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Guest Post: Gone But Not Forgotten–The Ongoing Case of Jean Uwinkindi at the ICTR and MICT

by Oliver Windridge

[Oliver Windridge is a British lawyer specialising in international criminal and human rights law. The views expressed herein are those of the author and do not necessarily reflect the views of the United Nations or any other organisations affiliated to the author.]

A sometimes forgotten aspect of the International Criminal Tribunal for Rwanda’s work is the transfer of 10 of its 13 outstanding cases back to Rwanda and to France for domestic prosecution. To be precise, of the 13 outstanding cases, the ICTR have transferred two currently detained accused to France (Bucyibaruta and Munyeshyaka) and two to Rwanda (Uwinkindi and Munyagishari). The remaining nine accused remain at large, of which the ICTR transferred seven to Rwanda for domestic prosecution if and when they are arrested (Sikubwabo, Ryandikayo, Ntaganzwa, Ndimbati, Munyarugarama, Mpiranya, Kayishema), while the Bizimana and Kabuga cases remain at the ICTR, or rather the Mechanism for International Criminal Tribunals (MICT), the mechanism established to carry out functions, including trying outstanding cases, after the completion of the ICTR and ICTY mandates. But even if sometimes forgotten, transferred cases are likely to come back into the spotlight this year with MICT President Theodor Meron’s landmark 13 May 2015 decision to constitute a new referral chamber to examine whether Jean Uwinkindi, the first ICTR accused to be transferred to Rwanda, should remain in Rwanda for trial or be brought back under the auspices of the MICT for trial.

As background, in 2011 Uwinkindi became the first ICTR accused to be transferred to Rwanda for domestic prosecution under Rule 11 bis of the ICTR Rules of Procedure and Evidence. This transfer was a watershed for the ICTR, and in particular the ICTR Prosecutor, who had tried and failed on several previous occasions to transfer cases to Rwanda, all of which were subsequently tried at the ICTR ( See Munyakazi, Gatete, Kanyarukiga and Hategekimana).

Uwinkindi opposed the transfer mainly on fair trial concerns, however the Trial Chamber found that Rwanda had markedly improved its criminal justice system since denying previous applications for transfer mentioned above, and granted the Prosecution’s request to transfer, which was subsequently affirmed by the Appeals Chamber . In order to allay concerns over potential post-transfer issues, particularly over the availability and protection of witnesses, the transfer decision included a monthly monitoring system, designed to ensure any material violation of Uwinkindi’s fair trial rights in Rwanda would be brought to the attention of the ICTR President so that action, including possible revocation could be considered by the ICTR (and now MICT). The monitoring system also allowed the ICTR/MICT to examine any issues over future financial constraints including any failure by the Rwandan authorities to make counsel available or disburse funds. Therefore, since 2011 the ICTR/MICT has received monitoring reports on a monthly basis (all the reports can be accessed at the bottom of this page.). Importantly, in its 2011 referral decision the ICTR also granted Uwinkindi permanent standing to petition the ICTR/MICT.

On 16 September 2013, Uwinkindi filed a request for revocation of the 2011 referral decision, stating that the Ministry of Justice of Rwanda had failed to make the necessary funds available for his defence to allow his team to contact defence witnesses and hire defence staff and that his counsel had not been paid since February 2013. On 12 March 2014, MICT President Meron, sitting as a single judge, dismissed Uwinkindi’s request for revocation, finding that the submissions on various funding issues had been either rendered moot or were still the focus of ongoing negotiations and may be subject to further review within the Rwandan courts. President Meron did not however rule out the filing of further requests for revocation should the circumstances warrant.

In March 2015, the MICT monitor filed its March 2015 report, in which it stated, inter alia, Continue reading…

Weekly News Wrap: Monday, June 8, 2015

by Jessica Dorsey

Africa

Middle East and Northern Africa

Asia

Europe

Americas

Oceania

  • Islamic State militants have used chlorine as a weapon and are recruiting highly trained technicians in a serious bid to develop chemical weapons, Australia’s Foreign Minister Julie Bishop warned.

UN/World

Events and Announcements: June 7, 2015

by Jessica Dorsey

Call for Papers

  • PluriCourts, Centre of Excellence at the University of Oslo, is organizing an international symposium entitled ‘The Present and Future Role of Investment Treaty Arbitration in Adjudicating Environmental Disputes’. The symposium will be hosted at the faculty of law of the University of Oslo on November 5 and 6, 2015. The symposium will focus on investment treaty arbitration from a forward-looking perspective on how future practice might be shaped or reformed in a way that can both promote environmental sustainability and protect responsible and legitimate foreign investments. Organizers invite scholars, practitioners and doctoral students to submit paper proposals for presentations on topics related to the symposium’s theme. The deadline for submission is July 15, 2015. For more information, please visit the website of the symposium.

