Regions

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?...

[Dr Michael Kearney is Lecturer in Law at the School of Law, Politics and Sociology at the University of Sussex.] On 6 November 2014 the Office of the Prosecutor at the International Criminal Court released the report of her preliminary investigation into the Israeli army's attack on a flotilla of ships, which, in 2010, had been sailing towards Palestine with the aim of breaking Israel's naval blockade of the Gaza Strip. As a result of this investigation the Prosecutor is of the belief that during the interception and takeover of the ship, the Mavi Maramara, in which ten people were killed, Israeli soldiers committed war crimes. The Prosecutor has decided that further action by the Court is not currently feasible on the grounds that the crimes in question are not of sufficient gravity so as to warrant a full investigation. The following thoughts will address issues arising from the Report other than the actual war crimes. (Due to the manner in which the Report is formatted, and specifically the repetition of paragraph numbers, references to excerpts from the Report's Summary are cited as eg 'para Z ExecSumm'). I don’t think this is an unexpected or an unreasonable conclusion from the Office of the Prosecutor with respect the gravity aspect of a preliminary examination. What this statement should encourage however, is the immediate ratification of the Rome Statute by Palestine. The analysis demonstrates how, while distant from any possibility of alleged criminals taking to the dock in The Hague, the International Criminal Court can play a crucial role in considering Israel’s policies and practices against Palestinians through the lens of criminal justice.

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...