In his post below, Harold Koh continually refers to the existence of an "armed conflict" between the U.S. and al Qaeda. Koh does not specify what kind of armed conflict the U.S. believes exists, but he references Common Article 3 in the detention section of the ASIL speech that he quotes, indicating that the U.S. believes it is in a...
Mark Kersten has a useful post today at his excellent Justice in Conflict blog about what will happen once the OTP announces the results of its investigation of the Libya situation. Check it out!...
Here I was, thinking that targeted killing raised complex and contestable legal issues that required painstaking analysis. Fortunately, Somin sets me straight at Volokh Conspiracy by pointing out that, as a simple matter of logic, there is no legal difference between killing Admiral Yamamoto during World War II and killing a terrorist anywhere in the world today: But most of the...
Because the "Untold Stories" symposium that Gerry Simpson and I organized was such a success, we are organizing another one. Here is the call for papers: THE EICHMANN TRIAL AT 50 A two-day international symposium to discuss one of the most important trials of the 20th Century Melbourne Law School 14-15 October 2011 Presented by The Asia Pacific Centre for Military Law, Melbourne Law School,...
A number of students and colleagues have asked me if I believe that Usama bin Laden's killing was legal. I'm swamped with teaching and writing responsibilities, so my ability to blog is limited. But I thought I'd at least put my thoughts on record, skeletal though they may be. And I want to reply to what I think are two...
That question is raised by the ICC's investigation of the post-election violence in Kenya, which included a number of forcible circumcisions of Luo men. According to IRIN Africa, although the OPT originally alleged that the forcible circumcision qualified as the crime against humanity "other form of sexual violence" under Article 7(1)(g) of the Rome Statute, the Pre-Trial Chamber reclassified the...
Publicly, Israel has been nothing but critical of the Goldstone Report. Netanyahu responded to Goldstone's recent partial retraction, for example, by calling for the "twisted and nonfactual" Report to be thrown "into the dustbin of history." Behind the scenes, however, Israel has taken a different approach. According to the Jewish Press, the Report has led the IDF to adopt some very...
The San Francisco Chronicle has the story: The conference, titled "Litigating Palestine," took place at the San Francisco campus March 25 and 26. The 13 speakers - four of them Jewish, according to a school official - discussed legal issues and court cases involving Israel's occupation of the West Bank and Gaza, protests, consumer boycotts and related...
According to the Prosecutor, he needs 421 days to review 12,900 pages of documents that the Pre-Trial Chamber recently ordered him to disclose to the Ocampo Six so they can prepare for their confirmation hearings: International Criminal Court prosecutor Luis Moreno-Ocampo has told the court he needs 421 days to review the evidence to comply with orders given last...
As readers will recall, I wrote a short response to Gabriella Blum's wonderful essay on IHL and common-but-differentiated responsibilities for our inaugural Opinio Juris-Harvard International Law Journal symposium. HILJ has now published my much longer formal response. Here is an overview, from my introduction: Blum’s normative analysis of the desirability of CDRs in IHL is exceptionally...
Luis Moreno-Ocampo wants to formally investigate crimes against humanity in Cote D'Ivoire. Cote D'Ivoire consented to the ICC's jurisdiction over crimes committed there eight years ago. So what's Moreno-Ocampo waiting for? Apparently, a state referral: "We are concerned about the recent information on massive atrocities committed in the western part of Cote d'Ivoire," he said. "We are trying to...
This time concerning the Goldstone Report and whether Israel intentionally targeted civilians during Operation Cast Lead as a matter of policy. You know a post is in trouble when it's entitled "Human Rights Watch Lies re: Goldstone Retraction," but then states, three paragraphs later, "Well, maybe lying isn’t quite right. Roth chose his words carefully, and I suppose...
