Organizations

As I have discussed before, in March 2018 the Presidency curiously dissolved the Pre-Trial Chamber (PTC III) that had been dealing with the Afghanistan situation for six months and assigned that situation to a new PTC. Judge Mindua remained part of the new PTC (PTC II), while Judges Chung and Pangalangan were replaced by two newly-elected judges, Akane and Aitala....

As expected, the OTP has asked the Pre-Trial Chamber (PTC) to grant leave to appeal its refusal to authorise the Afghanistan investigation. I'm in Kiev and don't have as much time to write as I'd like, so I just want to offer a few quick thoughts on the OTP's motion, which seeks appeal on three interrelated issues. First, I think it's...

This summer we will host our fifth Emerging Voices symposium, where we invite doctoral students, early-career academics and practicing lawyers to tell Opinio Juris readers about a research project or other international law topic of interest. If you are a doctoral student or in the early stages of your career (e.g., post-docs, junior academics or early-career practitioners within the first five...

I had the pleasure on Wednesday of attending Keith Raynor's talk "International Criminal Justice: Where Does It Go from Here?" at Lincoln's Inn in London. I had never been to an Inn of Court before, and it was great fun. I still can't get over not being allowed to go the bathroom during dinner, and -- as someone who...

[William Boothby is an Adjunct Professor of Law at La Trobe University, Melbourne. This post is part of our New Technologies and the Law in War and Peace Symposium.] In New Technologies and the Law in War and Peace we recognise the existence of a linkage between the military and consumer uses of a number of pivotal emerging technologies and consider how the...

[This post is part of our New Technologies and the Law in War and Peace Symposium.] Technology advances through synergy. Breakthroughs in one area of technology spurs developments in others. Advances in materials science led to the miniaturization of electronic components. Miniaturization led to a revolution in the architecture of computers. From ENIAC to iPhones. The computer revolution led to a revolution in, well, just about...

[Dr. Cassandra Steer is a space security and space law consultant, with 14 years academic experience in international law. This post is part of our New Technologies and the Law in War and Peace Symposium.] Whereas some readers might find Boothby’s volume “New Technologies and the Law in War and Peace” a little light on answering specific legal questions in the application of new military technologies,...

[Markus Wagner is Associate Professor of Law at the University of Wollongong. This post is part of our New Technologies and the Law in War and Peace Symposium.] The question of how law relates to technological innovation is far from new. For the most part, law has played catchup to technological developments – both in the civilian and military realm. While digital technologies are not exactly...

On 17 May 2017, Judge Marc Perrin de Brichambaut gave a talk at Peking Law School about the role of victims at the ICC. The talk, which was recorded and then transcribed, included a number of shocking comments, such as describing "the Africans" as "a group of 54 countries who provide the suspects and the accused" to the Court. Judge...

The Amazon is a 7,000,000 km2 ecosystem, containing the world’s largest rainforest, boasting some 390 billion trees, 2.5 million species of insects and over 2,000 species of birds and mammals, spanning the territories of eight states (Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname, and Venezuela). It is also the name of a company worth 810 billion dollars. Back in 2012, Amazon – the company – applied to register...

I have been thinking more about how the OTP can appeal the Pre-Trial Chamber's refusal to authorize the Afghanistan investigation. I was perhaps a bit too dour in my assessment of whether the Appeals Chamber is likely to get the chance to reverse a decision that I consider fundamentally flawed. The most obvious option would be to seek leave to appeal the...

In my previous post, I defended the right of the Pre-Trial Chamber (PTC) to review  the OTP's assessment of whether there were, to quote Art. 53(1)(c) of the Rome Statute, "substantial reasons to believe that an investigation would not serve the interests of justice." In this post, I want to explain why I think the PTC got that review completely,...