As Ken notes below, the draft UN Security Council Resolution regarding the disposition of Syria’s chemical weapons is now available. While it can’t be construed as authorizing the use of force against Syria to ensure compliance without further Security Council action – entirely consistent with the Council’s past practice in Iraq, Kosovo, and elsewhere with slowly escalating Security...
As one commenter to Ken's post on the draft UN Security Council Resolution notes, there will be no Security Council referral to the ICC on Syria. Currently there is one paragraph in the draft resolution expressing the Security Council's "strong conviction that those individuals responsible for the use of chemical weapons in the Syrian Arab Republic should be held accountable;" That's not...
As readers know, the Special Court for Sierra Leone's Appeals Chamber upheld Charles Taylor's conviction and 50-year sentence yesterday. It's been interesting to watch human-rights groups and advocates claim, predictably, that the judgment is a milestone in the fight against impunity, a position that seems to wilfully ignore the significant failure of the prosecution in the case. After all, both...
Probably many of you are reading, as I am now, the just-released language of a draft UN Security Council resolution (reported by the press as P-5 approved) on Syria's chemical weapons. I'm particularly interested in this, as I'm talking tomorrow at ASIL's monthly brown bag lunch for Congressional staff on Syria and the use of force - it's a descriptive...
It's been another busy week in international law and international relations. Here's a recap of a selection of the headlines from around the world: Middle East Israel and Palestine have agreed to intensify their peace talks with greater participation by the United States. Iran's foreign minister expressed hope that a meeting with top diplomats from the US and five other powers will jump-start...
For the non-twitterati, Omar al-Bashir has -- unsurprisingly -- cancelled his trip to the UN. That decision reflects an underappreciated "soft power" aspect of the ICC: even an unexecuted arrest warrant limits the freedom of a suspect facing charges. There may be no reasonable prospect of Bashir being arrested anytime soon. But there is also no reasonable prospect that he...
[John P. Cerone is Visiting Professor of International Law at the Fletcher School of Law & Diplomacy (Tufts University) and Professor of Law at the New England School of Law. He has also served as Special Advisor to the US delegation to the UN Human Rights Council and as a legal advisor to international criminal courts.] Omar al Bashir, President of...
I've been surprised how quiet the Obama Administration has been in terms of treaty actions in its 5 years in office -- you can pretty much count on one hand the number of treaties that have gone through the Senate Advice and Consent process (and nothing at all has happened this Congress). Now, some of the blame for this certainly...
[See update at end of this post] Russia's government has recently been talking up international law, so it will be interesting to see if they follow through with plans to charge Greenpeace activists with piracy. MOSCOW — Russia opened a criminal case Tuesday against Greenpeace activists, accusing them of piracy for attempting to stage a protest on an Arctic oil rig. A Greenpeace spokeswoman...
Things are continuing to gear up here in the United States for the big foreign affairs law case of the year -- U.S. v. Bond, which, among other things may allow the U.S. Supreme Court to revisit one of its most significant foreign affairs law cases ever - Missouri v. Holland. Bond asks two questions: (1) whether the Constitution limits...
Ryan has a fascinating but problematic post today at Just Security in which he takes international-law scholars to task for opportunistically flip-flopping on whether the US is involved in an armed conflict with al-Qaeda. Here is the crux of his argument, taken from the post's introductory paragraph: Those arguments have been inconsistent with regard to one fundamental legal question: whether the...
It's been over five months since the Supreme Court rendered its landmark decision in Kiobel v. Royal Dutch Petroleum. A quick review of lower court decisions suggests that Kiobel marks the end of the Filartiga revolution in the United States. The most significant lower court ruling to date is Balintulo v. Daimler AG where the Second Circuit rejected...
