From AllAfrica.com: Today, International Criminal Court (ICC) judges in The Hague delivered the Court's first verdict—a finding of guilt against former Congolese warlord Thomas Lubanga. Prosecutors accused Lubanga of the war crimes of conscripting, enlisting, and using children under the age of 15 years for combat purposes while he served as political head of the Union of Congolese...
In a previous post, I noted that Peter Berkowitz defended the legality of a U.S. or Israeli attack on Iran's non-existent nuclear weapons program by invoking U.S. practice -- and only U.S. practice. He now has offered another defense of such an attack in response to an editorial by Bruce Ackerman in the L.A Times. Unfortunately, Berkowitz's second article is...
Scott Peterson has a fantastic timeline at the Christian Science Monitor that catalogs all the times Western countries have predicted Iran's imminent entry into the nuclear club. Some highlights: 1984: Soon after West German engineers visit the unfinished Bushehr nuclear reactor, Jane's Defence Weekly quotes West German intelligence sources saying that Iran's production of a bomb "is entering its...
I am teaching IHL in Jericho this week, so I don't have as much time as I'd like to weigh in on the increasingly surreal debate over whether the right of self-defense in Article 51 of the UN Charter permits the U.S. or Israel to attack a country that does not have nuclear weapons, could not build a nuclear weapon...
I expect the legal issues arising out of a possible attack on Iran's nuclear facilities are going to get hotter in the coming weeks. Peter Berkowitz of the Hoover Institution offers this argument in favor of the legality of Israel's attack drawing from the doctrine of "preemptive" self defense (h/t Jack Goldsmith at Lawfare). The charter of the United Nations affirms...
Like many readers, I never miss FP's online "Morning Brief," which provides links to numerous interesting international developments. It's an incredibly useful and erudite feature -- which is why I was so surprised to see the following headline this morning: A U.S. court dismissed charges against the president of Sri Lanka for war crimes. Um, no. The case did not involve war...
It is my pleasure to announce that the Journal of International Criminal Justice, the leading journal in the field, has just published a special issue on the crime of aggression to commemorate its 10th anniversary. The special issue, which is edited by Claus Kreß and Philippa Webb, contains a variety of fascinating articles on aggression from a number of leading...
It won't save his job, for reasons Julian mentioned a week or so ago, but it's still good news: Spain's top court acquitted renowned judge Baltasar Garzon on Monday of abuse of power by trying to investigate Franco-era atrocities, in a case that exposed deep wounds dating back to the civil war. Six members of the seven-strong Supreme Court...
The blog is run (so far, solely) by Sonia Cardenas, the Charles A. Dana Research Associate Professor of Political Science and Director of the Human Rights Program at Trinity College in Hartford, CT. Here is her description of the blog: This site explores universal jurisdiction, through the prism of politics and human rights. Universal jurisdiction is the revolutionary idea that...
Over at Lawfare last Friday, Bobby Chesney commented on a NY Times article reporting that military commission charges have been initiated against Ali Musa Daqduq. Chesney describes Daqduq as “a Hezbollah member involved in an attack on American forces in Iraq in which the attackers disguised themselves as American soldiers and Iraqi police and in which several captured American...
Readers interested in watching Ben Wittes desperately try to spin British condemnation of the U.S. approach to the war on terror need only check out his post today on Rahmatullah. As I discussed a couple of months ago, the British Court of Appeals held that Rahmatullah was entitled to be released from U.S. custody because the U.S. had rendered him...
My friend Dapo Akande takes me to task today at EJIL: Talk! for my position on drone strikes directed at combatants attending a funeral or helping the wounded. I will address his curious reluctance to address the text of the Rome Statute in Part II of my response; in this post, I want to address his arguments concerning IHL. Here...
