It so happens that I have been researching the South African Truth and Reconciliation Commission at the same time that the Senate has published an alarming report of abuse and torture committed by Americans in the name of national security. Without equating South African apartheid with the Bush Administration's policies and practices, I thought that a few insights from...
I am very rarely shocked, but that was my response to yesterday's editorial in the New York Times by Anthony Romero -- the Executive Director of the ACLU -- arguing that Obama should pre-emptively pardon all of the high-ranking officials responsible for the Bush administration's systematic torture regime at Guantanamo Bay, Bagram, Abu Ghraib, various Eastern European black sites, etc. Here is a...
Things are not going well for Ukraine these days as Russia has managed to solidify its control over Crimea and is continuing support for breakaway regions in Eastern Ukraine. It is very hard to justify the legality of Russia’s actions, so it is not surprising that Ukraine is looking for any and all international fora to sue Russia. As usual, the...
I haven't had time to comment on the collapse of the ICC Kenyatta prosecution last week. But friend of blog and Northwestern University law professor Eugene Kontorovich has some interesting thoughts over at National Review. Read the whole thing, but suffice to say, Eugene thinks this is pretty big body blow to the whole idea that the ICC can be an effective...
As a number of commentators have recently noted, the latest report on the OTP's preliminary-examination activities indicates that the OTP is specifically considering whether US forces are responsible for war crimes relating to detainee treatment in Afghanistan -- something it only hinted at in its 2013 report. Here are the relevant statements (pp. 22-23): 94. The Office has been assessing available information relating to...
I'm sure most of us will go see the live-action movie version of PADDINGTON, which recently hit the big screen. And we will do so, of course, because we are interested in what Paddington's residence status says about the UK's harsh immigration laws. Fortunately, Colin Yeo has prepared a nice primer for us at the Free Movement blog, run by...
While researching an essay on the use of analogy in IHL, I had the misfortune of reading Al Warafi v. Obama, a recent habeas case involving an alleged member of the Taliban. Al Warafi argued that even if he was a member of the Taliban -- which he denied -- he was entitled to be treated in detention as permanent...
London-area readers interested in the ICC and Palestine might want to attend the following event, which is co-sponsored by Chatham House and Doughty Street Chambers (where I'm an academic member). It should be good, despite my participation: Milestones in International Criminal Justice: The ICC and Palestine Date: Tuesday 02 December 2014 Time: 18.00 - 19.30 Location: 54 Doughty Street, London WC1N 2LS Venue: Doughty Street...
As I read – and re-read – the OTP’s decision regarding the attack on the Mavi Marmara, one thought kept going through my mind: what was the OTP thinking? Why would it produce a 61-page document explaining why, despite finding reason to believe the IDF had committed war crimes during the attack, it was not going to open an investigation?...
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...
