In association with the International Commission of Jurists

Author: Kevin Jon Heller

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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13 Jul

A recurring criticism of the ICC is that it has little to show for its first 10 years -- just one conviction -- and has cost an inordinate amount of money.  Here, for example, are the opening paragraphs of Eric Posner's recent attack on the Court in the Wall Street Journal, entitled "The Absurd International Criminal Court": Ten years ago, on...

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11 Jul

As the rare American legal academic who has both a JD and a PhD in law (the latter, of course, from a law school outside the U.S.), I think this is an exciting development, for all the reasons that Jason Mazzone laid out nicely last year at Balkinization.  I imagine Yale's PhD will be very popular, particularly given that the...

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11 Jul

The Independent has the story: European governments, including Britain's, have received legal opinion from a leading international counsel who argues they would be fully within their rights to ban trade with Israeli settlements in the occupied West Bank. The formal opinion from James Crawford, professor of international law at Cambridge University, is likely to inject fresh momentum into campaigns in the United...

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10 Jul

Thomas Lubanga Dyilo, the first person convicted at the ICC, has been sentenced to fourteen years in prison.  From the Court's press release: Today, Trial Chamber I of the International Criminal Court (ICC) sentenced Thomas Lubanga Dyilo to a total period of 14 years of imprisonment. The Chamber, composed of Judge Adrian Fulford, Judge Elizabeth Odio Benito and Judge René Blattmann,...

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07 Jul

Not surprisingly, Taylor insists that she did nothing wrong -- and that Saif Gaddafi cannot possibly get a fair trial in Libya.  First, regarding the so-called "coded letter," which has always been the most bizarre Libyan allegation: AUSTRALIAN lawyer Melinda Taylor says documents considered "coded" by Libyan authorities who jailed her were simply innocent doodles. [snip] After her release on Monday, Ms Taylor...

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