In association with the International Commission of Jurists

Yes, Palestine Could Accept the ICC’s Jurisdiction Retroactively

29 Nov

In the wake of today's long-overdue vote to upgrade Palestine to observer-state status, there seems to be persistent confusion concerning what would happen if Palestine ratified the Rome Statute. In particular, a number of commentators seem to think that it is unclear whether the ICC would have jurisdiction over crimes committed prior to Palestine's ratification. (See Colum Lynch at FP,...

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28 Nov

The Associated Press has a confusing and muddled account of the consequences of Colombia's withdrawal from the Bogota Pact (American Treaty on Pacific Settlement), which had committed Colombia to the ICJ for disputes with other signatory states.  Here is where the AP account doesn't make much sense (or is flat out wrong): Legal experts, however, said [Colombian President] Santos’ announcement was unlikely,...

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28 Nov

Still smarting from the ICJ's judgment last week awarding rights to Nicaragua over territorial waters claimed by Colombia, President Juan Manuel Santos announced that Colombia is withdrawing from the 1948 Bogota treaty granting jurisdiction to the ICJ to resolve disputes between signatories.   Since Colombia was obviously the host to the treaty's creation and (until now) had made no limitations...

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27 Nov

I haven't blogged about Chevron lately, because there has not been much news to report. But I want to mention an excellent article discussing plaintiffs' efforts to force Chevron to pay at least part of the judgment. The article is written by a financial analyst associated with the investment website Seeking Alpha, so it has no particular ideological...

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26 Nov

The United Nations General Assembly is set to decide Thursday whether to upgrade Palestine to "non-member state" status, on par with the Vatican. The resolution will almost certainly pass, given that more than 130 states have already recognized a Palestinian state. The interesting question is whether powerful Western states will vote in favor of the resolution. France...

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25 Nov

[Chris Jenks is an assistant professor of law at SMU Dedman School of Law. He previously served as chief of the US Army’s international law branch where his responsibilities included foreign criminal jurisdiction (FCJ) over US service members.] The U.S. and Afghanistan recently initiated formal discussions concerning the continued presence of U.S. troops in Afghanistan after 2014, when Afghanistan is expected...

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25 Nov

Okay, not Saif Gaddafi.  Saadi: Niger’s President Mahamadou Issofou has said his government is ready to hand Saadi Qaddafi over to the International Criminal Court should the body request it to do so. To date, the ICC has not issued a warrant for Saadi’s arrest, and will not request his extradition unless that position changes. On 7 November, however, the ICC’s Chief...

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24 Nov

The Chinese (Taiwan) Society of International Law will hold the ILA-ASIL Asia-Pacific Research Forum on May 15-16, 2013 in Taipei, Taiwan, ROC. The title of the Research Forum is “International Law and Dispute Resolution: Challenges in the Asia Pacific.” The organizing committee welcomes proposals on any topic relating to international law with a focus on the Asia Pacific. Paper proposals...

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23 Nov

I've written before about Judge Sow's attempt to make a statement in open court criticizing Charles Taylor's conviction.  Now Judge Sow has given a lengthy interview to the New African magazine concerning the trial, his attempt to make the statement, and his punishment afterward.  As Bill Schabas points out today, "[n]othing comparable has ever appeared in the history of international criminal justice."  Judge...

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20 Nov

UK human rights lawyer Geoffrey Robertson has a confused, muddled, and revealing editorial in Bloomberg about how international law might help resolve the Iran nuclear crisis. While he describes the relevant law accurately, he fails to show how international law is doing much of anything to resolve the crisis.  Here is the relevant law, as he sees it: Israel has...

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20 Nov

This analysis from Professor Matthew Happold offers very good reasons to doubt that Argentina can validly invoke the jurisdiction of the International Tribunal of the Law of the Sea in its dispute with Ghana. Putting aside Argentina's argument that it did not (or could not) waive its warship's immunity, Professor Happold points out that it is far from clear that...

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