Courts & Tribunals

23 Jul

Can the Security Council Authorize the Arrest and Trial of a Head of State?

I'm not sure what to make of this argument by Messrs David Rivkin and Lee Casey in today's Wall Street Journal questioning the legality of the ICC Prosecutor's proposed arrest warrant for Sudan's president: The U.N. Security Council is not a judicial body, and any legitimate authority it may have to subject member states to the ICC -- or its own...

Julian Ku | 7 Comments

18 Jul

ASIL Presidents Ask Congress to Step in to Resolve ICJ Medellin Stand Off

Past and current presidents of the American Society of International Law today urged leaders in Congress to take legislative action to comply with the ICJ decision in Avena and halt the executions of Jose Medellin and the other affected death row inmates until the review required by the ICJ has been carried out. Full text of the letter is here. So, readers, is...

Peggy McGuinness | 2 Comments

18 Jul

Avena and Article 60 Jurisdiction

One of the most interesting aspects of the ICJ's recent order in Avena pertains to the Court's finding of jurisdiction under Article 60 of the Statute. Mexico filed the case as a request for interpretation about the meaning of the Avena judgment because the United States withdrew from the Optional Protocol. Thus, the only way for the ICJ to have jurisdiction is to find a dispute...

Roger Alford | 0 Comments

16 Jul

That Pesky ICJ Just Won’t Give Up

In a both metaphorical and literal last gasp effort, Mexico has won an "indication of provisional measures" from the International Court of Justice ordering that the United States (and Texas in particular) take all necessary measures to stop the pending executions of Mexican nationals. The United States of America shall take all measures necessary to ensure that Messrs. José Ernesto Medellín Rojas, César...

Julian Ku | 6 Comments