[John B. Bellinger III is a partner in the international and national security law practices at Arnold & Porter LLP in Washington, DC and an adjunct senior fellow in international and national security law at the Council on Foreign Relations. He served as The Legal Adviser for the Department of State from 2005–2009.] Julian invited me to respond to his post...
Former Bush State Department Legal Adviser John Bellinger has a complicated op-ed arguing that the U.S. should be prepared to intervene militarily in Syria, even if its intervention is not strictly legal. His argument is complicated because he rejects the idea that any intervention in Syria now, even with the agreement of the Syrian Opposition, would violate existing international law. The escalating...
Not in so many words, of course. But that's the upshot of the Libyan government's most recent statements. Saif recently appeared for the first time in a Libyan court; his trial, which was supposed to start this month, is now set for May 2013 because the Libyan government has still not provided him with counsel. Don't be fooled into thinking,...
Okay, I'm exaggerating. But only slightly. As Wells Bennett notes today at Lawfare, Judge Pohl has rejected al-Nashiri's contention that the US and al-Qaeda were not engaged in hostilities (an armed conflict in IHL terms) at the time of the acts alleged in his indictment -- primarily the attack on the USS Cole in 2000 -- thereby depriving the military commission...
[Eugene Kontorovich is Professor of Law at Northwestern Law. This post is cross-posted at The Volokh Conspiracy] In response to my post about Turkey's settlements, Kevin Jon Heller argues that from the perspective of International Criminal Court liability for "indirectly...
Eugene Kontorovich argues today at Volokh Conspiracy that Israel could minimize the likelihood of an ICC investigation into its transfer of Israeli civilians into the West Bank by emphasizing Turkey's similar transfer of Turkish civilians into Northern Cyprus, which it has been illegally occupying for more than four decades. Here are the key paragraphs: Cyprus was a state with clear borders...
In the comments to my first post on the ICC and retroactive jurisdiction, Johnboy4546 suggested that the Palestinians might self-refer only the situation in the West Bank to the Court. Such a referral would have two clear advantages for the Palestinians: (1) it would prevent the OTP from investigating Hamas's rocket attacks, which are almost always launched from Gaza, as well...
In my essay on signature strikes, I criticize (and I'm not alone) the U.S. practice of considering military-age males in an area of known terrorist activity to be lawful targets. That signature, however, pales in comparison to the possibility that the U.S. is targeting "children with potential hostile intent," as well: The US military is facing fresh questions over its targeting policy in Afghanistan after...
A number of commentators have challenged my claim that Articles 11(2) and 12(3) of the Rome Statute would permit Palestine to accept the ICC's jurisdiction retroactively, whether as a member-state or on an ad hoc basis. Here, for example, is what my friend Jennifer Trahan wrote yesterday at IntLawGrrls: Even if an entity becomes a "state," should there be jurisdiction that...
I've been meaning to discuss the AP's recent claim that an obviously fraudulent graph provided to it by an unnamed country (almost certainly Israel) proves that Iran is trying to build a nuclear weapon. As is often the case, however, Glenn Greenwald beat me to it. If the AP were capable of shame, it would immediately retract the...
In the wake of today's long-overdue vote to upgrade Palestine to observer-state status, there seems to be persistent confusion concerning what would happen if Palestine ratified the Rome Statute. In particular, a number of commentators seem to think that it is unclear whether the ICC would have jurisdiction over crimes committed prior to Palestine's ratification. (See Colum Lynch at FP,...
The United Nations General Assembly is set to decide Thursday whether to upgrade Palestine to "non-member state" status, on par with the Vatican. The resolution will almost certainly pass, given that more than 130 states have already recognized a Palestinian state. The interesting question is whether powerful Western states will vote in favor of the resolution. France...
