Regular readers no doubt know that I am obsessed with the media's seemingly congenital inability to grasp the law and politics of the ICC. My new favorite comes via the BBC, in an article about the impending arrest warrant for Bashir: Two Sudanese groups have formally requested the International Criminal Court (ICC) not to issue an arrest for President Omar al-Bashir. He...
ICC silliness doesn't just affect the media. States and NGOs suffer the malady, as well. Case in point: the recent, repeated calls for the ICC to prosecute Israel for war crimes allegedly committed in Gaza. First up, Bolivia: "The Andean state says it is intended to make regional allies take a unified stance against "the Israeli political and military leaders responsible...
The Supreme Court heard oral argument on Monday in the terrorism victim asset attachment case of Iran v. Elahi. (Transcript here). The case is extraordinarily complicated but it boils down to a question of statutory construction. Elahi was one of a handful of terrorism victims who received payment from the United States government under the 2000 Victims...
I have not been following the work of the Cambodia special chambers, which is probably why I found these views by James Bair (blogger, loyal OJ reader and soon-to-be JD from Northeastern Law School) all the more informative and interesting. Bair is a former legal intern at the Extraordinary Chambers in the Courts of Cambodia (ECCC) and has followed the...
According to the Guardian, the ICJ may soon have a chance to opine on the numerous legal issues arising out of the current Israel-Hamas conflict in Gaza. The UN general assembly, which is meeting this week to discuss the issue, will consider requesting an advisory opinion from the international court of justice, the Guardian has learned. "There is a well-grounded view...
So this video is obviously intended to defend the actions of the Israeli Defense Forces during their action in Gaza. But it is fascinating in terms of its footage of precise IDF bombings, and its provision by provision discussion of certain relevant provisions of the Geneva Conventions. Obviously, it is a piece of advocacy, but it is effective. Anyone have a...
[Susan Benesch is a Fellow at the Center for Applied Legal Studies at Georgetown Law Center and a former guest blogger here at Opinio Juris.] Simon Bikindi, the Rwandan pop star whose two-year trial at the ICTR was apparently the first attempt to criminalize music in international law, was just convicted of incitement to genocide but not, after all, for his...
My favorite Darfur blogger, Michelle at Stop Genocide, has asked me to post the following plea. I am, of course, happy to oblige. If you want to vote, vote soon -- the deadline is January 15 at 5 pm EST. And please pass Michelle's request on to anyone else you think might be interested. I am writing today to seek your...
Look closely at this photo of a parachute containing ransom money landing on a hijacked vessel in Somalia. Taken by the U.S. Navy, the photo, and this unusually insightful Time piece, details what I sort of predicted a couple of weeks ago. The ballyhooed international effort, sanctioned by the UN Security Council, to suppress Somali pirates is going nowhere, mostly...
Amos Guiora has an essay up on Jurist concerning the Israeli military operations in Gaza. He writes: The IDF launched Cast Lead after two significant developments: Hamas had fired 6,000 missiles from the Gaza Strip into southern Israel during the past three years after Israel had unilaterally disengaged from the Gaza Strip and Hamas had unilaterally violated an Egyptian negotiated cease-fire. This...
You can follow the earlier blog posts for my views on closing Guantanamo and the evolution of policy around it ...
Those who defend Israel's use of armed force -- in Gaza and elsewhere -- often complain that critics reflexively assume the worst about Israel's intentions. There is more than a grain of truth to that, but Israel doesn't help itself with its inability to admit that faulty intelligence sometimes leads it to make mistakes. Case in point: the attack on...
