Eric Posner has a new Cassandra column at Slate, this latest one foretelling the doom of the ICC. There isn't much point in disagreeing with his basic thesis; no one knows at this point -- not him, not I -- whether the ICC will succeed. It is possible, however, to take issue with a number of assertions that Posner makes in...
One possible silver lining in Russia and China's invocation of the UN Charter to block U.S. action in Syria is that both nations have bound themselves (at least in part) to the same norm. But at least with respect to China, it is probably not bothered by the UN Charter's limitations on the use of force because any of the...
In today's weekly news wrap, Jessica flagged an article that said Saif was due to appear in court in Tripoli for the beginning of the pre-trial phase of the case against him, al-Senussi, and 36 (!) other defendants. The article was inaccurate, and was later updated to make clear that Saif was appearing in Zintan on unrelated charges -- not...
An ICC chamber, at the request of the ICC Prosecutor, has issued a decision "remind[ing]" U.S. authorities of the two Arrest Warrants issued by the ICC, and "invit[ing]" U.S. authorities to apprehend Bashir and turn him over to the ICC. This is not exactly surprising. Still, it is worth noting that the ICC chamber reviews the legal landscape and it concludes (rightly...
According to Reuters, the US is dropping hints that it will grant Omar al-Bashir a visa to travel the UN for the annual meeting of the General Assembly: A senior State Department official said Bashir would "not receive a warm welcome" if he were to travel to the U.N. meeting. The official said Bashir had applied for a visa to attend...
U.S. Ambassador to the U.N. Samantha Power and the U.S. State Department are using unequivocal language to condemn Sudan's President Omar Bashir's application for a visa to attend the U.N. General Assembly meetings in New York. But this tough talk is probably just hot air, since it is likely the U.S. is going to grant him the visa. Here is...
On both twitter and the blog, readers seem to have inferred from my previous post that I'm somehow disappointed that the US-Russia chemical-weapons deal does not automatically allow force for noncompliance. I suppose that's my fault; I tend to assume when I write that readers have at least some prior knowledge of my politics. So let me be clear: I am...
That's the tally in light of the deal that has been reached regarding Syria's chemical weapons. The US position was that any agreement had to permit the use of force against Syria in case of noncompliance. But the US-Russian deal simply calls for the Security Council to consider the consequences of noncompliance under Chapter VII; it does not commit the...
Apparently not, because yesterday's war propaganda editorial by Sebastian Junger beating the drum for attacking Syria is just spectacularly awful. I've been out of the fisking game for a while, but the editorial simply can't pass unmentioned. Every war I have ever covered — Kosovo, Bosnia, Sierra Leone and Liberia — withstood all diplomatic efforts to end it until Western military action...
Andrew Cayley, the co-international prosecutor, has resigned effective next week: British national Andrew Cayley told VOA that it was no secret he was planning to resign this year, but said he was leaving now for personal and professional reasons. He did not elaborate and said his resignation will not affect the ongoing prosecutions under his authority. Cayley’s departure, which is effective September...
In From Apology to Utopia, Martti Koskenniemi mapped how international legal rhetoric can be used to “apologize” for power—to provide a fig leaf over the rude exposure of realpolitik—and how it can be utopian—making rules for a world that does not actually exist. This week we have had two examples of international law and high politics: President Obama’s speech on Tuesday and Vladimir Putin’s...
I've been following Argentina's travails in the U.S. courts with great interest, even penning an oped on the subject back in January on their standoff with sovereign debt creditors in Ghana. Argentina and the so-called "holdout" creditors have been battling out their dispute in the federal courts of New York for years. So it is interesting to note that Argentina...
