I have just uploaded a new essay to SSRN, entitled "The International Commission of Inquiry on Libya: A Critical Analysis." The essay is a chapter of a book on international commissions of inquiry that is being edited by the LSE's Jens Meierhenrich. Here is the introduction: This chapter provides a critical assessment of the International Commission of Inquiry on Libya, established...
When I wrote my account of Melinda Taylor and her team's detention, I somehow missed this gem in the OPCD's response: 381. The inability of the particular prosecution authorities assigned to the case of Mr. Gaddafi to conduct credible or effective investigations and prosecutions is amply demonstrated by the fact that these same prosecution authorities claimed that an ordinary swatch watch...
[Gabor Rona is the International Legal Director for Human Rights First and he is responding to a post by Michael W. Lewis] OK, let's forget about drones for a sec. After all, drones are simply a form of targeting. And targeting in war is a good thing. (Since killing is legal in war under certain circumstances, the alternative to targeted killing...
Of all my writing, my article on the relationship between national due process and the Rome Statute's principle of complementarity is almost certainly the most unpopular. (Except in the OTP.) My thesis is a simple one: the failure of a national investigation or prosecution to live up to international standards of due process does not make a case admissible before...
The OPCD has filed its formal response to Libya's admissibility challenge. It's a monster of a brief -- 92 pages -- so it will take a number of posts to deal with it adequately. In this first post, I want to pull together the various sections of the brief that provide unprecedented detail concerning Melinda Taylor's detention. Before I do,...
[Michael W. Lewis is a Professor of Law at Ohio Northern University where he teaches International Law and the Law of War.] I want to thank Gabor for continuing a discussion started over on Lawfare a couple of weeks ago and to thank Opinio Juris for allowing me an opportunity to respond. As I had the last word on Lawfare I...
[Gabor Rona is the International Legal Director of Human Rights First] Over at Lawfare, Mark Mazetti’s New York Times Magazine article “The Drone Zone” generated a rich discussion on targeted killing with entries by Ken Anderson, Geoff Corn, me, Charles Dunlap, Laurie Blank, and Michael Lewis. Mike took particular aim at my comments and I’m grateful to Opinio Juris for giving me the opportunity to reply. Mike says drones are good for civilians since...
Add another name to the list of scientists that understand global warming is both real and the product of human activity. Come on down Richard A. Muller: CALL me a converted skeptic. Three years ago I identified problems in previous climate studies that, in my mind, threw doubt on the very existence of global warming. Last year, following an intensive research...
According to the Washington Post, Phakiso Mochochoko, the head of the Jurisdiction, Complementarity and Cooperation Division in the Office of the Prosecutor at the ICC, said the following in response to Stephen Rapp's recent comments about the potential criminal liability of the Rwandan government for its support of Bosco Ntaganda's M23 in the Congo (emphasis added): The International Criminal Court is...
Although clearly a step up from its genocidal predecessor, Kagame's government in Rwanda is anything but progressive. According to the State Department, the government is responsible for -- inter alia -- illegal detention, torture, enforced disappearance, attempted assassinations of political opponents, restrictions on the freedom of speech and press, violence toward journalists and human rights advocates, discrimination against women/children/gays and...
This may be a bit inside baseball for most, but the Pre-Trial Chamber issued an interesting decision yesterday regarding the Office of Public Counsel for the Defence's formal response to Libya's admissibility challenge. According to the PTC, the OPCD wanted some of the information contained in its response to remain confidential not only in perpetuity, but also ex parte. In...
[Sari Bashi is the executive director of Gisha, an Israeli human rights organization protecting the right to freedom of movement in the occupied Palestinian territory] Last week, a committee appointed by Israeli Prime Minister Benjamin Netanyahu to recommend disposition of about 100 Israeli outposts in the West Bank established in violation of Israeli military zoning laws released its conclusions (English summary...
