International Criminal Law

Add another African case to the ICC's docket. The International Criminal Court in The Hague, Netherlands, has given its prosecutor Luis Moreno Ocampo the green light to investigate the role of senior politicians in Kenya's post-election violence that killed 1,300 Kenyans in 2008. The decision allows Mr. Ocampo to take the next step, which would be passing down indictments against senior Kenyan politicians, some...

AP reports that a Dutch court of appeals has affirmed a lower court ruling that held the UN could not be sued for its failure to protect Bosnian civilians in Srebrenica: Appeals judges have ruled that relatives of victims of Europe's worst massacre since World War II cannot sue the United Nations for compensation in a Dutch court. Lawyers for...

David Bernstein links today to an article in The Times -- a right-wing British newspaper published by Rupert Murdoch -- attacking Human Rights Watch.  The article is breathlessly entitled "Nazi Scandal Engulfs Human Rights Watch," which I have to admit piqued my curiousity -- until I realized that the "Nazi scandal" concerned Marc Gelasco, a research analyst who resigned from...

Every time that I teach international criminal law, at least one student writes on whether you could prosecute the Burmese junta for crimes against humanity.  As a matter of substantive ICL, the answer is clearly yes.  The problem is jurisdictional -- who is going to prosecute them?  Apparently, the UK thinks it should be the ICC via a Security Council...

In case you haven't seen it, make sure to check out Jane Mayer's demolition of Marc Thiessen's book-length apologia for torture, "Courting Disaster."  As her review demonstrates, it's much easier to defend torture when you distort nearly everything. UPDATE: This, I think, is the money quote: The publication of “Courting Disaster” suggests that Obama’s avowed determination “to look forward, not...

Our friends at the German Yearbook have asked us to post the following call for papers, and we are happy to oblige: The German Yearbook of International Law is Germany’s oldest yearbook in the field of public international law. The GYIL is published annually by the Walther Schücking Institute for International Law at the University of Kiel and contains contributions on...

[caption id="attachment_11512" align="alignleft" width="120" caption=" "][/caption] [Michael J. Glennon is Professor of Law at The Fletcher School at Tufts University] The article addresses a question that is particularly important for the United States. The Obama Administration has begun to express a renewed interest in the International Criminal Court (ICC), after almost a decade of distance between the Court and the United States....

The wide-ranging book, which is edited by Carsten Stahn and Larissa van den Herik and published by Cambridge/TMC Asser, is well worth checking out.  Here is the table of contents: Part I. The Influence of Scholars and Practitioners on the Development and Conceptualization of International Criminal Law: 1. 'Satires of circumstance': some notes on war crimes trials and irony...