A few weeks ago, I wrote a long post explaining the one way in which the absence of due process in a national prosecution could make a case admissible before the ICC. The post drew a distinction between two different kinds of national prosecutions: (1) one that fails to satisfy international standards of due process; and (2) one that fails...
Just another day in America's own gulag: A special Obama administration task force review found in 2009 that Latif, who had been held at Gitmo since early 2002 and had waged a long legal battle for his freedom, could be released, a conclusion that could only be reached by a unanimous vote of all U.S. intelligence agencies. That finding was buttressed a...
Mark Kersten has the scoop at Justice in Conflict: So why, then, did Mauritania do it or, perhaps more accurately, how did Libya convince Mauritania to change its tune? Having reached out to various contacts to see whether anyone knew what had changed Mauritania’s mind, a number of individuals quickly responded that there was only one possible motivation: money. While certainly not...
Just when you thought you've seen everything -- you haven't: According to a statement posted on the website of the Special Court for Sierra Leone, Judge El Hadji Malik Sow, a Senegalese jurist who served as alternate judge for Trial Chamber II, has agreed to testify in the wake of the defense appeal. A guilty verdict was handed down against Taylor last...
What I said last month, about Mauritania refusing to extradite al-Senussi to Libya? Never mind: The man accused of having helped orchestrate some of the worst crimes committed by the regime of ex-Libyan leader Moammar Gadhafi has been extradited back to Libya, according to a Mauritanian government statement. The communique carried by national radio and on Mauritania's official news agency said Abdullah...
Thanks to a couple of kind retweets by Peter, our twitter guru, some readers might have noticed that I have joined the twitterverse -- @kevinjonheller. I don't know how often I will be tweeting; I much prefer blogging as a medium of communication. But feel free to follow me, if you are so inclined. That said, two caveats. First, I don't...
A recent post at Mother Jones mentions my view of UBL's killing and provides Ken's brief thoughts on his death: Kenneth Anderson, a law professor at American University Washington School of Law, disagrees. "Being wounded does not necessarily render one hors de combat; hors de combat means they’re not actually posing a threat to you," Anderson says, citing moments where wounded...
Of the 1500+ posts I've written for Opinio Juris over the past seven years, none angered my fellow progressives more than the post in which I claimed that the killing of Usama bin Laden was perfectly legal under international law. Here is what I wrote: To begin with, I think the applicable legal regime is international humanitarian law (IHL), not international...
South Africa recently decided that, in order to avoid consumer confusion, goods imported from the Occupied Palestinian Territories must include special labels that make clear they were not produced in Israel. Israel's outrage was predictable -- but its rhetoric was anything but: The Israeli Foreign Ministry said it would summon South Africa's ambassador to lodge a protest over the decision on...
Mark Klamberg, who is a lecturer in public international law at the University of Stockholm, has a detailed post on his personal blog about the likelihood -- or unlikelihood, to be more precise -- that Sweden would extradite Julian Assange to the United States. He has kindly given me permission to reprint a significant portion of it (I've made minor...
Fresh off the failure of the Arms Trade Treaty -- aka The UN's Secret Plan to Disarm the Defenders of Freedom and Enslave Mankind -- Google has released an amazing new tool that maps global flows of light weapons and ammunition. Here is how the Huffington Post describes the tool: The Peace Research Institute Oslo (PRIO), a Norwegian initiative focused on...
A friend of mine asked me that question the other day. Imagine that a non-state actor (NSA) had both a legislative branch that enacted criminal laws and a functioning criminal-justice system that prosecuted violations of those laws. Could the NSA challenge the admissibility of a case pending at the ICC on the ground that it was already investigating or prosecuting...