Announcements

  • Di Tella University, Argentina, is delighted to announce that the second issue of the Latin American Journal of International Law (Revista Latinoamericana de Derecho Internacional -LADI-) is now available online. The Journal, published in Spanish, is the first Latin American publication devoted to promoting the discussion of general topics of Public International Law from different perspectives in the region. In its first two numbers, the Journal has published works by authors such as Martti Koskenniemi, Christine Gray, David Luban and Susan Marks, as well as interviews to prominent international lawyers such as former ICC Prosecutor Luis Moreno Ocampo. The latest issue can be found here.

Our previous events and announcements post can be found here. If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information.

 

 

Appeal Launched in Haiti Cholera Case

by Kristen Boon

Plaintiffs have appealed the January 9, 2015 decision of the Southern District of New York, that the United Nations is immune in the case Delama Georges et al. The appeal brief, filed by the International Institute for Justice in Haiti, is available here: Georges v UN – Principal Appellate Brief 5.28 Final.

The contentions on appeal are as follows:

1.  Whether the District Court erred in ruling that Defendants UN and MINUSTAH are entitled to immunity despite having violated their treaty obligation to provide a mode to settle private law claims

2. Whether the District Court erred in ruling that Defendants Ban and Mulet are entitled to immunity in this case simply because they “hold diplomatic positions”

3.  Whether the District Court erred in failing to address the U.S. Plaintiffs’ argument that granting immunity in this instance violates their constitutional rights to access the federal courts.

These arguments hew closely to the position espoused in the SDNY, while emphasizing the UN’s failure to provide reasons and a remedy for what plaintiffs persuasively contend is a private law claim. The plaintiffs focus on Sections 2 and 29 of the Convention on Privileges and Immunities of the UN (CPIUN). The first sections grants immunity to the United Nations from all forms of legal process, while the latter provision requires the UN to settle private law disputes by alternative means. As argued at the October 2014 hearing, the plaintiffs contend that the United Nations and MINUSTAH have violated article 29 in failing to provide the plaintiffs with an alternative forum, and that this failure constitutes a material breach of the treaty.  One issue that is not fully explored is whether private litigants can benefit from an alleged breach and request suspension, if that treaty was concluded between states.

The Plaintiffs also argue that the District Court erred when relying on the Brzak case, because it does not mention a breach of section 29 of the CPIUN. The Plaintiffs also contend that granting immunity in this case violates the constitutional right of a U.S. citizen plaintiff to have access to the courts. The plaintiff’s brief states that “granting immunity in this case impermissibly infringes on the right [of the plaintiff], which includes the right to bring a well-pleaded civil lawsuit for recognizing causes of action”.

One important development is that six amicus briefs were filed in support of the plaintiffs appeal, with 54 signatures in total.   These briefs represent a range of different interests and flag a diverse set of issues for the court.    Here are links and summaries of the main arguments:

  • ConLawScholarsAmicus focuses on the constitutional right held by the plaintiff to gain access to the courts.
  • EuroLaw Amicus Brief[3] brief focuses on when UN immunity should be limited, and discusses the reasonable alternative means test. It also highlights cases that have drawn a distinction between acts that are essential to the IO and those that are supplementary. Finally, it refers to due process requirements and highlights cases challenging UN sanctions like Kadi.
  • Haitian-AmericanAmicus: This brief was filed by members and family members of the cholera affected population. This brief presents a three-tiered argument for why the district court erred in upholding the UN’s immunity. First, the harm from the cholera epidemic is ongoing and worsening; Second, the UN is not entitled to immunity when it breaches its obligations to provide remedies; Third, the UN should be required to abide by the same Rule-of-law Principles that is espouses as central to its mission in Haiti.
  • HumanRightsGroupsAmicus: This brief focuses on the idea that the UN is bound by substantive international law, and obligated to give a remedy. It argues that the United Nations cannot seek to avoid the substantive obligations of international law which reject the possibility of the broad immunity claimed by the United Nations. Moreover, it suggests that there is a duty to provide a remedy when the UN caused the “arbitrary deprivation of life.”
  • IntlLawScholars Amicus: This brief focuses on the UN Charter and the SOFA between Haiti and the UN, and argues that the relationship between Articles 105 of the Charter and Articles 2 and 29 of the CPIUN is such that given the private nature of the injury, a remedy is required. This brief also cites to Beer and Regan for the idea that lack of effective alternative for private claims is grounds to waive immunity, and notes in Brzak alternative process was available.
  • UNOfficialsAmicus: This is a brief written by six former UN officials and has three main arguments to it: (1) Immunity was never meant to provide a mechanism for the UN to act with impunity, (2) Allowing the claims to go forward will enhance the UN’s legitimacy and its ability to fulfill its mission, (3) Allowing the claims to go forward will not open the flood gates because this is an unprecedented situation.

