Eugene has graciously responded to my earlier post; you can find his new post here. It's well worth a read. I just want to offer a few thoughts on Eugene's response, because I think it fails to address the core of my critique: that it is incorrect to claim, as Eugene did in his first post, that Europe's opposition to the...
I'm currently in Belgium, teaching an intensive course on international criminal law at Katholieke University Leuven. So I was struck by Eugene Kontorovich's most recent post at the Volokh Conspiracy, in which he uses a new Belgian law permitting euthanasia for minors to criticize the Supreme Court's abolition of the juvenile death penalty in Roper v. Simmons. Here is the crux of...
Fresh from its victory in Sainovic, the ICTY Office of the Prosecutor (OTP) has now asked the Appeals Chamber to reconsider its final judgment in Perisic on the ground that it would be unjust to permit Perisic to remain acquitted. As the legal basis for such reconsideration 11 months after final judgment, the OTP cites...
This week we're hosting a symposium on both lead articles in the October 2013 edition of the American Journal of International Law. Today and tomorrow, Kofi Kufuor, Solomon Ebobrah and Horace Adjolohoun discuss "A New International Human Rights Court for West Africa: The ECOWAS Community Court of Justice" by Karen Alter, Larry Helfer and Jacqueline McAllister: The Court of Justice for the Economic Community...
Last March, I took the world media (and Alan Dershowitz) to task for some pretty poor reporting on the extradition issues raised in the Amanda Knox case. Based on the reporting from yesterday's conviction (again) of Amanda Knox in an Italian appeals court in Florence, I'm glad to report that the news coverage of the extradition issue (as well as...
Following up on my earlier posts on the normative aspects of the struggle concerning Ukraine and other former Soviet countries (1, 2, 3) in the run-up to, and the aftermath of, the EU's November summit in Vilnius, where Ukraine had been expected to sign an Association Agreement with the EU. However, the Yanukovich regime backed out at the last minute....
All Things Considered ran an interview this past Monday with Alex Fowler, the chief privacy officer of Mozilla (developer of the Firefox web browser), stemming from a blog post Fowler had written critiquing President Obama’s speech last week concerning NSA activities. When asked about the “most glaring reform needs” that were not addressed in the President’s speech, Fowler said: right now,...
The American Journal of International Law has posted electronic excerpts from its "Agora: Reflections on Kiobel", which will be published in its next issue. As a contributor to the AJIL Agora myself, I was fascinated to see the different takes that everyone had on the decision. For the most part, contributors seem to read Kiobel the same way: as sharply cutting...
Manuel Ventura, the director of the Peace and Justice Initiative, has published two excellent posts at Spreading the Jam (here and here) that criticize the specific-direction requirement -- and my defence of it. I cannot possibly address all of the points that Manuel makes, but I do want to respond to his understanding of the role that customary international law plays at the ICTY...
There’s never a boring year in international law and 2013 turned out to be particularly eventful: Syria, major cases in front of national and international courts, a possible nuclear deal with Iran, and turmoil in Eastern Europe, Egypt, and South Sudan, to name but a few reasons. This post is not an attempt to log all that we have written about...
At long last, Amnesty has weighed in on the debate between me and Ryan about its methodology for determining whether a state exercises universal jurisdiction over at least one international crime. As I expected, and contrary to Ryan's claim, Amnesty does not consider it sufficient for a state to have incorporated the Rome Statute into its domestic legislation. On the...
PRESS RELEASE (Exclusively for the use of the media. Not an official document) The Hague, 25 December 2013 MS/PR1593e Acquitted defendants to be immediately apprehended and executed The Trial Chamber on Saturday issued a decision on the status of the freedom of individuals acquitted by the Tribunal. The Chamber unanimously ordered all such individuals immediately apprehended and executed. The Chamber's order is made pursuant to Rule...
