At Lawfire, my friend Charlie Dunlap has a long post arguing that the mission to kill Osama bin Laden was consistent with both the jus ad bellum and the jus in bello -- a response to a recent Stephen Carter op-ed that raises questions about the mission. I agree with much of what Charlie says, particularly about the jus in bello...
As I've noted before, the jurisdictional regime at the ICC for aggression is exceedingly narrow. In essence, the Court will have jurisdiction over an act of aggression only in the following situation: 1. The aggressor is a member of the Court, has ratified the aggression amendments, and has not opted out of the Court's jurisdiction. 2. The victim is a member of...
Statelessness as a phenomenon has been in the news of late – from the impact of statelessness on the Rohingya, to the potential revocation of nationality of 4 million in India’s Assam state, and the grant of citizenship to some survivors of a dramatic rescue of a Thai football team. It is estimated that there are approximately 10 million individuals...
Once more into the breach, dear friends. Judge Ibañez Carranza has now responded to the Joint Declaration issued by Judge Eboe-Osuji as President of the Court and Judge Hofmański as the President of the Appeals Division. Short version: she's not happy about the Joint Declaration. Three specific points are worth mentioning. First (para. 2), Judge Ibañez Carranza argues that Judge Eboe-Osuji and Judge...
[Danielle Hites is the Staff Attorney at the Global Justice Center, an international human rights organization dedicated to advancing gender equality through the rule of law.] Despite the international community’s recognition that crimes against humanity are among the most serious crimes, there is no codified crimes against humanity treaty. The International Law Commission has undertaken the task of drafting one. Currently crimes against...
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...
[Jean Galbraith is a Professor of Law at the University of Pennsylvania School of Law.] Today is the last day in a leadership role for a central figure in international criminal justice. Theodor Meron is finishing up his tenure as President of the successor Mechanism to the ICTY and the ICTR, after 18 years of full-time service at ICTY, ICTR, and now the...
[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...