Where Gaddafi should be tried -- if and when he is captured -- has become quite the hot-button issue recently. Personally, I'm with David Kaye: he should be tried by the ICC, but the trial should be held in Libya. I'm also not opposed to Libya asserting its right under the ICC's complementarity regime to try Gaddafi domestically, although I'm...
Against my better judgment, I read the 11th Circuit's opinion in Mamani v. Berzain, the Bolivian ATS case. I say against my better judgment because reading American judges on international law is kind of like listening to Kevin Costner play Robin Hood -- you vaguely recognize the referent, but it is still painful to the ear. It's bad enough that...
The Globe & Mail has a blockbuster report today concerning China's willingness to supply weapons to Gaddafi's regime during the rebellion: China offered huge stockpiles of weapons to Colonel Moammar Gadhafi during the final months of his regime, according to papers that describe secret talks about shipments via Algeria and South Africa. Documents obtained by The Globe and Mail...
That's the most disturbing line from another invaluable WikiLeaks cable about Israel and the Palestinians. As the cable makes clear, Israel is willing to use force -- of the non-lethal variety, fortunately -- to disrupt even completely peaceful protest against its policies: US government officials have been well aware of Israel's harsh methods of dealing with peaceful protests in the occupied...
A February 2010 cable from the US embassy in Tel Aviv to the State Department concerning a discussion with the IDF's Military Advocate General about the Palestinian Authority's request for the ICC to investigate Operation Cast Lead contains the following remarkable paragraph (emphasis added): Summary: IDF Military Advocate General Mandelblit updated the Ambassador on February 17 on the progress of investigations...
"We deplore the decision of WikiLeaks to publish the unredacted state department cables, which may put sources at risk. Our previous dealings with WikiLeaks were on the clear basis that we would only publish cables which had been subjected to a thorough joint editing and clearance process. We will continue to defend our previous collaborative publishing endeavour. We cannot defend...
As Julian noted earlier today, the UN's Palmer Committee has released its report on the Mavi Marmara incident, concluding that Israel's actions regarding the ship were were excessive and unreasonable, but that the blockade of Gaza itself is legal. I have questioned the legality of the blockade before, leading two readers to claim that the Palmer Committee's report contradicts my...
So says Saif Gaddafi, who apparently has not been captured by the rebels after all: Muammar Gaddafi's once powerful son, Saif al-Islam, made a defiant appearance in Tripoli last night to disprove the revolutionaries' claim to have arrested him and to proclaim ultimate victory. Saif al-Islam, 39, arrived in an armoured vehicle waving two fingers in a victory sign...
Our friends at the Cornell International Law Journal have asked me to post the following call for papers. The conference looks great; I'm disappointed that it starts the last day of my summer teaching obligations. The Cornell International Law Journal is pleased to announce its 2012 symposium, Forces Without Borders: Non-State Actors in a Changing Middle East, February 17th–18th, 2012 at...
Apologies for the non-existent blogging of late -- a few weeks ago a car knocked me off my bike, breaking a small bone in my forearm and badly bruising my ribs. I didn't need surgery or even a cast, fortunately, but I haven't been able to type more than a short email until the past few days. This is probably...
I want to call readers attention to Dan Joyner's new book, Interpreting the Nuclear Non-Proliferation Treaty, just out from Oxford. I haven't had time to read it yet, but it looks fascinating -- and the cover is beautiful. Here is the summary: The 1968 Nuclear Non-proliferation Treaty has proven the most complicated and controversial of all arms control treaties, both in...
A while back, I wrote an article on how states use the rhetoric of international law (specifically self-determination) as part of their broader foreign policy initiatives. Li Hong, the Secretary-General of China's Arms Control and Disarmament Agency, has an op-ed in today's China Daily that embeds law-talk (in this case the international law of outer space and multilateralism more generally) in...
