Things are starting to heat up around the pending U.S. Supreme Court case Bond v. United States, which will test the scope of Congress's power to implement U.S. treaties. The case is a big one -- challenging as it does the holding of the most famous of U.S. foreign affairs law cases -- Missouri v. Holland and Oliver Wendell Holmes' wonderfully...
A couple of months ago, the ICTY Appeals Chamber acquitted Momčilo Perišić, the Chief of the General Staff of the Yugoslav Army, of aiding and abetting various international crimes committed by the Army of Republika Srpska (VRS) during the war in the Balkans. According to the Appeals Chamber, when a defendant is accused of aiding and abetting crimes committed by an organization,...
By any standard, the Pre-Trial Chamber's rejection of Libya's admissibility challenge is a crushing defeat for the Libyan government. Libya's challenge failed for two basic reasons: (1) Libya is not investigating the same case as the OTP; and (2) Libya is currently unable to genuinely prosecute Saif. I will address the first ground, which I think is legally correct but...
Irini Papanicolopulu highlights the important and sometimes central role that non-state actors have in the whaling disputes between Japan and Australia. Invoking the traditional lens of international law, she considers whether the actions of Sea Shepherd Conservation Society (SSCS) or the Institute for Cetacean Research can implicate state responsibility. Her conclusion is properly uncertain given the murky relationships between Australia...
This week we are delighted to bring you a symposium exploring the intersection between the law of responsibility and the law of the sea. The motivation for this symposium is twofold: First, although there is long interaction between the law of the sea and the law of responsibility, the law of the sea has become an area where the intersection is of...
In previous posts (here and here), I discussed the reasons why Obama will never actually enforce the "near certainty" standard regarding civilian casualties and noted that the standard is vastly more restrictive than IHL's principle of proportionality. In this post, I want to explain why the new targeting standards for the use of lethal force "outside the United States and...
As Bill Schabas noted in his recent post, the Comoros referral raises interesting questions concerning the Pre-Trial Chamber's power to review a decision by the OTP not to open a full investigation into a situation. Most people who don't keep a copy of the Rome Statute in their back pocket probably believe that the OTP has complete discretion concerning such...
This is very interesting. The Union of the Comoros, a state party to the Rome Statute since 2002, has formally referred Israel's attack on the flotilla that included the MV Mavi Marmara to the ICC. The question I want to address in this post is whether the Court has jurisdiction over the flotilla attack. I think it's clear that it does...
I have now had the opportunity to read both Judge van den Wyngaert's request to be excused from the Kenyatta case and the Presidency's decision to grant that request. There is no question that workload did indeed play a role in the Judge's decision to withdraw. But it also seems clear that there was at least one other reason, as...
For the procrastinators among us, here's another friendly reminder about our New Voices Symposium coming up in July and August. As a recap, this July, we are planning to launch a new feature called New Voices: a two-month online symposium to run alongside our regular posts. Our goal is to give students, new practitioners and emerging scholars a chance to profile...
Two years ago, I wrote a long post analyzing the most serious charge in Bradley Manning's court martial -- aiding the enemy, a violation of Art. 104 of the Uniform Code of Military Justice (UCMJ) and 10 USC 904. I claimed in the post that someone like Bill Keller, the Executive Editor of the New York Times during the WikiLeaks era,...
In the wake of Obama's memorable statement, a number of bloggers have questioned whether the Boston bombings deserve to be labeled "terrorism." Most of those bloggers -- such as the excellent Ali Abuminah here -- emphasize that many US definitions of terrorism require the violent act in question to be politically or ideologically motivated, which is still an open question with regard...
