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15 Mar

...court on the basis that he or she enjoys immunity under international law. While it has attracted criticism, the judgment of the ICJ in the Arrest Warrant Case is a strong statement that Heads of State, diplomatic representatives, ministers of foreign affairs and (by implication) Heads of Government, enjoy immunity from criminal proceedings in foreign domestic jurisdictions during their term in office for both ‘official’ and ‘private’ acts, committed during, or prior to, that term in office, even when accused of serious international crimes (at [54]-[55]). According to the majority,...
15.03.22 | |

06 Apr

...to statehood -- particularly in the context of a people who, like the Palestinians, have a right to self-determination. el roam Kevin , Thanks for the comment . You may think and believe of course, that the Palestinians have the right to self determination, but this is rather a subjective criteria (not to be knocked down by itself of course). What I have been raising, are objective criteria, standing on their own ground, notwithstanding the subjective perception of no one involved or not. Look good at the map, try to...
06.04.15 | |

09 Mar

...is not a man known for sticking to his word. Even more, the conflict was escalating and the humanitarian situation was deteriorating even before the ICC drama began in July, with no apparent opening for any kind of way out, messy or otherwise. This recent history explains why Kleinman’s response to Michelle’s question was a non-answer: she was asking him to explain his long-term solution for Darfur, not his short-term solution. And his response was… silence. That is an unacceptable position for someone who so savagely criticizes anyone who dares...
09.03.09 | |

25 Sep

...not Party to the Rome Statute to accept the jurisdiction of the Court. The Palestinian National Authority referred to acts committed on the territory of Palestine since 1 July 2002. The Court has not made any determination on the applicability of article 12(3) to this particular communication. A conclusive determination on its applicability would have to be made by the judges at an appropriate moment. Thus, even accepting the Prosecutor’s argument that he did not have the authority to interpret the term “State” for the purposes of the Statute, could...
25.09.12 | |

01 Sep

...'find'. ii) Actually, Israel was also trying to delay the publication. iii) In 100 years it will be noted, perhaps with some regret, that somewhere along the line more people died than avoidable because we were all looking in the same direction. - Google Search: israel war crime = 30,500,000 hits - Google search: rwanda war crime = 8,310,000 hits - Google search: yugoslavia war crime = 7,270,000 hits - Google search: israel genocide = 16,000,000 hits - Google search: rwanda genocide = 2,780,000 hits - Google search: bosnian genocide...
01.09.11 | |

05 Jun

...given a warning, so that they can re-route, off-load, or take other precautions. 5.2.1 Visit and search As an exception to Principle 5.1.2. paragraph 1 and in accordance with Principle 1.3 (2nd sentence), belligerent warships have a right to visit and search vis-à-vis neutral commercial ships in order to ascertain the character and destination of their cargo. If a ship tries to evade this control or offers resistance, measures of coercion necessary to exercise this right are permissible. This includes the right to divert a ship where visit and search...
05.06.10 | |

19 Aug

...is a close call and Kevin may well have a better read on it. (I also share his concerns about the invalidity of Khadr’s charges, by the way). What I think would be a more helpful contribution to this dialog would be to articulate why I think the definition of piracy matters on a larger scale. It probably doesn’t matter much in this case; Said and his comrades still face seven other federal charges and could very well end up with prison sentences tantamount to life terms even without the...
19.08.10 | |

08 Jan

...best metric: whereas "international law" is often used in forms such as "International law prohibits (something)," I have the sense that the other terms are less commonly used in the same manner. A count of total appearances of "international law" may then be somewhat inflated compared to the other terms you refer to. That said, the other terms may have other factors of their own that inflate their count, and in the end, the growth in the metric remains significant. Roger Alford Bryan, The vertical axis refers to the total...
08.01.13 | |

13 Apr

greatly amused by his cleverness—that he wanted to help Palestinians lose weight.[15] Haaretz contrasts this mocking and contemptuous behavior to Hamas's behavior, which it describes as "more responsible" than Israel's government, according to a Haaretz editorial. "[Hamas's] representatives speak of a new era, of a transition from terror to politics, of continued opposition to occupation via other means, and of aspirations to a long-term hudna."[16] As if determined to confirm Haaretz's indictment, the former head of the Shin Bet, Avi Dichter, now a star in the supposedly centrist Kadima party,...
13.04.06 | |

01 Nov

...government; i.e. is engaged in a non-international armed conflict in which detention authority belongs to the Afghan government, not to individual participants. And in any event, Canada has committed to withdraw from the conflict in 2011, so even if it had independent detention authority now, that would presumably terminate just as Khadr's penal detention was reaching its earliest practical termination. Kevin Jon Heller From today's NYT: In murder cases, the Parole Board of Canada normally credits preconviction time served in custody to calculate when prisoners can apply for parole. Because...
01.11.10 | |

01 Jul

...your excellent questions. I confess I sometimes wriggle my way out of answering these by describing myself as an historian of U.S. "expansion and empire." But seriously, I welcome the opportunity to engage on this issue (which I do not consider an easy one!). Obviously the words "empire" and "imperialism" are very controversial. I use the term "imperialism" without hesitation when I write about the events of 1898, because in that context, the term is an "actor's category," that is, a term used by people at the time in the...
01.07.08 | |

01 Feb

This portion of the speech is particularly revealing. Bush is clearly willing to take serious short-term risks in the Middle East in the hopes of long-term democratic reform. There was one aspect of the speech that caused a definite disconnect for me. He clearly expressed a willingness to contextualize the spread of democracy in the Middle East, for democracy there must “reflect the traditions of their own citizens.” But then he took the unusual step of sharply criticizing radical Islam. He stated that “No one can deny the success of...
01.02.06 | |