We are now up to the fourth episode of Crossing Lines, the new NBC drama that features a team of detectives who work for the ICC. This episode, which concerns long-haul truckers who force families to hunt each other for sport, features a nice jurisdictional discussion after the team realizes that a German victim had been in Poland: Irish guy: "I'd say...
Someone needs to explain this to me. The ICTY's official Twitter account just tweeted the following: Witness in Mladić trial, Dražen Erdemović, is testifying with facial and voice distortion. — ICTY (@ICTYnews) July 2, 2013 A witness normally testifies "with facial and voice distortion" in order to prevent the defendant from knowing his or her identity. So here we have the ICTY tweeting...
Every week, for as long as the show survives, I'll be blogging about Crossing Lines, the new NBC drama that features a team of detectives who work for the ICC. Today, my expert analysis of the second episode: It's about art thieves. Really. It's about art thieves. I'm not kidding. (And don't get me started about how the team threatens to let a wounded...
ABC reports: The McDonald's restaurant chain refused to open a branch in a West Bank Jewish settlement, the company said Thursday, adding a prominent name to an international movement to boycott Israel's settlements. Irina Shalmor, spokeswoman for McDonald's Israel, said the owners of a planned mall in the Ariel settlement asked McDonald's to open a branch there about six months ago. Shalmor...
On 7 August 2012, in response to Moreno-Ocampo's decision not to accept Palestine's ad hoc acceptance of the ICC's jurisdiction, Bill Schabas and John Dugard submitted a letter -- signed by 30 leading ICL experts -- to the Assembly of States Parties asking it to place the issue of Palestine's statehood on the agenda of its November 2012 session. The...
I want to call readers' attention to "Assessing the Control Theory," an important new essay written by three of the best substantive international criminal lawyers. Here is the abstract of the essay, which is forthcoming in the Leiden Journal of International Law: As the first cases before the ICC proceed to the Appeals Chamber, the judges ought to critically evaluate the...
After weeks of anticipation, I finally had a chance to watch the premiere of Crossing Lines, the new NBC drama about a police unit that works for the International Criminal Court. As a police procedural, the show is not bad. William Fichtner is fantastic as always. Production values are extremely high. Bringing together detectives and investigators from a number of...
I considered adding a question mark to the title of this post, but there's really no need. I argued a couple of days ago that the real scandal concerning Judge Harhoff's letter was the Judge's willingness to reveal confidential discussions between the ICTY's judges. We now have to acknowledge another aspect of the scandal: quite understandably, defence attorneys are making...
On 11 June 2013, Judge Sanji Mmasenono Monageng asked the Presidency to excuse her from the Appeals Chamber concerning the recent denial of Libya's admissibility challenge to the case against Saif Gaddafi, which Libya is appealing. Judge Monageng's request was based on her previous participation (as Presiding Judge) in the Pre-Trial Chamber's decision to issue an Arrest Warrant for Saif...
I have refrained from weighing in on the recent scandal at the ICTY concerning a letter written by the Danish judge, Frederik Harhoff, that accuses the President of the Tribunal, Judge Theodor Meron, of pressuring his fellow judges into acquitting high-profile defendants such as Gotovina and Perisic. I have done so not because the scandal isn't worth mentioning, but because...
I have been making my way through the defence response to Libya's admissibility challenge. It's excellent, both with regard to why Libya is not prosecuting the "same conduct" as the ICC and with regard to why Libya is currently unable to genuinely prosecute Al-Senussi. I was particularly struck by the defence argument that Libya does not currently have complete control...
On 6 February 2103, the PTC ordered Libya to surrender Al-Senussi to the ICC. Libya failed to comply with that order; instead, on April 2, it filed an admissibility challenge in the case and argued that Art. 95 of the Rome Statute entitled it to postpone surrender pending resolution of its challenge. Yesterday, the PTC agreed with Libya. The PTC correctly...
