminal Law and is seeking abstract submissions of maximum 500 words before September 1, 2012. The University of Amsterdam's Center for International Law has issued a call for papers for a two-day seminar on Interfaces between International and National Legal Orders: An International Rule...
I have just uploaded a new essay to SSRN, entitled "The International Commission of Inquiry on Libya: A Critical Analysis." The essay is a chapter of a book on international commissions of inquiry that is being edited by the LSE's Jens Meierhenrich. Here is the introduction: This chapter provides a critical assessment of the International Commission of Inquiry on Libya, established...
This week on Opinio Juris we provided a forum to two guest posters, Gabor Rona and Michael W. Lewis, who continued their earlier conversation on targeted killing over at Lawfare. In his first post, Gabor asked whether the politicians and military leaders in charge of defining the criteria for targetability will take a more liberal attitude because their own risk is zero and argued...
When I wrote my account of Melinda Taylor and her team's detention, I somehow missed this gem in the OPCD's response: 381. The inability of the particular prosecution authorities assigned to the case of Mr. Gaddafi to conduct credible or effective investigations and prosecutions is amply demonstrated by the fact that these same prosecution authorities claimed that an ordinary swatch watch...
[Gabor Rona is the International Legal Director for Human Rights First and he is responding to a post by Michael W. Lewis] OK, let's forget about drones for a sec. After all, drones are simply a form of targeting. And targeting in war is a good thing. (Since killing is legal in war under certain circumstances, the alternative to targeted killing...
For various family reasons, I have been mostly off-line during the last few months, but I could not let slip by the sad news of the passing of Sir John Keegan, the renowned military historian and author of many works that certainly shaped my thinking and, I would guess, that of many readers. The Telegraph, for which he served as...
Former UN Secretary General Kofi Annan has quit as Syria's peace envoy after becoming frustrated with "finger-pointing" at the UN while the battle in Syria rages on. IPS offers more context here. China has expressed its regret. Meanwhile, a UN resolution on Syria goes to the General Assembly today, criticizing the Security Council for failing to take action and denouncing the use of...
Of all my writing, my article on the relationship between national due process and the Rome Statute's principle of complementarity is almost certainly the most unpopular. (Except in the OTP.) My thesis is a simple one: the failure of a national investigation or prosecution to live up to international standards of due process does not make a case admissible before...
