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...
The Kenyan government has filed a 30-page motion with the ICC's Pre-Trial Chamber II arguing that recent improvements to the Kenyan criminal-justice system render the cases against the Ocampo Six inadmissible. Here are the highlights of the reforms, from the motion's introduction (para. 2): 2. The Government's Application must be determined with a full understanding of the fundamental and far-reaching constitutional...
It's amazing what not working for the government can do for one's ability to tell the truth. As readers likely know, State Department spokesman P.J. Crowley was forced to resign last month for the sin of accurately describing Bradley Manning's abusive conditions of confinement as "ridiculous and counterproductive and stupid." (For his part, the ever-credulous Obama dismissed the abuse allegations...
Critics of the Security Council's decision to refer the situation in Libya to the ICC normally argue that the referral denies Gaddafi the option of going into exile instead of fighting to the death. That may or may not be true -- as I've noted previously, Max Boot's reliance on Charles Taylor's prosecution to make that argument fudges the actual...
I wanted to call readers' attention to an upcoming web seminar on Libya held by Harvard's Program on Humanitarian Policy and Conflict Research. The Program's web seminars are always excellent, and this one -- which features Luis Moreno-Ocampo and Nicholas Burns -- shapes up to be superb. Here are the details: On Tuesday, April 5, 2011, the Program on Humanitarian...
My colleague Anne Orford has a fascinating contribution today to the official blog of the London Review of Books questioning the universality of the supposedly universal international law that underlies the Security Council's authorization of military action in Libya. Here is a taste: In 1954, Carl Schmitt bemoaned the destruction of European international law in the 20th century. According to...
In a post today at Commentary, Boot argues that Taylor's arrest after going into exile makes it more likely that Gaddafi will fight to the death instead of negotiating a gracious exit from power: Once upon a time, an autocrat could step down and live out his days securely in the south of France or some other plush locale. That...
Here it is: My thanks to all of our readers who provided me feedback on earlier covers. Note that the dust jacket now provides a short description of Ben Shahn and the painting; particular thanks to readers who suggested the description! I hope you can read the text on your screen....
Our friends at Lawfare have been having a typically intelligent debate about the meaning of the Obama administration's recent declaration that “The U.S. Government will...
With all the attention being paid to the situations in Libya and Kenya, the situation in Darfur has receded into the background. (Par for the course, unfortunately, with Darfur.) So it's worth noting that the ICC's Pre-Trial Chamber I has confirmed charges against two Darfuri rebels alleged to have orchestrated a September 2007 attack that killed 12 African Union peacekeepers: On...
