In association with the International Commission of Jurists

Organizations

18 Jul

One of the most interesting aspects of the ICJ's recent order in Avena pertains to the Court's finding of jurisdiction under Article 60 of the Statute.  Mexico filed the case as a request for interpretation about the meaning of the Avena judgment because the United States withdrew from the Optional Protocol.  Thus, the only way for the ICJ to have jurisdiction is to find a dispute...

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18 Jul

I noted a few days ago that the Security Council is unlikely to pass a resolution deferring the Prosecutor's investigation of Bashir, given the number of non-permanent and permanent members of the Council who are supporters of the ICC.  I think that position is even more sound in light of the European Union's promise today -- on the 10th anniversary...

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14 Jul

I have been going back-and-forth with myself about the wisdom of indicting Bashir for genocide.  I continue to believe that the move is a risky one in the short term, given the likelihood that the Sudanese government will respond to the indictment with violence against the peacekeepers and the humanitarian workers in the country.   Nevertheless, I find the following defense...

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