Author: Kevin Jon Heller

The blog, which has been uniformly excellent to date, is dedicated to exploring maritime piracy in all its dimensions.  Here is the description: Piracy is on the rise because of failed states and crushing poverty. A majority of modern pirate attacks originate in the Horn of Africa in Somalia although there is now a growing problem in the Gulf of Guinea. This...

At International Criminal Law Bureau, Kirsty Sutherland calls attention to a surprise moment during the Taylor verdict that has received, to the best of my knowledge, absolutely no attention from the media: In an unexpected turn of events, as Justice Lussick (Presiding), Justice Doherty and Justice Sebutinde rose to leave the courtroom after delivering the verdict, Justice Sow addressed the Court:  “The...

The Special Court for Sierra Leone has found Charles Taylor guilty on all counts, but only as an aider and abettor -- the judges have rejected the prosecution's allegations that he participated in a JCE to commit the crimes alleged in the indictment or that he had effective control over the RUF soldiers who committed the crimes (i.e, no ordering...

I am delighted to announce that over the next few days Opinio Juris will be hosting a symposium on what is increasingly called, following Tel Aviv University's Aeyal Gross, the "functional approach" to the law of occupation.  Here is the description that was sent to the contributors: Occupation law has undergone significant evolution in modern times, and cases such as Iraq...

In my previous post, I discussed the Registry's report of its visit with Saif Gaddafi in Libya, which was posted on the ICC website and then removed without explanation a few hours later.  It has come to my attention that the Office of Public Counsel for the Defence (OPCD) also prepared a report of that visit -- and that the...

So reports Radio Netherlands Worldwide.  The dispute, not surprisingly, involves Luis Moreno-Ocampo and Libya: This week the court’s public defender, Xavier-Jean Keita, accused chief prosecutor Luis Moreno Ocampo of siding with the Libyans and demanded he be removed from the case. In a court filing boiling with indignation, he accused Ocampo of making misleading statements during a visit to Tripoli this week...

I have uploaded a copy of the report, which was available for a couple of hours on the ICC website but then removed without explanation.  (It's marked public.)  Representatives of the Registry spent five days in Libya in late February and early March, so things could have changed significantly since that time.  Nevertheless, the report paints an interesting -- and...

I have no idea whether it's true, but that's what the BBC is reporting: The International Criminal Court could soon drop its demand that Saif al-Islam Gaddafi be transferred to the Hague for trial, officials have told the BBC. They say the most prominent son of the former Libyan leader Muammar Gaddafi could instead be tried inside Libya but under the supervision...

Moreno-Ocampo's inability to avoid allegations of bias has long haunted his tenure as Prosecutor.  It's impossible to forget, for example, photos of him standing next to the Ugandan President, Youweri Museveni, as he announced that he was investigating the situation in Northern Uganda -- an act that Ugandans widely perceived, rightly in light of the OTP's failure to seriously investigate...

The bankruptcy of the U.S. military-commissions system is currently on full display in the trial of Abd al-Rahim Al-Nashiri.  Readers who can stomach the spectacle of a tortured detainee being prosecuted for imaginary war crimes committed at a time when there was no armed conflict between the U.S. and al-Qaeda anywhere in the world can find excellent coverage of the...

Republican congressman Allan West channeled Joe McCarthy yesterday, telling supporters at a rally that "he's heard" as many as 80 Democratic representatives in the House are members of the Communist Party.  When asked to clarify his remarks, he wouldn't name names -- but he said he was referring to the Progressive Caucus.  No problem, then....