Article 51(4) of the Rome Statute: The Rules of Procedure and Evidence, amendments thereto and any provisional Rule shall be consistent with this Statute. Article 63(1) of the Rome Statute: The accused shall be present during the trial. New Rule 134ter of the Rules of Procedure and Evidence: An accused subject to a summons to appear may submit a written request to the Trial Chamber...
I don't have any insights to offer on the big news this weekend, that legally-non binding-UNSC-resolution-violating agreement in Geneva. But I did want to note one other big sort-of-law news item from the other side of the world: China's announcement that it is drawing an Air Defense Identification Zone (ADIZ) in the East China Sea, including over the disputed Diaoyu/Senkaku...
A flurry of news today over the announcement that Iran has cut a deal with six major world powers -- the Permanent 5 members of the UN Security Council -- the US, Russia, China, France and the UK -- plus Germany. The text of the 'Joint Plan of Action' is also widely available (see here or here). My first reaction on...
The ICC has announced that four individuals associated with the Bemba case, including Bemba's lead counsel and case manager, have been arrested on suspicion of witness tampering and manufacturing evidence: On 23 and 24 November 2013, the authorities of the Netherlands, France, Belgium and the Democratic Republic of the Congo (DRC) acting pursuant to a warrant of arrest issued by Judge...
A few days ago, in response to reports of an imminent deal between P5+1 and Iran concerning Iran's uranium enrichment, Tyler Cullis and Ryan Goodman debated whether Iran has a "right" to develop nuclear power for civilian purposes. Tyler argued that Iran does, citing (inter alia) Art. IV of the Treaty on Non-Proliferation of Nuclear Weapons (NPT): Nothing in this Treaty...
[This Post has been updated]. One of the main benefits of attending a conference (rather than just reading descriptions of its proceedings), is the chance to have face-to-face exchanges with individuals you normally never get a chance to meet. One of the unusual aspects of the Asian Society of International Law is that it draws lawyers from many different Asian...
A couple of days ago, I blogged about proposals that will soon be debated at the ICC's Assembly of States Parties (ASP) to excuse Kenyatta and Ruto from having to be physically present at trial. Colum Lynch has kindly posted the text of the two proposals, both of which would amend Rule 134 of the Rules of Procedure and Evidence (RPE)....
As Mark Kersten discusses today at Justice in Conflict, one of the reasons the Security Council rejected Kenya's request to defer the Kenyatta and Ruto prosecutions is that it believes the issue of their presence at trial is better addressed by the Assembly of States Parties. Here is how Mark summarizes what could happen at the ASP: At this year’s ASP,...
A couple of weeks ago, Mother Jones blogger Kevin Drum said he was surprised that Syria has, by all accounts, voluntarily given up its chemical-weapons capability: I don't really have any comment about this, except to express a bit of puzzlement. As near as I can tell, Bashar al-Assad is really and truly sincere about destroying his chemical weapons stocks.1 But why?...
I've made the trek this week to New Delhi to attend the 4th Biennial Meeting of the Asian Society of International Law. I'll be presenting a paper on my favorite subject these days: The China-Philippines (Non) Arbitration. I've tweeted a few not very profounds thoughts on Day One here. AsianSil is quite a different type of meeting than the American...
The debate over autonomous weapons is not so visible in the United States, but the ban campaign launched by Human Rights Watch a year ago - an international NGO coalition called the "Campaign to Stop Killer Robots" - has been quite active in Europe and at the UN, where a number of countries raised the issue in their statements to...
I agree with Peter that there is a move to universalize (through accretion) a norm against spying via Article 17 of the ICCPR. But unlike Peter, I think it will get nowhere. Instead, I was struck by how the German complaint against the NSA program has not really been phrased in terms of how it violates international norms or laws....
