Well, not really. But that's the unintended consequence of yesterday's awful decision in US v. Sterling, in which the Fourth Circuit held that James Risen could not rely on journalist's privilege to avoid testifying against James Sterling, whom the government believes leaked classified information to Risen. According the court, the government is entitled to Risen's testimony, because he is the...
In the wake of the Pre-Trial Chamber's categorical rejection of Libya's admissibility challenge, the Libyan government asked the Appeals Chamber to suspend its obligation to transfer Saif Gaddafi to the ICC pending its appeal of the decision. The Appeals Chamber has now rejected that request and ordered Libya to surrender Saif to the Court. Here are the critical paragraphs of its decision: 24. Libya...
Yes, the twitter rumour is true: as of January 2014, I will be Professor of Criminal Law at the University of London, SOAS. (Formerly known as the School of Oriental and African Studies.) I am very excited about the move; SOAS is a superb law school with one of the most diverse and most interesting faculties in the world. It is...
Ah, hypocrisy -- thy name is the United States. First up, US anger at Israel for not supporting a lawsuit concerning allegations that the Bank of China laundered money for Hamas and Islamic Jihad: Israeli Ambassador to the US Michael Oren was called back to Israel to take part in an emergency meeting convened this weekend by Prime Minister Benjamin Netanyahu so that Oren could pass on messages...
This week's Crossing Lines is a two-parter involving the kidnapping of a Russian billionaire's son, so I'll have more to say next week. For now, just take a gander at this exchange, wherein the French detective explains -- read: defends -- her team's jurisdiction: Billionaire: "Who are you people, again?" French Detective: "We work out of the International Criminal Court." Billionaire's Wife: "Handling...
I am a huge fan of Human Rights Watch's Ken Roth, but his description of the specific-direction requirement in yesterday's New York Times is not simply misleading, it's flat-out wrong. Here are the relevant paragraphs of his op-ed (emphasis mine): Aiding-and-abetting liability has long been understood to require proof beyond a reasonable doubt that the accused knew that his conduct had...
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...
