While researching an essay on the use of analogy in IHL, I had the misfortune of reading Al Warafi v. Obama, a recent habeas case involving an alleged member of the Taliban. Al Warafi argued that even if he was a member of the Taliban -- which he denied -- he was entitled to be treated in detention as permanent...
London-area readers interested in the ICC and Palestine might want to attend the following event, which is co-sponsored by Chatham House and Doughty Street Chambers (where I'm an academic member). It should be good, despite my participation: Milestones in International Criminal Justice: The ICC and Palestine Date: Tuesday 02 December 2014 Time: 18.00 - 19.30 Location: 54 Doughty Street, London WC1N 2LS Venue: Doughty Street...
Mark Kersten, creator of Justice in Conflict, long one of the most important blogs in international criminal justice, successfully defended his thesis yesterday at the LSE. Heartfelt congratulations, my friend! And, of course, now that Mark has the word "Dr." in front of his name, we can finally take him seriously....
As I read – and re-read – the OTP’s decision regarding the attack on the Mavi Marmara, one thought kept going through my mind: what was the OTP thinking? Why would it produce a 61-page document explaining why, despite finding reason to believe the IDF had committed war crimes during the attack, it was not going to open an investigation?...
Nearly nine years ago, I blogged about the ICRC's efforts to prevent the use -- or, more accurately, the misuse -- of the Red Cross symbol in videogames. I imagine it will have less of a problem with the new game This War of Mine, which challenges the player to survive as long as possible as a civilian in a...
I want to call our London-area readers attention to a very interesting event I'll be chairing on November 19. The event is entitled "Reinforcing International Criminal Justice: Building on the Work of the 1943-48 UN War Crimes Commission"; here is the description: As part of Centre for International Studies and Diplomacy's Research Programme on UN War Crimes Commission which was published in...
According to Marlise Simons at the New York Times, Comoros intends to appeal the OTP's decision not to open a formal investigation into Israel's attack on the MV Mavi Marmara. That's its right -- but it's a right without a remedy, because the judges cannot order the OTP to investigate the attack. The relevant provision in the Rome Statute is Art. 53: 1. ...
As Thomas Escritt has reported for Reuters, the OTP has declined to open a formal investigation into Israel's attack on the MV Mavi Marmara. I will have much more to say about the decision tomorrow; I agree with the OTP's conclusion but have serious problems with much of its reasoning. But I thought I'd tease tomorrow's post by noting that, despite...
Here is the question: are there any norms governing how many potential supervisors a student looking to apply for a PhD can or should approach? I get a few emails expressing interest in my supervision each month, and they generally fall into three categories: (1) proposals that are clearly directed toward me, because they discuss my work and propose topics I've written about;...
Earlier this year, Chris Gevers blogged about the Zimbabwe Torture Docket case, in which the Constitutional Court of South Africa was asked to determine whether the South African Police Service (SAPS) is required to investigate allegations that high-ranking government and security officials in Zimbabwe committed acts of torture. Those acts took place solely in Zimbabwe and involved only Zimbabweans, so the key...
Lawyers for the Lago Agrio plaintiffs have filed a communication with the ICC asking the OTP to investigate Chevron officials for alleged crimes against humanity in connection with the company's "rainforest Chernobyl" in Ecuador. Ecuador ratified the Rome Statute in 2002. Regular readers know my sympathies -- both ethical and legal -- lie squarely with the Lago Agrio plaintiffs. The only thing more...
While in DC last week for the ICC/Palestine event at George Mason -- I'll post a link to the video when it becomes available -- I had the pleasure of sitting down with Lawfare's Wells Bennet and Just Security's Steve Vladeck to discuss the oral argument at the DC Circuit on the al-Bahlul remand, which the three of us attended...
