The US submission to the ASP has finally appeared. It is not very long -- about 1.5 pages -- but manages to pack in a good number of false claims and bizarre interpretations of the Rome Statute. In terms of falsity, the US repeats its longstanding claim that the Court has no jurisdiction over the nationals of non-state parties, even when those...
Although many important issues will be discussed this week at the Assembly of States Parties (ASP), none will be quite so momentous as the decision to activate the ICC's jurisdiction over the crime of aggression. Whatever one thinks of the merits of the definition of aggression, there is no question that the activation of jurisdiction will represent the culmination of...
Reminder: Deadline for Applications for Seventh Annual Junior Faculty Forum for International Law—May 28, 29 and 30, 2018 This is a brief reminder that applications for the Seventh Annual Junior Faculty Forum for International Law are due on Dec. 15, 2017. The Forum will be convened by Anne Orford (Law – Melbourne), Dino Kritsiotis (Law – Nottingham) and J.H.H. Weiler (Law –...
[Jeffrey Biller, Lt Col, USAF, is the Associate Director for the Law of Air, Space and Cyber Operations at the Stockton Center for the Study of International Law, US Naval War College.] On 27 May 1941, the British battleships King George V and Rodney engaged the German battleship Bismarck, which had been previously disabled by a torpedo attack from aircraft belonging...
A couple of days ago, the OTP finally announced what we all expected: that it would not reconsider its refusal to open a formal investigation into Israel's attack on the MV Mavi Marmara. Dov Jacobs has already offered some thoughts on the lengthy document the OTP has filed with the Court explaining its reasoning -- what the OTP nicely calls...
I am proud of many of my former students, but the one I am most proud of is Golriz Ghahraman, who took my international criminal law course many years ago at the University of Auckland and is still a dear friend. In the years since my course, Golriz has worked on the Karadzic case, earned an MSt in human rights from Oxford,...
[Jennifer Trahan is an Associate Clinical Professor at the Center for Global Affairs at New York University.] As Jens Ohlin has written, a highly awaited verdict came out Wednesday, November 22, sentencing Ratko Mladic, former commander of the Main Staff of the Bosnian Serb Army (VRS), to life in prison for genocide, war crimes and crimes against humanity committed from 1992-1995. The...
[Jeffrey Biller, Lt Col, USAF, is the Associate Director for the Law of Air, Space and Cyber Operations at the Stockton Center for the Study of International Law, US Naval War College.] Those familiar with Patrick O’Brian’s Aubry-Maturin series of novels (brought to film in Master and Commander starring Russel Crowe) will know that the boarding and seizure of ships was...
[Alonso Gurmendi is Professor of International Law at Universidad del Pacífico, in Peru.] As seen in Part I, Colombian transitional justice mechanisms have played a key role in the evolution of the Inter-American Court’s jurisprudence on proportionality of punishment. In this second part, I will analyze whether the Court’s Colombian case-law can influence Peru’s discussion regarding a hypothetical humanitarian pardon for...
Spreading the Jam has a guest post today from Santiago Vargas Niño criticising my argument that the OTP was required to notify Burundi as soon as it decided to ask the OTP to authorize the investigation. Here is what he says: Professor Heller cites Article 15(6) to argue that, by receiving information under articles 15(1) and 15(2) of the Statute, the Prosecution has...
[Alonso Gurmendi is Professor of International Law at Universidad del Pacífico, in Peru.] In recent months, most commentaries coming out of South America have focused on the Colombian Peace Agreement with the FARC. There is, however, another post-conflict country positing interesting legal questions. In parallel to Colombia, Peru has been engaged in its own debate over whether international and domestic law...
[Lieutenant Commander Peter Barker is a Royal Navy barrister, currently serving as the Associate Director for the Law of Coalition Operations at the United States Naval War College. The views expressed in this article are personal and do not reflect the position of the United Kingdom government or Armed Forces.] Technology has changed many aspects of naval warfare and the rate...
