International Criminal Law

It's not yet available on the ICC website, but Judge Eboe-Osuji (the President of the Court) and Judge Hofmański (the President of the Appeals Division) have released a short Joint Declaration defending Judge Eboe-Osuji's appointment as the Presiding Judge in the Gbagbo No Case to Answer appeal. The Declaration does not explain his appointment, which seems to confirm Judge Ibañez Carranza's...

Another day, another slow-motion fiasco at the ICC. Today's episode: Judge Luz del Carmen Ibañez Carranza has dissented from a decision to assign a presiding judge to an appeal. The appeal in question involves the Gbagbo No Case to Answer decision, about which I blogged extensively yesterday. The President of the Appeals Division appointed Judge Eboe-Osuji, even though he is already the...

I highly recommend Paul Bradfield's erudite post yesterday, in which he suggests that "the Gbagbo Trial Chamber appears to have departed from the standard enunciated in Ruto" concerning the standard of proof applicable to No Case to Answer (NCA) motions. I do not completely agree -- and I want to offer a couple of thoughts on Paul's post, with the caveat that we...

[Paul Bradfield is a PhD candidate at the Irish Centre for Human Rights at NUI Galway. He formerly worked as a lawyer in the Office of the Prosecutor at the ICC, and in Defence at the ICTY, ICTR and ICC. The views expressed above are entirely his own.] On Tuesday, Trial Chamber I of the international Criminal Court issued its...

[Madaline George, JD, is the Whitney R. Harris World Law Institute Fellow at Washington University School of Law.] During the 17th Assembly of States Parties (ASP) to the International Criminal Court (ICC), a side event was hosted on the Mutual Legal Assistance (MLA) Initiative. The side event – The Initiative for a New Multilateral Treaty on Mutual Legal Assistance and Extradition for Domestic Prosecution...

[Dr. John Heieck is a criminal defense lawyer in the US and an independent researcher of genocide and human rights studies.]  I want to reiterate my thanks to Opinio Juris and the International Commission of Jurists for holding this thought-provoking symposium on my new monograph A Duty to Prevent Genocide: Due Diligence Obligations among the P5. I especially want to thank...

[William A. Schabas is professor of international law at Middlesex University in London. He is also professor of international human law and human rights at Leiden University, emeritus professor of human rights law at the National University of Ireland Galway and honorary chairman of the Irish Centre for Human Rights.] John Heieck has produced a fine study on the duty to...

[Mohamed S. Helal is an Assistant Professor of Law, Moritz College of Law & Faculty Affiliate, Mershon Center for International Security Studies – The Ohio State University.] Introduction Dr. John Heieck’s A Duty to Prevent Genocide: Due Diligence Obligations Among the P5 is a lucid, well-argued, and extensively researched book. It is essential reading for academics and practitioners who have an interest...

[Jennifer Trahan is a Clinical Professor at the NYU Center for Global Affairs.] John Heieck is asking the right questions in his new book, A Duty to Prevent Genocide: Due Diligence Obligations Among the P5. Namely, how does one reconcile hard law legal obligations regarding the duty to “prevent” genocide with the inaction seen out of the UN Security Council as well as...