Some Reflections on the Proposal for a New Mutual Legal Assistance Treaty for International Crimes

[Madaline George, JD, is the Whitney R. Harris World Law Institute Fellow at Washington University School of Law.] During the 17th Assembly of States Parties (ASP) to the International Criminal Court (ICC), a side event was hosted on the Mutual Legal Assistance (MLA) Initiative. The side event – The Initiative for a New Multilateral Treaty on Mutual Legal Assistance and Extradition for Domestic Prosecution...

In keeping with the aim of providing a more user-friendly Opinio Juris 2.0 to our devoted readers, we are relaunching the weekly "Events and Announcements" postings. If you would like to promote a call for papers, conference, event, job, PhD or post-doc position on the site, please contact John Heieck at eventsandannouncements [at] gmail [dot] com and provide a one-paragraph description...

[Sergey Sayapin LLB, LLM, Dr. iur. is an Assistant Professor in International and Criminal Law at KIMEP University’s School of Law, Almaty, Kazakhstan, since 2014, and Director of the LLB in International Law Programme.]  Introduction On 25 November 2018, Russia attacked and seized three Ukrainian navy vessels, which were on their way from Odessa to Mariupol. Russia´s Federal Security Service...

[Jenny Domino is a Harvard Law School Satter Fellow placed with ARTICLE 19. The views expressed in this article are the author’s own and not the views of ARTICLE 19.] Facebook has been described as a service to democracy. This perception arguably peaked during the Arab Spring uprisings, touted as Facebook’s crowning glory in its mission to connect people. The past...

[Caroline Stover is a lawyer focusing on human rights law and refugee law in Southeast Asia.]  Mr. Hakeem Al-Araibi, a Bahraini footballer, dissident, refugee, and Australian legal permanent resident, has been detained in Bangkok since late last month, as Thailand considers whether it will send Mr. Al-Araibi back to Bahrain, or allow him to return to Australia. If returned, Mr. Al-Araibi...

[Lieutenant Commander Yusuke Saito is a legal advisor in the Japan Maritime Self-Defense Force (JMSDF) and a military professor at Stockton Center for International Law, United States Naval War College. The views expressed in this article are of the author alone and do not necessarily reflect the stance of the U.S. Naval War College and Japan Maritime Self-Defense Force.] Introduction The U.S.–North...

[Constance Kaempfer is writing a PhD on the role of subnational parliaments in implementing international obligations. Sophie Thirion conducts PhD research on trade measures in multilateral environmental agreements. Evelyne Schmid is an associate professor of public international law (http://www.ius-gentium.ch). All three authors are based at the University of Lausanne, Switzerland.]  On 25 November 2018, the Swiss population and the cantons voted on...

[Dr. John Heieck is a criminal defense lawyer in the US and an independent researcher of genocide and human rights studies.]  I want to reiterate my thanks to Opinio Juris and the International Commission of Jurists for holding this thought-provoking symposium on my new monograph A Duty to Prevent Genocide: Due Diligence Obligations among the P5. I especially want to thank...

[William A. Schabas is professor of international law at Middlesex University in London. He is also professor of international human law and human rights at Leiden University, emeritus professor of human rights law at the National University of Ireland Galway and honorary chairman of the Irish Centre for Human Rights.] John Heieck has produced a fine study on the duty to...

[Mohamed S. Helal is an Assistant Professor of Law, Moritz College of Law & Faculty Affiliate, Mershon Center for International Security Studies – The Ohio State University.] Introduction Dr. John Heieck’s A Duty to Prevent Genocide: Due Diligence Obligations Among the P5 is a lucid, well-argued, and extensively researched book. It is essential reading for academics and practitioners who have an interest...

[Jennifer Trahan is a Clinical Professor at the NYU Center for Global Affairs.] John Heieck is asking the right questions in his new book, A Duty to Prevent Genocide: Due Diligence Obligations Among the P5. Namely, how does one reconcile hard law legal obligations regarding the duty to “prevent” genocide with the inaction seen out of the UN Security Council as well as...