In association with the International Commission of Jurists

Regions

09 Dec

[Vasuki Nesiah is an Associate Professor of Practice at NYU's Gallatin School of Individualized Study.] From manufacturing petrol bombs in their homes in Northern Ireland to planning assassinations in Colombia, female combatants confound received scripts of gender and war. Shana Tabak’s article challenges the analytical frameworks deployed by orthodox approaches to transitional justice, lays out an alternative framework that she...

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09 Dec

[Shana Tabak is a Visiting Associate Professor of Clinical Law at The George Washington University Law School, where she is also a Friedman Fellow with the International Human Rights Clinic.] Although the field of transitional justice has made great strides in addressing harms perpetrated against women in the aftermath of conflict, this paper argues that transitional justice mechanisms mistakenly rely on...

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08 Dec

This is the first project in a new partnership between the NYU Journal of International Law & Politics and Opinio Juris. This series of postings will feature reactions from leading scholars to our three forthcoming articles to be published in 44:1. The editorial board of the Journal would like to thank Opinio Juris and Professor Peggy McGuinness, as...

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07 Dec

That's the question asked by my friends at Wronging Rights, in response to a recent article in Time: TIME claims to have obtained an internal ICC memo showing that the Court is "compiling evidence of possible recent war crimes in southern Sudan, allegedly directed by Sudanese Defense Minister Abdelrahim Mohamed Hussein." Apparently, in addition to the Prosecutor's request...

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01 Dec

It's official -- or almost is, to be completely accurate.  Mark Kersten first reported the news at Justice in Conflict, and a Reuters story has now confirmed it.  On December 12, Fatou Bensouda will become the next ICC Prosecutor: An informal meeting of ICC members will be held in New York on Thursday to discuss the appointment, said Liechtenstein's U.N....

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30 Nov

Well, not really today, but it was about twenty years ago that what we now call (incorrectly, at times) the "frozen conflicts"-- the separatist conflicts in Georgia, Azerbaijan, and Moldova-- weren't  frozen but were actually brushfire wars before settling into stalemates. Long-time readers of this blog may remember my interest in these conflicts, starting with the ongoing conflict in Moldova...

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29 Nov

The High Court of Kenya has held that the government has an obligation to arrest Bashir if he sets foot on Kenyan territory: The Kenyan High Court ruling was the result of a case that the International Commission of Jurists (ICJ) brought against Kenya's attorney general and internal security minster in 2010. "The courts have said that Kenya has an...

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29 Nov

The imminent collapse of the eurozone (and maybe the global financial markets as well) makes for terrifying reading. It also is one reminder of how the success of regional and international legal institutions has depended on the general health of the global economy  (and of wealthy states in Europe, North America, and East Asia).  Three stories from today, both big...

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25 Nov

My friend and PhD supervisor Carsten Stahn has posted a very interesting discussion of Libya and the ICC at the Hague Justice Portal.  Here is a taste: One possible option to reconcile domestic jurisdiction with accountability before the ICC may be a division of labor based on temporal jurisdiction. In line with the Council referral, the ICC enjoys ...

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24 Nov

Lord knows I can't stand Mitt Romney.  And I have never bought the idea that Ahmadinejad has committed direct and public incitement of genocide through his inflammatory anti-Israel rhetoric.  But this Mother Jones article is still staggeringly awful: When asked about Iran and Israel at Tuesday's CNN national security debate, on-and-off Republican front-runner Mitt Romney replied in his typically tough, ...

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23 Nov

Most commentators have assumed -- Julian included -- that Libya has an obligation under the Rome Statute to surrender Saif Gaddafi to the ICC before it can challenge the admissibility of the case against him.  At The Multilateralist today, David Bosco quotes a UN diplomat who believes that Libya can challenge admissibility without first surrendering Saif: [Y]esterday, an extremely well informed...

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13 Nov

As readers may know, Israel's Knesset is currently considering two laws designed to prevent foreign governments and international organizations from funding progressive Israel human-rights groups: one that drastically limits the amount of funding such groups could receive, and one that imposes a tax of nearly 50% on foreign funds received by human-rights groups that do not receive Israeli funding (i.e.,...

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