In association with the International Commission of Jurists

Author: Kevin Jon Heller

04 Sep

A February 2010 cable from the US embassy in Tel Aviv to the State Department concerning a discussion with the IDF's Military Advocate General about the Palestinian Authority's request for the ICC to investigate Operation Cast Lead contains the following remarkable paragraph (emphasis added): Summary: IDF Military Advocate General Mandelblit updated the Ambassador on February 17 on the progress of investigations...

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03 Sep

David Bernstein has a pointless "gotcha" post at Volokh Conspiracy today in which he argues that the Palmer Report somehow contradicts my claim that blockade is only permissible in international armed conflict (IAC), whether between states or between a state and an insurgent group recognized as a belligerent.  Here it is in full: Kevin Jon Heller of University of Melbourne and...

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02 Sep

As Julian noted earlier today, the UN's Palmer Committee has released its report on the Mavi Marmara incident, concluding that Israel's actions regarding the ship were were excessive and unreasonable, but that the blockade of Gaza itself is legal. I have questioned the legality of the blockade before, leading two readers to claim that the Palmer Committee's report contradicts my...

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28 Aug

As some readers may know, I spent four years writing television in Los Angeles -- law, cop, and terrorism shows -- before becoming an academic.  When I wrote scripts, I prided myself on accuracy: although I occasionally took artistic license, I always tried to get the law and facts right as best I could.  So it bothers me to no...

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23 Aug

Time has an interesting article up about Saif's reappearance in Tripoli.  The whole thing is well worth a read, but I was struck by these paragraphs about the ICC: The rebels were not the only ones whose credibility was in doubt on Tuesday. So too was that of the International Criminal Court (ICC) in The Hague, which has indicted...

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23 Aug

So says Saif Gaddafi, who apparently has not been captured by the rebels after all: Muammar Gaddafi's once powerful son, Saif al-Islam, made a defiant appearance in Tripoli last night to disprove the revolutionaries' claim to have arrested him and to proclaim ultimate victory. Saif al-Islam, 39, arrived in an armoured vehicle waving two fingers in a victory sign...

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21 Aug

CNN is reporting that Libyan rebels have arrested Saif Gaddafi, Muammar's second-eldest son long thought to be his most likely successor. Saif is one of the three suspects for whom the ICC has issued arrest warrants; the allegations include persecution and murder as crimes against humanity.  And it appears that the OTP is already in negotiations with the rebels to...

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21 Aug

Our friends at the Cornell International Law Journal have asked me to post the following call for papers.  The conference looks great; I'm disappointed that it starts the last day of my summer teaching obligations. The Cornell International Law Journal is pleased to announce its 2012 symposium, Forces Without Borders: Non-State Actors in a Changing Middle East, February 17th–18th, 2012 at...

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19 Aug

Well, at least it is in Michelle Bachmann's world: I would say it's a unified message. It really is about jobs and the economy. That doesn't mean people haven't [sic] forgotten about protecting life and marriage and the sanctity of the family. People are very concerned about that as well. But what people recognize is...

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19 Aug

Apologies for the non-existent blogging of late -- a few weeks ago a car knocked me off my bike, breaking a small bone in my forearm and badly bruising my ribs.  I didn't need surgery or even a cast, fortunately, but I haven't been able to type more than a short email until the past few days.  This is probably...

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