In association with the International Commission of Jurists

International Criminal Law

03 May

Julian entitled a post last week "The ICC Begins to Fade in Importance in Sudan."  Julian might want to have a talk with Bashir about that: On the international summit circuit, no one can clear a room more quickly than Sudan’s president, Omar Hassan al-Bashir. Leaders have maneuvered to stay out of photographs with him, dashed ...

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29 Apr

This seems like a nice, uncontroversial way to buttress the ICC Prosecutor's Office: ICC Prosecutor Luis Moreno-Ocampo today announced the appointment of Professor Jose Alvarez as his Office’s Special Advisor on International Law. “Professor Alvarez is one of the leading academics in international law,” said Prosecutor Moreno-Ocampo. “He has written extensively on the law-making powers of international organisations and on the...

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28 Apr

Whoops, spoke too soon about the WSJ's anti-ICC editorial.  It does indeed contain a lie -- and its a doozy: What’s more, no amount of reform of the founding treaty will change the ICC’s inherent flaw. The ICC is a child of the doctrine of “universal jurisdiction,” which holds that courts can adjudicate crimes committed anywhere in the...

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28 Apr

Adding to our already energetic discussion about the ICC and Kampala is the WSJ Editorial Board's contribution today.  I share many of the editorial's skeptical views of the ICC and I think even Kevin would not find any "lies" in this article.  Here is the crux of their critique, which I mostly share: From the Balkans to East Timor to the...

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27 Apr

From the Judgment: It was further argued that Germany alone could decide, in accordance with the reservations made by many of the Signatory Powers at the time of the conclusion of the Briand-Kellogg Pact, whether preventive action was a necessity, and that in making her decision final judgment was conclusive. But whether action taken under the claim of seIf-defense was in...

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27 Apr

My UN Dispatch friend Mark Leon Goldberg notes today that a group of Representatives are circulating a "Dear Colleague" letter urging their colleagues to support a resolution "opposing the United States joining the Rome Statute or participating in the upcoming review conference."  Reading the letter is an infuriating experience, not only for its ridiculously bad grammar -- how does one...

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20 Apr

Eli Lake has a fantastic essay at Reason.com on the myriad ways in which Obama has replicated the worst excesses of the Bush administration with regard to national security.  He rightly identifies the source of the problem -- the AUMF, which was passed in a fit of hysteria three days after 9/11 and has no natural expiration date.  Here is...

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15 Apr

Harold Koh's ASIL speech drew lots of attention for his defense of the legality of U.S. use of aerial drones.  But Koh also spent much of the speech explaining and defending the U.S. decision to reorient its relationship toward the International Criminal Court.   He noted U.S. attendance (as an observer) at the ICC Assembly of States Parties in November, and U.S....

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15 Apr

Eric Posner has an editorial today in the Wall Street Journal today that uses the recent indictment of Judge Garzon in Spain as an opportunity to dust off the traditional far-right attack on the concept of universal jurisdiction and the existence of the ICC.  It's a remarkably misleading editorial, one that deserves a thorough response. Mr. Garzon wanted to prosecute Pinochet...

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