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...in the Rome Statute. Generally speaking, it is possible that a single term in a legal text carries different meanings. For this reason, provisions should be understood contextually, and the Rome Statute should be read as a whole. The term ‘case’ is an example here. The meaning of the term ‘case’ in the situation phase ( as referred to in Article 53 (1)) differs from its meaning in the case stage (as referred to in Article 53(2)). ‘Investigation’, as referred to in the chapeau of Article 53 of the Rome...

long term is an open question. Iraq and Afghanistan are the obvious examples of the concern over long-term stability. With the recent increase in bombings and counter-demonstrations, Lebanon may slip into this category as well. And, on top of this, the U.S. can still “lose the peace” if it is not vigilant. The short-changing of democratization and stabilization initiatives in Afghanistan is an example of exactly the type of foreign policy we do not want. Nurturing democracies in post-conflict situations is a long, delicate, and expensive process. In Afghanistan, we...

...Consider the text of Article 134 of the Iraqi Constitution: The expression “the Presidency Council” shall replace the expression “the President of the Republic” wherever it is mentioned in this Constitution. The provisions related to the President of the Republic shall be reactivated one successive term after this Constitution comes into force. According to Article 134, the Presidency Council assumes all of the powers of the President for “one successive term” after the entry into force of the Iraqi Constitution. The question, then, is whether that term has already elapsed....

So how will the mid-term elections affect international relations? Here are my predictions of ten things to look for in the next two years: 1. House investigations on the war in Iraq. 2. House spending limits on the war in Iraq. 3. Cabinet level changes. 4. Democratic infighting about the road ahead in Iraq. 5. Trade Promotion Authority is not renewed. 6. Doha is signed in June 2007, on eve of TPA expiration. 7. Sharp congressional confrontation on executive power. 8. Stevens retires, and Bush appoints successful moderate conservative. 9....

Cesare Romano Let's assume for a moment that it does authorize to stop and search North Korean vessels. What if North Koreans hide their wares on military ships? Does it apply even to those? The LOS Convention is absolutely clear that no one has the right to S&S military ships (Art. 95). Let’s say that the Security Council can override that norm (which is arguably also customary law). The fact is that S&Sing military vessels is very risky, and if I were god ole' Kim I would use them to...

...best person to assume the post in January 2017. By tradition, the post rotates amongst different geographical areas of the world, and the next Secretary General would, under this system, come from Eastern Europe. Because of tensions at the UN between Russia and Western States, however, many predict it will be impossible to find a candidate acceptable to all. The proposal for implementing a merit based search with multiple candidates, and for a non renewable 7 year term therefore comes at an excellent time. Member states should take up the...

...of being investigated by the ICC. This will delight most Israeli's and supporters of Israel. Eugene thank you for pointing out the additional paragraphs missing from Kevins post. They offer good clarification on the OTP's position re the term "occupation" being used to describe Israels actions against Gaza. Many appreciate having the full picture to prevent being mislead. Kevin Jon Heller Wishful thinking, pure and simple. The OTP could not have concluded that there is reason to believe Israeli soldiers committed war crimes under 8(2)(a) and (b) if it did...

on what it does and not just what it says. Susan Yoshihara, PhD Director, International Organizations Research Group VP/Research, C-FAM Piero Tozzi With regard to Mr. Francesco Messineo’s assertion that “Amnesty International never stated that there is an international human right to have an abortion,” and the suggestion that I have been “intellectually dishonest” (!!), I offer the following points for your consideration. 1) As recently as 2005, Amnesty took the position in its published works that “There is no generally accepted right to abortion in international human rights law.”...

...doesn’t “see” them. A reprisal is indeed hard to see because it hardly ever happens; it’s the threat of the reprisal that enforces the law.To SETH WEINBERGER: Of course international law reflects what states in the aggregate want to do. If it didn’t, it would have been a non-starter five thousand years ago. The only real difference is between long-term and short-term interests, which can vary from state to state and from time to time. State A may be in favor of rule R as a long-term general proposition, but...

...to apply. He reiterates that international human rights law is also binding upon a State in respect of any person subject to its jurisdiction, even when it acts outside its territory. Military detention facilities are considered in Chapter II. In the context of detainees at Guantánamo Bay, the Special Rapporteur concludes that the categorization of detainees as “unlawful enemy combatants” is a term of convenience without legal effect. He expresses grave concern about the inability of detainees to seek full judicial review of determinations as to their combatant status, which...

...Bell probably used the term colloquially NOT in the authoritative-subordinate sense. There is not sufficient evidence that he used the term incorrectly, and given the overall tone, substantial contextual evidence that he did use the term in an acceptable fashion. Kevin Jon Heller Yes, nothing suggests the "ICC Declares War on Israel" quite like a decision requesting the OTP to consider re-opening an investigation while acknowledging they are under no obligation to do so... sebbysteiny Hi Kevin I have read a few of your blogs and am thinking about starting...

...to affect things in a noticeable way (read today's reporting on the front page of the LA Times). The somewhat 'detached' tone adopted by al-Jazeera may reflect the better part of discretion when it comes to considering the impact a more thoroughly demonized portrayal of mythic proportions might have in the long term. For better and worse, the term 'terrorist' has been emptied of meaningful referent and moral approbation in the Middle East owing to its overuse and indiscriminate employment in popular and political discourse. For instance, those who fought...