Things are getting ugly at the ICC. The Office of Public Counsel for the Defence, which has been appointed to protect Saif Gaddafi's interests at the Court, has now moved to disqualify Moreno-Ocampo from Saif's case on the ground that he "lacks the requisite impartiality to direct the investigations and prosecutions" because of his "repeated failure to respect the presumption...
Libya has now brought a formal admissibility challenge under Article 19 of the Rome Statute. The motion, written by Philippe Sands, Payam Akhavan, and Michelle Butler, is a brilliant piece of work and stands a good chance of success. I'll have much to say about the motion in the next few days, but in this post I want to focus...
Of course, that means it's been a much better week for anyone who isn't so keen on the prospect of attacking Iran. I'm not sure the nails are in Netanyahu's political coffin quite yet, but the carpenters are certainly gathering their supplies. First up, Lt. Gen. Benny Gantz, Chief of Staff of the IDF, rejecting the notion that Iran is...
The blog, which has been uniformly excellent to date, is dedicated to exploring maritime piracy in all its dimensions. Here is the description: Piracy is on the rise because of failed states and crushing poverty. A majority of modern pirate attacks originate in the Horn of Africa in Somalia although there is now a growing problem in the Gulf of Guinea. This...
At International Criminal Law Bureau, Kirsty Sutherland calls attention to a surprise moment during the Taylor verdict that has received, to the best of my knowledge, absolutely no attention from the media: In an unexpected turn of events, as Justice Lussick (Presiding), Justice Doherty and Justice Sebutinde rose to leave the courtroom after delivering the verdict, Justice Sow addressed the Court: “The...
I am delighted to announce that over the next few days Opinio Juris will be hosting a symposium on what is increasingly called, following Tel Aviv University's Aeyal Gross, the "functional approach" to the law of occupation. Here is the description that was sent to the contributors: Occupation law has undergone significant evolution in modern times, and cases such as Iraq...
In my previous post, I discussed the Registry's report of its visit with Saif Gaddafi in Libya, which was posted on the ICC website and then removed without explanation a few hours later. It has come to my attention that the Office of Public Counsel for the Defence (OPCD) also prepared a report of that visit -- and that the...
So reports Radio Netherlands Worldwide. The dispute, not surprisingly, involves Luis Moreno-Ocampo and Libya: This week the court’s public defender, Xavier-Jean Keita, accused chief prosecutor Luis Moreno Ocampo of siding with the Libyans and demanded he be removed from the case. In a court filing boiling with indignation, he accused Ocampo of making misleading statements during a visit to Tripoli this week...
I have uploaded a copy of the report, which was available for a couple of hours on the ICC website but then removed without explanation. (It's marked public.) Representatives of the Registry spent five days in Libya in late February and early March, so things could have changed significantly since that time. Nevertheless, the report paints an interesting -- and...
I have no idea whether it's true, but that's what the BBC is reporting: The International Criminal Court could soon drop its demand that Saif al-Islam Gaddafi be transferred to the Hague for trial, officials have told the BBC. They say the most prominent son of the former Libyan leader Muammar Gaddafi could instead be tried inside Libya but under the supervision...
Moreno-Ocampo's inability to avoid allegations of bias has long haunted his tenure as Prosecutor. It's impossible to forget, for example, photos of him standing next to the Ugandan President, Youweri Museveni, as he announced that he was investigating the situation in Northern Uganda -- an act that Ugandans widely perceived, rightly in light of the OTP's failure to seriously investigate...
In 1973, Hans Blix and Jirina Emerson edited the Treaty Maker’s Handbook to help newly emerging States appreciate, post-decolonization, the intricacies of treaty-making as a matter of both domestic and international law. One of the work’s lasting legacies was the inclusion of sample provisions drawn from existing treaties on various treaty topics such as participation, entry into force, reservations, and...
