Lawfare has published a very interesting guest post by Haridimos Thravalos on whether conspiracy is a war crime. The whole thing is worth a read; here is the intro: In June 2006, the U.S. Supreme Court struck down President George W. Bush’s use of military commissions to try suspected members of al-Qaeda in Hamdan v. Rumsfeld, 548 U.S. 557...
I returned ten days ago from a week of teaching international humanitarian law in Jericho. It was my first time in the West Bank, and I won't soon forget it. I was particularly struck, not surprisingly, by the limitations on Palestinian life and movement -- the endless checkpoints, the hideous wall, the massive illegal settlements dotting the landscape....
Jack Goldsmith has an editorial today at Foreign Policy defending the legality of drone strikes. Readers will not be surprised to learn I disagree with his assessment, but exploring our differences is not the point of this post. Instead, I want to acknowledge the precision with which he describes the "unwilling or unable" test for self-defense against a...
In his recent guest post, Doug Cassel attempts to portray Chevron as the innocent victim of illegal and unethical conduct by the lawyers for the plaintiffs harmed by its predecessor's dumping of 16.8 million gallons of crude oil and 20 billion gallons of toxic waste into the Ecuadorian rainforest. Cassel writes as an advocate for Chevron, so he can hardly...
I'll have much to say about various legal aspects of the Lubanga judgment in the days to come, but I wanted to start by discussing the relatively narrow -- though critically important -- point that Jens addressed in his post: the dispute between the majority and Judge Fulford concerning the correct interpretation of co-perpetration in Article 25(3)(a) of the Rome...
From AllAfrica.com: Today, International Criminal Court (ICC) judges in The Hague delivered the Court's first verdict—a finding of guilt against former Congolese warlord Thomas Lubanga. Prosecutors accused Lubanga of the war crimes of conscripting, enlisting, and using children under the age of 15 years for combat purposes while he served as political head of the Union of Congolese...
In a previous post, I noted that Peter Berkowitz defended the legality of a U.S. or Israeli attack on Iran's non-existent nuclear weapons program by invoking U.S. practice -- and only U.S. practice. He now has offered another defense of such an attack in response to an editorial by Bruce Ackerman in the L.A Times. Unfortunately, Berkowitz's second article is...
Scott Peterson has a fantastic timeline at the Christian Science Monitor that catalogs all the times Western countries have predicted Iran's imminent entry into the nuclear club. Some highlights: 1984: Soon after West German engineers visit the unfinished Bushehr nuclear reactor, Jane's Defence Weekly quotes West German intelligence sources saying that Iran's production of a bomb "is entering its...
I am teaching IHL in Jericho this week, so I don't have as much time as I'd like to weigh in on the increasingly surreal debate over whether the right of self-defense in Article 51 of the UN Charter permits the U.S. or Israel to attack a country that does not have nuclear weapons, could not build a nuclear weapon...
Like many readers, I never miss FP's online "Morning Brief," which provides links to numerous interesting international developments. It's an incredibly useful and erudite feature -- which is why I was so surprised to see the following headline this morning: A U.S. court dismissed charges against the president of Sri Lanka for war crimes. Um, no. The case did not involve war...
It is my pleasure to announce that the Journal of International Criminal Justice, the leading journal in the field, has just published a special issue on the crime of aggression to commemorate its 10th anniversary. The special issue, which is edited by Claus Kreß and Philippa Webb, contains a variety of fascinating articles on aggression from a number of leading...
It won't save his job, for reasons Julian mentioned a week or so ago, but it's still good news: Spain's top court acquitted renowned judge Baltasar Garzon on Monday of abuse of power by trying to investigate Franco-era atrocities, in a case that exposed deep wounds dating back to the civil war. Six members of the seven-strong Supreme Court...