Moving forward, the defense has 14 days to respond to propose a briefing schedule. As a non-party, it is not clear whether the US will agree to that timeframe however.

 

Thanks to my Research Assistant Dan Hewitt for his help in reviewing the filings.

Is Law Losing Cyberspace?

by Duncan Hollis

The ALL CAPS headline of the last few hours involves news that social security and other identifying information for some 4 million U.S. federal workers was compromised in a cyber exploitation that, if one believes the unofficial finger pointing, came at the behest of the Chinese government.  Of course, it was just yesterday, that the Council on Foreign Relations’ Adam Segal was reporting how China was crying foul over “OceanLotus” a cyber exploitation that counted various Chinese governmental agencies and research institutes among its victims (and where the fingers were pointed back at the United States). And that’s to say nothing of the Snowden disclosures or the tens of millions of people whose personal data has been compromised via data breaches of an ever-expanding list of private companies (e.g., in February 2015 the U.S. health insurer Anthem admitted that up to 80 million people in its databases had their personal data compromised).  Now, maybe such data breach stories are hyperbolic, offering big numbers of potential losses that do not necessarily mean actual data compromises, let alone consequences for the associated individuals.  Nonetheless, the current zeitgeist seems to be the normalization of cyber insecurity.

As someone who believes international law has an (imperfect) role to play in preserving international peace and stability, I find the current scenario increasingly worrisome.  The level and breadth of cyber exploitations suggests a world in which actors are engaged in a race to the bottom of every data well they think might be useful for their own purposes, on the theory that their adversaries (and their allies) are all doing the same.  In such a world, law seems to be playing a diminishing role.

To be clear, domestic law certainly may constrain (or facilitate) a State’s cyber operations, as all the anxiety associated with the expiration of the PATRIOT Act and this week’s passage of the USA FREEDOM Act suggest. For those of us who care about international law, however, it seems increasingly marginalized in the current environment.  We’ve spent much of the last several years, focused on how international law applies to cyber-operations with huge efforts devoted to questions of line-drawing in what constitutes a prohibited use of force in cyberspace under the jus ad bellum or where the lines are for an attack under the jus in bello.  The Tallinn Manual is the paradigmatic example of this (often quite good) work.  More recently, States and scholars have moved on to cyber operations below these lines, with attention shifting in Tallinn and elsewhere to which cyber operations may generate counter-measures and defining when cyber operations violate the duty of non-intervention.

Such efforts have (so far) had relatively little to say on the question of a cyber exploitation that is best characterized as espionage.  With the exception of U.S. efforts to decry “economic” cyber espionage (as opposed to national security cyber espionage), most international lawyers have shrugged their shoulders on the legality of governments (or their proxies) stealing data from other governments or their nationals.  The conventional wisdom suggests intelligence agencies will be intelligence agencies and we should let this play out via diplomacy or power politics.  To the extent international law has long failed to prohibit espionage, the thinking goes, by analogy it should also leave cyber espionage alone.  And if that’s true, international law has little to say about China taking whatever data it can on employees of the U.S. federal government.

Of course, conventional wisdom is often conventional for good reasons.  From a national security perspective, there are important interests that militate against regulating or constraining data collection from abroad.  Yet, I worry that we’re reaching a tipping point where in conceding international law can do little to nothing for the problem of cyber exploitations, we are effectively conceding the rule of law in cyberspace.  It’s understandable that, from a rational perspective, States will want to do as much of this activity as their technical capacity allows.  But, such self-centered policies have generated a dramatic collective action problem.  The current cyber system is certainly sub-optimal, whether you consider it in economic, humanitarian, or national security terms. The economic costs of the status quo are by all accounts growing, whether in terms of losses of data and IP, or the costs of cleaning up after exploits occur.  Similarly, the ability of individuals to preserve their privacy is rapidly diminishing, and the right to privacy along with it.  And, of course, national governments are fighting, and losing, the battle to keep their own data (and secrets) secure.

