My friend and PhD supervisor Carsten Stahn has posted a very interesting discussion of Libya and the ICC at the Hague Justice Portal. Here is a taste: One possible option to reconcile domestic jurisdiction with accountability before the ICC may be a division of labor based on temporal jurisdiction. In line with the Council referral, the ICC enjoys ...
I've made more than my share of mistakes in my six years of blogging. It's painful and embarrassing, but it happens. All you can do is admit your mistakes and move on. Unfortunately, that is not the approach taken by the author of the terrible Mother Jones article I discussed yesterday. Suebsaeng doesn't believe that he made any mistakes. On the...
Lord knows I can't stand Mitt Romney. And I have never bought the idea that Ahmadinejad has committed direct and public incitement of genocide through his inflammatory anti-Israel rhetoric. But this Mother Jones article is still staggeringly awful: When asked about Iran and Israel at Tuesday's CNN national security debate, on-and-off Republican front-runner Mitt Romney replied in his typically tough, ...
My friend Jens Ohlin -- Associate Professor of Law at Cornell and one of the very best substantive international criminal law scholars writing today -- has started a solo blog, LieberCode. Like his scholarship, the posts are top notch; recent entries address Libya and positive complementarity; the Florence Hartmann saga; targeted killing and citizenship; and the presumption of regularity regarding...
Most commentators have assumed -- Julian included -- that Libya has an obligation under the Rome Statute to surrender Saif Gaddafi to the ICC before it can challenge the admissibility of the case against him. At The Multilateralist today, David Bosco quotes a UN diplomat who believes that Libya can challenge admissibility without first surrendering Saif: [Y]esterday, an extremely well informed...
I haven't been following Australia's new law requiring plain packaging for tobacco products, but I am a bit surprised that Philip Morris has filed a notice of arbitration claiming the law violates Australia's bilateral investment treaty with Hong Kong. Here is PM's argument: Australia is in breach of the BIT because plain packaging: Amounts to unlawful expropriation of PMA’s investments and valuable...
Reports are a little uncertain, but it sounds like Libya will not comply with the ICC Prosecutors' arrest warrant and turn over Muammar Qaddafi's son Seif al-Islam el-Qaddafi. ZINTAN, Libya (AP) – Libya's new leaders said Sunday they will try Moammar Gadhafi's son at home and not hand him over to the International Criminal Court where he's charged with crimes against humanity. The government...
We want to begin our closing post by thanking everyone who has participated in the symposium on our article this week. We also wish to thank our lead editor at the Yale Law Journal, Philip Levitz, who help arrange this symposium (as well as a forthcoming symposium at Yale Law Journal Online) and who has been truly outstanding in...
Suzanne Nossel, who was until recently a Deputy Assistant Secretary of State for International Organizations and is currently a Visiting Senior Fellow for Global Governance at the Council of Foreign Relations, has been named the new Executive Director of Amnesty International USA. (I should note that Suzanne is an old friend.) Here's part of what the Amnesty press release said: Most...
Professor Sean Murphy of GW Law has been elected to the ILC. The press release from GW begins: Today, Professor Sean Murphy was elected by the United Nations General Assembly to the International Law Commission (ILC). The Commission consists of 34 distinguished legal scholars, practitioners, and government officials from around the world who are elected to serve for five-year terms. Created...
Being the only non-international lawyer I am the outlier (hopefully not to become the outcasted) among this group of commentators. I suspect I was asked because I am an EU law scholar and, for some, that is international law. Having approached the subject with some skepticism I asked myself if that was not representative of the nature and importance of the...
According to AFP, the ICTY has issued an "arrest warrant" for Florence Hartmann for failing to pay the fine she received for her 2009 contempt conviction: The UN Yugoslav war crimes court issued an arrest warrant Wednesday against a former spokeswoman for the tribunal's chief prosecutor for refusing to pay a 7,000-euro ($10,000) fine. Florence Hartmann, a French national, was...
