It's an excellent post, well worth reading in its entirety. I just want to flag two particularly important points. The first concerns whether, in light of Šainović, Perišić can really be considered fundamentally flawed. Schabas compellingly argues no: But the Prosecutor is not claiming that any ‘new fact’ has been discovered. Rather, the Prosecutor is arguing that the law has changed as...
As Jeffrey Bader of Brookings notes, the U.S. government has, for the first time, publicly rejected the legality of China's "Nine Dash Line" claim in the South China Sea (for a little background on the unusual Nine Dash Line, see an earlier post here). This is a semi-big deal as it shows how the US is going to use international...
President Obama has issued the following memorandum concerning US participation in the UN's Mali stabilisation mission: By the authority vested in me as President by the Constitution and the laws of the United States of America, and consistent with section 2005 of the American Servicemembers' Protection Act of 2002 (22 U.S.C. 7424), concerning the participation of members of the Armed Forces...
All Things Considered ran an interview this past Monday with Alex Fowler, the chief privacy officer of Mozilla (developer of the Firefox web browser), stemming from a blog post Fowler had written critiquing President Obama’s speech last week concerning NSA activities. When asked about the “most glaring reform needs” that were not addressed in the President’s speech, Fowler said: right now,...
Jess Bravin has an interesting report out in Thursday's WSJ (subscrip. req'd) detailing U.S., UK, and EU support (and funding) for a team of investigators to gather evidence of war crimes by Syrian government and military officials. For nearly two years, dozens of investigators funded by the U.S. and its allies have been infiltrating Syria to collect evidence of suspected war crimes, sometimes...
[Farshad Ghodoosi is a JSD candidate at Yale Law School.] In continuation of the discussion about the New Iranian Deal started by Duncan Hollis, I decided to take a stab at clarifying the Iranian side of the story. The new deal, the so-called Geneva Agreement (24 Nov. 2013) and the ensuing implementation agreement (that took effect on Jan 20th, 2014), between...
The decision was given orally, and no written decision is available yet. But here is what The Standard's online platform is reporting: The International Criminal Court has conditionally excused Deputy President William Ruto from continuos presence at trial but with some conditions. The judges outlined nine conditions during the Wednesday ruling. ICC Presiding Judge Eboe-Osuji in the oral ruling said: “The Chamber hereby...
A subcommittee of the U.S. House of Representatives' Foreign Affairs Committee held a much-needed hearing to educate themselves on China's recent activity in the East and South China Seas. Professor Peter Dutton of the Naval War College, along with two other experts on Asian affairs, gave interesting and useful testimony on the nature of China's maritime disputes with Japan, the...
Well, it's not exactly a secret treaty in the sense that yesterday, the news wires were abuzz about the fact that the United States, Iran and five other world powers concluded an agreement to implement Iran's earlier November deal on its nuclear program. But, what's being held back is the actual text of the deal. There's not many details (the...
It looks like the U.S. and India have worked out a sort-of deal to end the battle over visa-fraud charges brought against India's deputy consul-general in New York Devyani Khobragade. Yesterday, a U.S. grand jury indicted Khobragade on the visa-fraud charges, and shortly thereafter, Khobragade was allowed to leave the U.S. for India. India is now retaliating by demanding the U.S. withdraw...
Gidon Shaviv called it. The Muslim Brotherhood does indeed believe that it can accept the ICC's jurisdiction on an ad hoc basis because it is still the legitimate government of Egypt: Just how successful the ICC action will be is unclear. Egypt is one of the few countries that have not accepted the ICC’s jurisdiction. However, Mr. Dixon and other members of the legal team said the...
There’s never a boring year in international law and 2013 turned out to be particularly eventful: Syria, major cases in front of national and international courts, a possible nuclear deal with Iran, and turmoil in Eastern Europe, Egypt, and South Sudan, to name but a few reasons. This post is not an attempt to log all that we have written about...
