The inimitable David Bosco dropped quite the bombshell yesterday at FP.com: The Office of the Prosecutor at the ICC intends to open a formal investigation into the situation in Afghanistan -- a situation that includes, as the OTP discussed in its most recent preliminary-examination report, US torture of detainees between 2003 and 2005. I'll have more to say about the...
This is the first time a political ad has ever left me in tears. Enough said. https://www.youtube.com/watch?v=Rp4AelhV8Ws Vote. You know for whom....
Just Security published a very interesting post yesterday entitled "Military Attacks on 'Hospital Shields': The Law Itself is Partly to Blame," which seeks to explain why deliberate attacks on hospitals are becoming increasingly common -- in Syria, in Yemen, and elsewhere. The authors acknowledge that deliberate attacks on hospitals are almost always unlawful under IHL, because they violate the principle...
I want to call readers' attention to Oxford University Press's publication of my friend Kim Priemel's new book, The Betrayal: The Nuremberg Trials and German Divergence. Here is the publisher's description: At the end of World War II the Allies faced a threefold challenge: how to punish perpetrators of appalling crimes for which the categories of 'genocide' and 'crimes against humanity'...
I have posted a short article on SSRN, entitled "Taking a Consenting Part: The Lost Mode of Participation." Here is the abstract: This short article, my contribution to a special issue of the Loyola International and Comparative Law Review commemorating the 70th anniversary of the Nuremberg Trial, critically examines “taking a consenting part” in an international crime – a mode of...
The National University of Ireland Galway seeks to appoint a Professor of Human Rights Law and Director of the Irish Centre for Human Rights, within the School of Law. The Irish Centre for Human Rights has developed a global reputation for excellence in the field of human rights teaching, research and advocacy, which has enabled it to attract high quality students...
Last year, I criticised ASIL for limiting its very prestigious Lieber Prize to academics under 35. I described that limit as "ageist," noting that in today's academic world there are many law professors over 35 who, because they joined academia late, should rightfully be considered junior scholars. So I am delighted to note that ASIL has changed the eligibility criteria...
I know pointing out stupid things Donald Trump says is a fool's errand -- pretty much everything Donald Trump says is stupid. (Note to non-hack conservative friends: I genuinely feel sorry for you.) But I'm struck by how little attention pundits have paid to this gem: I think that once the nuclear alternative happens, it's over. At the same time, we have...
UNIVERSITY OF NOTTINGHAM: MAY 8, 9 and 10, 2017 Earlier today, Dino Kritsiotis (Univ. of Nottingham), Anne Orford (Univ. of Melbourne) and JHH Weiler (NYU) launched the Sixth Annual Junior Faculty Forum for International Law, which will be held at the University of Nottingham in May 2017. All details regarding the Forum procedure and process are available here: http://annualjuniorfacultyforumil.org/...
The headline is almost a generic one, applicable to dozens of Israeli actions. I'm using it now specifically in connection with Israel denying entrance to my SOAS colleague Dr. Adam Hanieh, who was scheduled to give a series of lectures at Birzeit University: Dr. Hanieh, a Senior Lecturer in the Department of Development Studies at the School of Oriental and African...
I love the Guardian. It's generally a great paper. But its unwillingness to correct even the most basic mistakes constantly amazes me. In an otherwise interesting article about the ICC and environmental crimes, John Vidal and Owen Bowcott -- the Guardian's environment editor and legal affairs correspondent, respectively -- say this (emphasis mine): The ICC can take action if the crime happens...
I have posted the essay on SSRN. Here is the abstract: The question “what is an international crime?” has two aspects. First, it asks us to identify which acts qualify as international crimes. Second, and more fundamentally, it asks us to identify what is distinctive about an international crime – what makes an international crime different from a transnational crime or...
