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05 Aug Complementarity, Catalysts, Compliance Symposium: Two Problems of Positive Complementarity in the Context of the DRC
...impunity for crimes committed after the Rome Statute came into force on 1st July 2002, but also in the repression of crimes prior to 2002. Should the positive complementarity between the ICC and Congolese courts also cover up such crimes? The search for the answer to this question leads us to see that Congolese judges are very attached to the Rome Statute. However, this attachment sometimes goes too far to the point of transposing the limitation of the temporal jurisdiction of the ICC (which can only prosecute crimes committed after...28 Sep Online Workshop Response: The Last Word
...did not address the modern position versus revisionist debate. A court’s approach to resolving the issue presented is a part of its holding just as the ultimate resolution of the issue is. And the approach the Sosa Court took in determining the import of the ATS is inconsistent with the modern position. Among other things, the Court’s pervasive search for and adherence to congressional intent would have been unnecessary if the modern position were correct, as would the Court’s efforts to conform to narrow, post-Erie notions of federal common law...18 Apr In Praise of the Bluebook
...bad. Yeah, I groan when I see a page that contains two lines of text and 30 lines of footnotes. But it’s still better than having to mark my place in an article, find the bibliography, and scan an endless list of references listed in 9-pt. font. 3. Citing articles as 2000a, 2000b, and 2000c is ridiculous. Do I really need to waste my time (1) finding the right group of authors in the long list — is it Finkel? Finkel and Groscup? Finkel et al.? — and (2) searching...
25 Oct The Paris Agreement in the 2020s: Breakdown or Breakup?
...Law Quarterly, I argue that these scenarios are overly optimistic. The Paris Agreement is in danger of faltering or even collapsing. While other scholars have noted the possibility of failure, I show how and why a downward spiral could unfold. The warning signs are already here: from President Trump’s withdrawal announcement in 2017 to the latest data that show that states are not on track to achieve even their initial, modest emissions reductions pledges, called Nationally Determined Contributions (NDCs). Meanwhile, the global carbon emissions budget consistent with the two-degree Celsius temperature goal...
07 Dec Symposium in Remembrance of Judge Antônio Augusto Cançado Trindade: The Pursuit of a Universal Juridical Conscience & International Law for Humankind
...considered the evolution of a universal juridical conscience to be de lege ferenda, progressing with every generation’s “search for the realization of the good in face of human suffering”. As stated in his 2020 book, International Law for Humankind: Towards a new Jus Gentium”, he blamed positivistic approaches to the interpretation of international law as decoupling values and ethics, thereby impeding international law from fulfilling social needs (page 139). In his view, “International law is absolutely not at all reduced to an instrument at the service of power; its final...05 Jul Justice O’Connor and the Complexities of International Law
...that some people (on the right or the left) like, but it is logically consistent and it hangs together. Justice O’Connor chairs the Judicial Advisory Board of the American Society of International Law. While I was the Director of Research and Outreach of the ASIL I had the pleasure of working with her over the course of three years in developing programs on international and foreign law for U.S. judges. She has a deeper and more realistic understanding of the complexities of these issues than most international lawyers — and...
27 Dec Access to Freshwater and Accountability Issues in the Israel-Hamas Armed Conflict
conflict classification and determining the applicable rules. Many answers depend on whether Hamas is considered part of the state of Palestine and whether Gaza is considered an occupied territory. In this regard the most controversial issue in this regard is whether Gaza is an occupied territory. After Israel withdrew its troops from Gaza in 2005, there have been debates on whether Israel still qualifies as an occupying power under IHL. Such a determination significantly affects the applicable law to the situation in Gaza, including freshwater resources. Legal scholars, court decisions,...
10 Mar Do Not Over-simplify Our Story: Venezuelans on the Human Rights Crisis (Part II)
philanthropy experience. Stephanie Triefus is a researcher at the Asser Institute and Academic Coordinator for the Netherlands Network for Human Rights Research.] In part I of this interview, Venezuelan human rights defenders Victoria Capriles, Geraldine Chacón Villarroel and Tomás Alberto Chang Pico reflected in conversation with Stephanie Triefus on the nuances that are lost in mainstream media discussions of the situation in Venezuela, and how international (human rights) law and institutions have struggled to provide justice for Venezuelans. In part II of the interview, Victoria, Geraldine and Tomás consider the...17 Mar Germany Sends CIA Arrest Warrants to Interpol
...13 CIA agents at the end of January for complicity in his kidnapping and subsequent torture, high-ranking US diplomats sought to convince the German government not to expand the search for the perpetrators internationally, German government sources have told DER SPIEGEL. Following the Jan. 31, 2007 issuing of the arrest warrants, US diplomats spoke with foreign policy advisors of German Chancellor Angela Merkel to express Washington’s displeasure that the case was being forwarded to Interpol, the international police organization that facilitates policing cooperation among 186 member countries — including the...24 Feb The Reprieve Drone Strike Communication I — Jurisdiction
...committed, making it impossible for the Court to prosecute the NATO personnel for being complicit in those crimes. No jurisdiction over primary liabiilty, no jurisdiction over secondary liability. It’s that simple. So does the subjective territoriality argument work? I’m not so sure, because the argument depends on two interrelated assumptions that are anything but self-evident. The first, of course, is that Art. 12(2)(a) of the Rome Statute adopts both subjective and objective territorial jurisdiction. Here is what the communication says (paras. 12-13): Further, the terms of the Statute itself support...