All of this leads me to ask whether it’s time to revisit the question of how international law deals with data breaches?  I recognize some may say “no” or that after long and careful thought the answer may remain the same.  But, the rising importance and success rates of data breaches across the globe suggests it’s high time for international law to at least engage these questions more closely.

What do others think?  Is international law losing in cyberspace or is there still a chance that it can play a regulatory role over modern cyberthreats, even if only an imperfect one?

 

China Defends Itself on South China Sea: “We are against the arbitrary distortion of the international law.”

by Julian Ku

There is no shortage of commentary on the growing US-China tensions over China’s land reclamation activities in the South China Sea. I’ve already added my two cents on the legal aspects here, but it’s worth trying to understand China’s defense of its actions.  Here is China’s Foreign Ministry spokeswoman at a press conference responding to comments from US and Japanese leaders that China should abide by international law.

The international law has been constantly brought up by some countries when it comes to the South China Sea issue. If they did read closely the international law, then please tell us which article in the international law forbids China to carry out justified construction on its own islands and reefs? Which article allows the vessels and aircraft of one country to monitor the islands and reefs of another country at a close distance? Which article gives the green light to one country’s infringement upon another country’s sovereignty and legitimate rights and interests with the excuse of navigation freedom? We are against the arbitrary distortion of the international law. If it is not a practice of double standard, then it must be driven by some hidden motives.

Let me take the two (rhetorical) questions in order:

1) “[W]hich article in the international law forbids China to carry out justified construction on its own islands and reefs?

China has a point here. There is no explicit prohibition under international law on construction on a country’s own “islands and reefs.”  That is why the US calls on China to stop land reclamation don’t have a strong legal basis, especially since it appears most of the other South China Sea claimants have also engaged in some (smaller scale) land reclamation.

On the other hand, it is far from clear China is building out on “islands”. It is likely that it has possession only of “rocks” or maybe even just “reefs.” And it is far from clear that China has title to whatever land features it is using.  But land reclamation alone isn’t a violation of any international law that I am aware of.

2) “Which article allows the vessels and aircraft of one country to monitor the islands and reefs of another country at a close distance? Which article gives the green light to one country’s infringement upon another country’s sovereignty and legitimate rights and interests with the excuse of navigation freedom?”

Here, China is on much shakier ground. As I explained at too much length here, UNCLOS is probably best interpreted to allow surveillance and monitoring by foreign military vessels and aircraft up to 12 nautical miles of a country’s territories, and within those 12 nm if the territory is only a rock or a reef.  China doesn’t agree with this interpretation, and this is the crux of the dispute with the U.S.

Overall, I think China has a strong legal point on land reclamation, but a weak legal point on surveillance and freedom of navigation.  The obvious “compromise”  (or maybe the word is “standoff”) here is for the US to tacitly accede to China’s land reclamation, and for China to tacitly accede to US military surveillance up to and perhaps within 12 nautical miles.  Since the US can’t actually stop China from continuing its land reclamation, and China can’t stop US surveillance, this “compromise” seems like a safe bet. I will note, however, that China’s actions have unleashed the hawkish wing of the China-watching establishment in the U.S. and, over the long term, this may be the most important outcome of this standoff.  The US is taking off the gloves against China and a containment strategy with our new best friends in Vietnam and India  is becoming increasingly likely.

New Edited Collection on the ICC

by Kevin Jon Heller

Oxford University Press has just published a massive new book on the ICC, “The Law and Practice of the International Criminal Court,” edited by Leiden’s Carsten Stahn. Here is the publisher’s description:

The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development.

The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court’s decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.

The book includes my essay on Regulation 55 and an essay on co-perpetration by Jens. At £195, most people won’t be able to buy a copy. But four chapters are available for free download and most libraries are sure to acquire it.

Congratulations to Carsten on a tremendous accomplishment!

Inter-temporal International Law? Or How Would Modern International Law Have Treated “Unconditional Surrender”?

by Julian Ku

Seth Tillman of Maynooth University has a clever “parody” letter (scroll to the bottom) in the most recent Claremont Review of Books.  I can’t really do it justice here, but it is an amusing take on how modern international law might have critiqued the relentless Allied demands for unconditional surrender by Germany and Japan in 1945.  Also, I particulalry appreciate his efforts to reproduce mid-20th century typography.

