Where Gaddafi should be tried -- if and when he is captured -- has become quite the hot-button issue recently. Personally, I'm with David Kaye: he should be tried by the ICC, but the trial should be held in Libya. I'm also not opposed to Libya asserting its right under the ICC's complementarity regime to try Gaddafi domestically, although I'm...
The Globe & Mail has a blockbuster report today concerning China's willingness to supply weapons to Gaddafi's regime during the rebellion: China offered huge stockpiles of weapons to Colonel Moammar Gadhafi during the final months of his regime, according to papers that describe secret talks about shipments via Algeria and South Africa. Documents obtained by The Globe and Mail...
In her typically graceful and accessible style, Prof. Anne-Marie Slaughter has a series of posts at The Atlantic defending a redefinition of state sovereignty under international law (especially in the wake of Libya). A taste of her thoughts can be seen in this graph. So it is international law itself -- or rather the governments that bring it into being --...
David Kaye has an interesting compromise proposal on what to do with Qaddafi. Some argue that the new Libyan government would be legally bound to transfer Colonel Qaddafi and his associates to The Hague. Others argue that the I.C.C. must defer to Libyan authorities if they are willing and able to try Colonel Qaddafi fairly in their own courts. A better...
The legality of NATO's action in Libya seems to me fairly straightforward. I understand that there are some quibbles about whether NATO exceeded its mandate under the UN Security Council Resolutions. But I don't think there is a very strong case, as a question of jus ad bellum. Then again, the hard left (in the form of Dennis Kucinich) and,...
Three stories to mention. First, Moreno-Ocampo plans to introduce WikiLeaks cables in the trial of the six Kenyan defendants: This emerged as he prepares to hand over the last batch of the evidence he will rely on in the September hearing against three of Kenya’s six post-election violence suspects. The evidence to be released on Wednesday relates to the...
The U.S. government has recently announced it will recognize the Benghazi authority as the "legitimate" government of Libya. But is it departing from international practice or the international law relating to statehood and recognition in order to do so? I have to admit I haven't followed the recognition of state vs. the recognition of government issue very closely (OK, not at...
As part of his ongoing war against the New York Times, Ben Wittes has a post today entitled "Seven Errors in Today's New York Times Editorial." I occasionally agree with Wittes' criticism of the NYT; the paper sometimes misstates the law when it criticizes the Obama administration. But there is nothing erroneous about today's editorial, and Wittes can only claim...
The following is a guest-post by Mark Kersten. Mark is a PhD candidate in International Relations at the London School of Economics and author of the (excellent) blog Justice in Conflict. His research examines the nexus of conflict resolution and the pursuit of international criminal justice. Trying to Get to the Bottom of the “Peace versus Justice” Debate...
Mark Kersten has a useful post today at his excellent Justice in Conflict blog about what will happen once the OTP announces the results of its investigation of the Libya situation. Check it out!...
That question is raised by the ICC's investigation of the post-election violence in Kenya, which included a number of forcible circumcisions of Luo men. According to IRIN Africa, although the OPT originally alleged that the forcible circumcision qualified as the crime against humanity "other form of sexual violence" under Article 7(1)(g) of the Rome Statute, the Pre-Trial Chamber reclassified the...
According to the Prosecutor, he needs 421 days to review 12,900 pages of documents that the Pre-Trial Chamber recently ordered him to disclose to the Ocampo Six so they can prepare for their confirmation hearings: International Criminal Court prosecutor Luis Moreno-Ocampo has told the court he needs 421 days to review the evidence to comply with orders given last...
