Upcoming Events The American Society of International Law's Domestic Courts Interest Group is hosting its annual workshop December 10, 2012, at Duke University School of Law. More information can be found here. On December 18, at 5:30pm, the Center on the United States and Europe at Brookings will host the 9th Annual Raymond Aron Lecture, a talk on “The Internationalization of Law” by Collège de...
According to Enough!, the OTP is investigating the actions of M23 and "other parties" in the DRC: In the aftermath of the March 23 Movement, or M23, seizure of Goma, the International Criminal Court, or ICC,Chief Prosecutor Fatoua Bensouda announced that her office is investigating "allegations of ICC crimes by members and leaders of M23, and by other parties taking advantage of the chaos...
In my essay on signature strikes, I criticize (and I'm not alone) the U.S. practice of considering military-age males in an area of known terrorist activity to be lawful targets. That signature, however, pales in comparison to the possibility that the U.S. is targeting "children with potential hostile intent," as well: The US military is facing fresh questions over its targeting policy in Afghanistan after...
A number of commentators have challenged my claim that Articles 11(2) and 12(3) of the Rome Statute would permit Palestine to accept the ICC's jurisdiction retroactively, whether as a member-state or on an ad hoc basis. Here, for example, is what my friend Jennifer Trahan wrote yesterday at IntLawGrrls: Even if an entity becomes a "state," should there be jurisdiction that...
A recent meeting of the International Commission on the Conservation of Atlantic Tuna (ICCAT) has been heralded by environmental groups as a win for science in the management and conversation of scarce resources on the high seas. One of the species within ICCAT’s jurisdiction is the Bluefin Tuna, a species that has famously declined, and some would claim, collapsed in...
Today is Argentina Day here at Opinio Juris! (OK, it is Bash-Argentina Day). In any event, it is worth highlighting that while Argentina has escaped for now a NY federal court ruling that would have forced it to pay holdout creditors next month, it is also battling Ghana at the International Tribunal for the Law of the Sea. The request...
I have a Forbes.com op-ed today providing a fuller version of my critique of Argentina's legal arguments over the ARA Libertad. (It's worth noting that Argentina is actually heading toward yet another financial crisis spurred by a recent New York court decision, which I didn't have time to incorporate into this piece.) Last month, a court in Ghana detained the ARA Libertad, an Argentine...
I've been meaning to discuss the AP's recent claim that an obviously fraudulent graph provided to it by an unnamed country (almost certainly Israel) proves that Iran is trying to build a nuclear weapon. As is often the case, however, Glenn Greenwald beat me to it. If the AP were capable of shame, it would immediately retract the...
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,...
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,...
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...
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...