Weekly News Wrap: Tuesday, June 2, 2015

by Jessica Dorsey

Africa

Middle East and Northern Africa

Asia

Europe

  • Greece’s cash-strapped government has failed to deliver on a promise to reach an agreement with rescue lenders over the weekend.
  • An ally of German Chancellor Angela Merkel said on Monday it would be unrealistic for British Prime Minister David Cameron to expect to achieve changes to European Union treaties before the country holds a referendum on its membership of the bloc.
  • A separatist conflict in eastern Ukraine is revealing increasing evidence, but not yet conclusive legal proof, of Russian state involvement, senior United Nations human rights officials said on Monday.
  • More than 5,000 migrants on their way to Europe have been saved from boats in distress in the Mediterranean since Friday, according to EU authorities, as the corpses of 17 migrants have been brought ashore in Sicily aboard an Italian naval vessel.
  • Russia has imposed an entry ban on 89 European politicians and military leaders, according to a list seen by Reuters, a move that has angered Europe and worsened its standoff with the West over Moscow’s role in the Ukraine conflict.

Americas

  • US President Barack Obama has said that Myanmar needed to take seriously the issue of how it treats the Rohingya people, if it wanted to be successful in its transition to a democracy.
  • U.S.-led forces targeted Islamic State militants in Syria with 13 air strikes from Sunday morning through Monday morning and conducted another 10 strikes against the group in Iraq, the U.S. military said on Monday.

Oceania

  • The leader of Australia’s opposition Labor Party introduced a bill to legalize same-sex marriage on Monday, adding the backing of a major party to growing public support for the issue after last month’s landmark ‘yes’ vote in Ireland.

UN/World

  • The United Nations said it would be forced to slash or shut down almost half its aid operations in Iraq without an immediate injection of new funds, at a time when a humanitarian crisis triggered by Islamic State insurgents is intensifying.
  • Governments must address human trafficking and slavery in a global development pact later this year, Nobel Peace Laureate Kailash Satyarthi said on Monday, warning that the credibility of humanity was at stake if countries failed to deliver.

Appeals Chamber Fails To See the Forest — Complementarity Edition

by Kevin Jon Heller

Earlier this week, the Appeals Chamber rejected Cote d’Ivoire’s challenge to the admissibility of the case against Simone Gbagbo. The challenge was based on Gbagbo’s 20-year sentence for disturbing the peace, forming and organising armed gangs, and undermining state security. Like the Pre-Trial Chamber, the Appeals Chamber concluded that Gbagbo’s domestic convictions failed to satisfy Art. 17’s “same conduct” requirement, making her case admissible. Here are the key paragraphs:

99. The Pre-Trial Chamber found that the conduct underlying the alleged economic crimes was “clearly of a different nature” from the conduct alleged in the proceedings before the Court, and therefore “irrelevant”.171 The Pre-Trial Chamber further found that according to the documentation provided by Côte d’Ivoire, in particular Annex 8 to the Admissibility Challenge, the alleged conduct was characterised as [REDACTED].172 In view of the description of the alleged acts provided in the material submitted by Côte d’Ivoire, the Appeals Chamber finds that it was not unreasonable for the Pre-Trial Chamber to find this conduct to be of a different nature to Ms Gbagbo’s alleged conduct in relation to the crimes against humanity of murder, rape and other forms of sexual violence, persecution and other inhumane acts, on the basis of which the Warrant of Arrest was issued against her by the Court. In addition, Côte d’Ivoire does not explain why “excessively rigid distinction” between the crimes allegedly investigated domestically and those before the Court is erroneous.

100. As regards crimes against the State, the Pre-Trial Chamber noted that in the domestic proceedings it is alleged that Ms Gbagbo [REDACTED].173 The Pre-Trial Chamber further noted that, in the domestic proceedings, “there are references to, inter alia, the allegations of [REDACTED].174 The Pre-Trial Chamber observed that the provisions criminalising such alleged conduct are included in the section of the Ivorian Criminal Code concerning felonies and misdemeanours against the safety of the State, the national defence and the public security.175 The Pre-Trial Chamber concluded that the alleged conduct only includes [REDACTED] and therefore the domestic proceedings in question “do not cover the same conduct” that is alleged in the case before the Court.176 The Appeals Chamber finds that it was not unreasonable for the Pre-Trial Chamber to find, on the basis of the description of the alleged conduct contained in the documents provided by Côte d’Ivoire, read in light of the applicable provisions of the Ivorian Criminal Code, that this conduct, characterised as infringing [REDACTED], is not the same as that alleged before the Court. In addition, as indicated earlier, Côte d’Ivoire does not explain why “excessively rigid distinction” between the crimes allegedly investigated domestically and those before the Court is erroneous.

