In my essay on signature strikes, I criticize (and I'm not alone) the U.S. practice of considering military-age males in an area of known terrorist activity to be lawful targets. That signature, however, pales in comparison to the possibility that the U.S. is targeting "children with potential hostile intent," as well: The US military is facing fresh questions over its targeting policy in Afghanistan after...
A number of commentators have challenged my claim that Articles 11(2) and 12(3) of the Rome Statute would permit Palestine to accept the ICC's jurisdiction retroactively, whether as a member-state or on an ad hoc basis. Here, for example, is what my friend Jennifer Trahan wrote yesterday at IntLawGrrls: Even if an entity becomes a "state," should there be jurisdiction that...
I've been meaning to discuss the AP's recent claim that an obviously fraudulent graph provided to it by an unnamed country (almost certainly Israel) proves that Iran is trying to build a nuclear weapon. As is often the case, however, Glenn Greenwald beat me to it. If the AP were capable of shame, it would immediately retract the...
In the wake of today's long-overdue vote to upgrade Palestine to observer-state status, there seems to be persistent confusion concerning what would happen if Palestine ratified the Rome Statute. In particular, a number of commentators seem to think that it is unclear whether the ICC would have jurisdiction over crimes committed prior to Palestine's ratification. (See Colum Lynch at FP,...
The United Nations General Assembly is set to decide Thursday whether to upgrade Palestine to "non-member state" status, on par with the Vatican. The resolution will almost certainly pass, given that more than 130 states have already recognized a Palestinian state. The interesting question is whether powerful Western states will vote in favor of the resolution. France...
[Chris Jenks is an assistant professor of law at SMU Dedman School of Law. He previously served as chief of the US Army’s international law branch where his responsibilities included foreign criminal jurisdiction (FCJ) over US service members.] The U.S. and Afghanistan recently initiated formal discussions concerning the continued presence of U.S. troops in Afghanistan after 2014, when Afghanistan is expected...
Okay, not Saif Gaddafi. Saadi: Niger’s President Mahamadou Issofou has said his government is ready to hand Saadi Qaddafi over to the International Criminal Court should the body request it to do so. To date, the ICC has not issued a warrant for Saadi’s arrest, and will not request his extradition unless that position changes. On 7 November, however, the ICC’s Chief...
I've written before about Judge Sow's attempt to make a statement in open court criticizing Charles Taylor's conviction. Now Judge Sow has given a lengthy interview to the New African magazine concerning the trial, his attempt to make the statement, and his punishment afterward. As Bill Schabas points out today, "[n]othing comparable has ever appeared in the history of international criminal justice." Judge...
Happy Thanksgiving, the best of the American holidays ...
[Dr Michelle Foster is an Associate Professor and Director of the International Refugee Law Research Programme in the Institute for International Law and the Humanities at the Melbourne Law School.] This post is part of the MJIL 13(1) Symposium. Other posts in this series can be found in the related posts below. Both Professor Crock and Professor Kneebone, in their respective contributions,...
[Susan Kneebone is a Professor at Monash University] This post is part of the MJIL 13(1) Symposium. Other posts in this series can be found in the related posts below. In her article Associate Professor Michelle Foster argues that there are limits imposed by the Refugee Convention and international law to the circumstances in which states may lawfully engage in transfer...
