The OTP has weighed in on Libya's ongoing challenge to the admissibility of the case against Saif Gaddafi. In its view, although there are serious questions concerning whether Libya is investigating the same conduct as the OTP, Libya is currently willing and able to conduct a genuine prosecution. Unfortunately, its conclusion regarding ability rests on a very serious legal error....
Neither the arbitral tribunal's order demanding Ecuador act to stop enforcement of the $18 Billion judgment against Chevron, nor Ecuador's continued brazen refusal to follow the order is really much a surprise. The Chevron-Ecuador Death Cage Match continues unabated and has gotten so out of control that almost nothing shocks me about this case anymore. A former Ecuadorian judge swearing...
In doing research on Aung San Suu Kyi, I recently came across this wonderful discussion from 2005 on the role of the intellectual in society. It comes in the form of a dialogue with Alan Clements in his book, The Voice of Hope: Aung San Suu Kyi: Conversations with Alan Clements. Clements: I brought with me a...
I have posted on SSRN my latest article, "Ancillary Discovery to Prove Denial of Justice" just published in the Virginia Journal of International Law. It analyzes Section 1782 discovery proceedings in the context of BIT arbitration and argues that there is now uniform agreement among federal courts that investment arbitration panels are "international tribunals" within the meaning of Section...
As we wait with bated breath for the Supreme Court's decision in Kiobel, it is worth remembering that there are viable alternatives to ATS litigation. That was particularly evident last week when The Hague District Court in the case of Akpan/Royal Dutch Shell. Here's the Judicial Press Release (translated by Pieter Bekker): Four Nigerian farmers and fishermen, together with...
Here's a gem from Libya's latest submission in its challenge to the admissibility of the case against al-Senussi (emphasis mine): The Libyan Government observes that there has been a recent increase in filings in this case, no doubt due to the retention of new counsel for Mr Al-Senussi. Libya of course understands that counsel for Mr Al-Senussi will rightly want to...
We know what is stake at in Libya's admissibility challenge regarding Saif Gaddafi: either a fair trial at the ICC that will likely result in a lengthy prison sentence or an unfair trial in Libya that will almost certainly result in execution. Libya has done nothing to disguise the unfairness of its national proceedings, but it has generally pretended to...
Last week, a Ceremonial Grand Council was held on Ihanktonwan homelands (located within the boundaries of the U.S. State of South Dakota) which concluded and negotiated the "International Treaty to Protect the Sacred from Tar Sands Projects". I can't find a specific list of participants, but news reports suggest signatories included representatives from an array of U.S native American Tribes...
In order for diplomatic missions to function, international law has long accorded diplomats and their families immunity from all local criminal laws. And when a major crime occurs involving a diplomat, there's often a lot of press attention on the case by virtue of the privileges and immunities (Ps&Is) involved. But Ps&Is aren't limited to allegations of rape or manslaughter, they...
Libya has filed a lengthy response to a series of Pre-Trial Chamber questions about the domestic proceedings against Saif. There is much of interest in the motion, but what particularly caught my eye is Libya's open admission that it has repeatedly interrogated Saif and confronted him with witnesses in the absence of defence counsel. Here are the relevant paragraphs (emphasis...
I've been catching up on the lastest filings regarding Libya's complementarity challenges, and I'll have a post tomorrow about some shocking admissions by Libya concerning its planned domestic prosecution of Saif Gaddafi. But I would be remiss if I didn't point out now that Libya is denying -- in writing, but apparently with a straight face -- that it paid...
Nothing in the Human Right's Council's report is particularly novel; it's long been obvious that both the settlements and the transfer of Israeli civilians into the Occupied Palestinian Territories are illegal. Nevertheless, it's worth noting the report's most important conclusions: 100. The facts brought to the attention of the Mission indicate that the State of Israel has had full control of...