I have no doubt that the Appeals Chamber’s application of the “same conduct” requirement is correct. But I think it is important to once again ask a basic question about the requirement: what does the ICC gain by insisting that Cote d’Ivoire surrender Gbagbo to the Court to face a second prosecution? 20 years is a significant sentence — five years longer than Lubanga’s, and eight years longer than Katanga’s. Even if the OTP manages to convict Gbagbo, she is very unlikely to receive a substantially longer sentence. So why should the ICC waste the OTP’s precious and overstretched resources by trying Gbagbo again?

My answer, not surprisingly, remains the same: it shouldn’t. The ICC simply cannot afford the kind of hyper-formalism that underlies the “same conduct” requirement. As I have argued elsewhere, the Court should defer to any national prosecution that results in a sentence equal to or longer than the sentence the suspect could expect to receive at the ICC, even if the national prosecution is based on completely different conduct than the ICC’s prosecution.

In fairness to the Appeals Chamber, it’s worth noting that Gbagbo’s attorney challenged the Pre-Trial Chamber’s application of the “same conduct” requirement; she did not challenge the requirement itself. That’s a shame, because I think Gbagbo’s case perfectly illustrates why the Appeals Chamber should jettison the “same conduct” requirement. Would it? Probably not — as I note in my article, the requirement does have a clear textual basis in Art. 20 of the Rome Statute (“upward” ne bis in idem). But the Appeals Chamber has proven remarkably willing to ignore the Rome Statute when it proves inconvenient, so it would have been worth a shot — especially as the “same conduct” requirement is fundamentally inconsistent with the principle of complementarity’s emphasis on the ICC being a court of last resort . At the very least, challenging the requirement would have forced the Appeals Chamber to explain why the requirement’s waste of OTP resources is warranted. I would have liked to read that explanation.

Events and Announcements: May 31, 2015

by Jessica Dorsey

Events

Announcements

  • The University of Lancaster has announced a conference on Hybrid Warfare and Minorities, taking place 26 June 2015. This conference looks at recent trends in unconventional warfare involving cyberattacks, the media and the use of irregular forces, and their relationship with human and minority rights. Three panels will address 1. Cyberwarfare, Freedom of Expression and Minorities; 2. Hybrid Warfare and Attribution; 3. Hybrid Warfare and the Concept of “Attack”. Keynote speakers are Dr. Thomas D. Grant (University of Cambridge) and Professor Bill Bowring (Birkbeck, University of London). Further details can be found here.

Our previous events and announcements post can be found here. If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information.

Weekend Roundup: May 17-31, 2015

by Jessica Dorsey

Over the last two weeks at Opinio Juris, we’ve seen several contributions. Our regular bloggers covered a number of recent developments such as Deborah’s recent post, cross-posted on Just Security, on the D.C. district court’s considering the habeas petition of Guantanamo detainee Mukhtar Yahia Naji al Warafi, and the concept of “active hostilities.” On a related note, Jens covered the nature and scope of the conflict in Afghanistan.

Kristen pointed out that the ILC has now appointed a special rapporteur on jus cogens and also highlighted two recent reports on the ILC website, the first on crimes against humanity and the second on the identification of customary international law.

Julian also weighed in with a couple of posts, the first calling on the world’s media to realize that the US is not challenging China’s territorial claims in the South China Sea (yet) and the second was to point out his new article on Argentina’s sovereign debt crisis at University of Pennsylvania Journal of International Law, entitled: “Don’t Cry for Sovereign Debtors: Why Argentina’s Defeat in U.S. Courts Does Not Justify a Sovereign Debt Treaty.”

Kevin posted on Regulation 55 of the Rome Statute in the context of the Gbagbo proceedings and what he terms the irrelevance of the confirmation hearing. He also posted on when the left shoots itself in the foot (IHL version).

We had two guest contributions in the last two weeks. The first, from Rick Lines, Damon Barrett and Patrick Gallahue was entitled: The Death Penalty for Drug Offences: ‘Asian Values’ or Drug Treaty Influence? Marina Aksenova posted on Five Questions on the Colombian Sentencing Practice and the Principle of Complementarity under the Rome Statute.

Finally, I wrapped up the news and posted on the events and announcements.

Thanks to our guest contributors and to you for following us on Opinio Juris. Have a great weekend!