In association with the International Commission of Jurists

Author: Kevin Jon Heller

05 Aug

In my post on the detention of Melinda Taylor and her team, I mentioned that the "guard" planted by the Libyan government to spy on the OPCD's official meeting with Saif first intervened when Saif tried to sign a statement describing his attitude toward the Libyan criminal-justice system.  I thought readers might be interested in the statement itself: Unsigned statement/sentiments from...

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04 Aug

I have just uploaded a new essay to SSRN, entitled "The International Commission of Inquiry on Libya: A Critical Analysis."  The essay is a chapter of a book on international commissions of inquiry that is being edited by the LSE's Jens Meierhenrich.  Here is the introduction: This chapter provides a critical assessment of the International Commission of Inquiry on Libya, established...

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03 Aug

When I wrote my account of Melinda Taylor and her team's detention, I somehow missed this gem in the OPCD's response: 381.  The inability of the particular prosecution authorities assigned to the case of Mr. Gaddafi to conduct credible or effective investigations and prosecutions is amply demonstrated by the fact that these same prosecution authorities claimed that an ordinary swatch watch...

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02 Aug

Of all my writing, my article on the relationship between national due process and the Rome Statute's principle of complementarity is almost certainly the most unpopular. (Except in the OTP.)  My thesis is a simple one: the failure of a national investigation or prosecution to live up to international standards of due process does not make a case admissible before...

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30 Jul

Add another name to the list of scientists that understand global warming is both real and the product of human activity.  Come on down Richard A. Muller: CALL me a converted skeptic. Three years ago I identified problems in previous climate studies that, in my mind, threw doubt on the very existence of global warming. Last year, following an intensive research...

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28 Jul

According to research conducted by Jay Brown of theRacetotheBottom.org, blogs have been cited in "law reviews, journals, and other legal publications" more than 6300 times -- a nearly fourteen-fold increase since 2006.  Here are the 10 most-cited faculty law blogs: 1. Volokh Conspiracy -- 742 cites 2. Balkinization -- 426 cites 3. Patently O -- 393 cites 4. Concurring Opinions -- 279 cites 5. Sentencing...

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26 Jul

According to the Washington Post, Phakiso Mochochoko, the head of the Jurisdiction, Complementarity and Cooperation Division in the Office of the Prosecutor at the ICC, said the following in response to Stephen Rapp's recent comments about the potential criminal liability of the Rwandan government for its support of Bosco Ntaganda's M23 in the Congo (emphasis added): The International Criminal Court is...

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25 Jul

Although clearly a step up from its genocidal predecessor, Kagame's government in Rwanda is anything but progressive. According to the State Department, the government is responsible for -- inter alia -- illegal detention, torture, enforced disappearance, attempted assassinations of political opponents, restrictions on the freedom of speech and press, violence toward journalists and human rights advocates, discrimination against women/children/gays and...

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18 Jul

It looks increasingly likely.  Mali has formally self-referred the situation in the country to the ICC and the OTP has already opened a formal preliminary investigation.  Here is yesterday's statement from Fatou Bensouda: Today I received a delegation from the Government of Mali led by the Minister of Justice, H.E. Malick Coulibaly. The delegation transmitted a letter by which the Government...

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18 Jul

I want to call readers' attention to David Frakt's excellent essay on direct participation in hostilities as a war crime.  Here is the abstract: This article addresses, in part, the question of what to do with civilian direct participants in hostilities who are not killed by opposing armed forces, but are captured. Specifically, the article address the potential criminal prosecution of...

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