Just when I thought its position couldn't get more ridiculous, Libya argues the following -- presumably with a straight face -- in response to the defence's complaint that it is violating its obligation to surrender Saif to the ICC: It is clear, as Mr. Gaddafi noted in the Request, that the issue of admissibility – in particular ability to pursue a domestic...
Another person who should know better has misrepresented the ICTY's specific-direction requirement: Owen Bowcott, a legal correspondent for the Guardian. Here is the sub-headline of his new article on the impact of the Perisic judgment: Legal experts say proof that accused 'specifically directed' atrocities now required after tribunal acquits Serbian commanders. And here is the first paragraph of the article: Generals and politicians...
I want to welcome a promising new member of the international criminal law blogosphere -- Beyond the Hague. The blog is refreshingly international, as befits an ICL blog; its current contributors are Alex Fielding, Manuel Eynard, Maria Eleni Vignoli, Maria Radziejowska, Paul Bradfield, and Peter Dixon. I particularly want to single out a fantastic post by Alex Fielding on Judge Harhoff's...
On July 10, counsel for Al-Senussi filed a motion with the Pre-Trial Chamber complaining that Libya had announced it would begin Al-Senussi's trial no later than the end of Ramdan -- August 7 -- despite the fact that Libya's admissibility challenge was still pending before the ICC. On August 5, Libya filed its response, arguing that it has no obligation...
Yikes. http://www.youtube.com/watch?v=HZzNL898oW4...
After much agonizing,I have reluctantly decided to discontinue my weekly analysis of Crossing Lines. Sadly, the last two episodes of the show have almost scrupulously avoided the ICC; mentions were limited to throwaway dialogue ("I'm with the ICC") or logos on computer screens. Even worse, the most recent episode featured a brief but completely accurate discussion of the Rwandan genocide...
As a progressive, I'm delighted that Bradley Manning was acquitted of aiding the enemy but horrified that he was convicted of espionage. Ethically, Manning is a hero, not a spy. As a law professor, though, I think it's critically important to get the law right -- and unfortunately, many commentators are simply misstating what the Espionage Act says and how courts...
As I recently noted, the Appeals Chamber has rejected Libya's request to suspend its obligation to surrender Saif Gaddafi to the ICC pending resolution of its admissibility appeal. Libya, of course, has no intention of complying with that obligation. Indeed, it admitted as much today: According to Libya’s Justice Minister Salah al-Marghani, Seif, who is being detained in the Libyan city...
Peter has responded at Lawfare to my most recent post. I think we've taken the argument about as far as we can, so I'll give Peter the last word. Suffice it to say that, according to Peter's new post, there is nothing wrong with an appellate court upholding a defendant's conviction (1) for a non-existent war crime -- conspiracy; (2)...
As I was doing some research for my posts on the al-Bahlul amicus brief, I came across a superb student note in the Michigan Journal of International Law written by Alexandra Link. It's entitled "Trying Terrorism: Material Support for Terrorism, Joint Criminal Enterprise, and the Paradox of International Criminal Law," and here is the (very long) abstract: In 2003, the United States...
I noted in the update to my response to Margulies that the Hamdan military commission rejected the government's argument that JCE is a viable alternative to conspiracy as an inchoate crime. It's worth adding that the Khadr military commission rejected the same argument. A brief filed by Khadr provides the necessary background (pp. 2-3; emphasis mine): On 2 February 2007, the Office...
Peter's reply is posted at Lawfare, and it addresses both my criticisms (here and here) and Steve Vladeck's (here). The reply is largely non-responsive to the points that I made in my posts; most of it is dedicated to establishing that the evidence presented at trial is sufficient to conclude that al-Bahlul participated in a JCE to commit 9/11 --...
