[Judge Howard Morrison is a Judge at the ICTY and the ICC] Dr. Philipp Ambach deals with a topic that is contemporary and contentious. In a world where the globalisation of most aspects of human life and endeavour is readily apparent it cannot be that case that those who engage in commercial, and often highly profitable, enterprises that have an impact upon...
As one commenter to Ken's post on the draft UN Security Council Resolution notes, there will be no Security Council referral to the ICC on Syria. Currently there is one paragraph in the draft resolution expressing the Security Council's "strong conviction that those individuals responsible for the use of chemical weapons in the Syrian Arab Republic should be held accountable;" That's not...
Wow! I kind of assumed all the posturing and tough talk from U.S. and ICC officials would scare off Sudan's President Bashir from visiting NY next week to address the UN General Assembly. But it appears he really is coming. Sudanese President Omar Hassan al-Bashir, wanted by the International Criminal Court on genocide charges, said on Sunday he planned to attend...
Recent commentary on Bashir’s request for a US visa to attend the 68th General Assembly has focused on US obligations to grant Bashir a visa under Section 11 of the UN – US Headquarters Agreement. See Julian's post here. Pursuant to this agreement, there is little doubt that the US must permit his transit to the UN despite the fact that...
One possible silver lining in Russia and China's invocation of the UN Charter to block U.S. action in Syria is that both nations have bound themselves (at least in part) to the same norm. But at least with respect to China, it is probably not bothered by the UN Charter's limitations on the use of force because any of the...
I've been following Argentina's travails in the U.S. courts with great interest, even penning an oped on the subject back in January on their standoff with sovereign debt creditors in Ghana. Argentina and the so-called "holdout" creditors have been battling out their dispute in the federal courts of New York for years. So it is interesting to note that Argentina...
In other Latin American news, Venezuela's withdrawal from the American Convention of Human Rights went into effect this week, drawing the condemnations of various human rights groups. The withdrawal was one of the Hugo Chavez's last decisions as President, however, and seems to have been sparked by dissatisfaction with decisions by the Inter-American Court of Human Rights. Venezuela's withdrawal from the...
I'm a little late to this, but it is worth noting that President Santos of Colombia has announced that Colombia will "not abide" by an ICJ ruling awarding certain territorial and maritime rights to Nicaragua. Colombia is not exactly going to simply ignore the ICJ ruling, its Foreign Minister says, but it sure sounds like it is going to do exactly...
[Travel and other expenses related to my participation in the "100 Years Peace Palace" program provided by the Government of the Netherlands and Radio Netherlands Worldwide.] August 28th marked the 50th anniversary of Martin Luther King Jr.’s “I Have a Dream” speech. It was also the 100th anniversary of the completion of the Peace Palace at The Hague. Two dreams from...
OK, I have to admit I was not familiar with the Pacific Island nation of Kiribati before reading this article, but I was heartened to learn that the U.S. signed a maritime boundary treaty with it on Friday. Sometimes supporters of U.S. ratification suggest that it would be almost impossible to work with Law of the Sea signatories like...
In the UK, the government released a brief note which described the legal theory justifying a strike on Syria. The note may have had flaws, but it certainly offered a basis to evaluate the UK government's view of international law. In the United States, the equivalent appears to be conversations between the White House Counsel and Charlie Savage of the...
Although it is sometimes hard to remember, there are things going on in the world that are unrelated to the looming U.S.-Syria conflict. And although I have lots of thoughts on Syria, I wanted to point folks to some other news. Japan is threatening to take Korea to the ICJ as a result of a Korean court has upholding compensation to...
