According to Marlise Simons at the New York Times, Comoros intends to appeal the OTP's decision not to open a formal investigation into Israel's attack on the MV Mavi Marmara. That's its right -- but it's a right without a remedy, because the judges cannot order the OTP to investigate the attack. The relevant provision in the Rome Statute is Art. 53: 1. ...
As Thomas Escritt has reported for Reuters, the OTP has declined to open a formal investigation into Israel's attack on the MV Mavi Marmara. I will have much more to say about the decision tomorrow; I agree with the OTP's conclusion but have serious problems with much of its reasoning. But I thought I'd tease tomorrow's post by noting that, despite...
[Giacomo Pailli is a PhD in comparative law at University of Florence, Italy] Many readers will recall the judgment of the International Court of Justice in Germany v. Italy, where the Court upheld Germany’s claim of immunity under international law vis-a-vis Italy’s exercise of jurisdiction over certain Nazi crimes that had occurred during World War II. The decision received a lot...
Earlier this year, Chris Gevers blogged about the Zimbabwe Torture Docket case, in which the Constitutional Court of South Africa was asked to determine whether the South African Police Service (SAPS) is required to investigate allegations that high-ranking government and security officials in Zimbabwe committed acts of torture. Those acts took place solely in Zimbabwe and involved only Zimbabweans, so the key...
In observance of United Nations Day on October 24, China's foreign minister Wang Yi issued a long statement expressing China's view of itself as a "staunch defender and builder of international law" (Chinese version here). As China-watchers know, China's Communist Party has just completed its "Fourth Plenum" (sort of a Party leadership strategy meeting) on the theme of the promotion of...
Lawyers for the Lago Agrio plaintiffs have filed a communication with the ICC asking the OTP to investigate Chevron officials for alleged crimes against humanity in connection with the company's "rainforest Chernobyl" in Ecuador. Ecuador ratified the Rome Statute in 2002. Regular readers know my sympathies -- both ethical and legal -- lie squarely with the Lago Agrio plaintiffs. The only thing more...
While in DC last week for the ICC/Palestine event at George Mason -- I'll post a link to the video when it becomes available -- I had the pleasure of sitting down with Lawfare's Wells Bennet and Just Security's Steve Vladeck to discuss the oral argument at the DC Circuit on the al-Bahlul remand, which the three of us attended...
These days, I usually use Twitter to point readers to blog posts that deserve their attention. But Mark Kersten's new post at Justice in Conflict is so good -- and so important -- that I want to highlight it here. The post achieves the near-impossible, passionately indicting Canada's right-wing government for creating a political environment ripe for terrorism without in any way suggesting that...
The event at George Mason University on the ICC and Palestine is today. Here, again, is the flyer: If you cannot attend, the live-stream link is here....
I will be participating next week in what should be an excellent event at George Mason University on the ICC and Palestine. The other participants are all excellent -- David Luban, Meg DeGuzman, George Bisharat, and the organizer, Noura Erakat. Here is the flyer: I hope at least some Opinio Juris readers will be able to attend and hear my dire prognostications in person. (If you do,...