So, it's official: the ICTY Trial Chamber has decided to let Judge Niang replace Judge Harhoff on the Seselj case: The Trial Chamber on Friday issued a decision on the continuation of the proceedings in the case of Vojislav Šešelj, following the disqualification of Judge Frederik Harhoff and appointment of Judge Mandiaye Niang to the Bench. The Chamber unanimously ordered that the...
In my previous post, I questioned Ryan's claim that Amnesty International's totals concerning the number of states exercising universal jurisdiction over at least one international crime "may be significantly inflated." I pointed out that, contrary to what he was asserting, the report did not count a state simply because it it had incorporated the Rome Statute into its domestic legislation; on...
Not long ago, Amnesty International released an updated version of its massive study "Universal Jursidiction: A Preliminary Survey of Legislation Around the World." The report concluded, inter alia, that 86% of the world's states exercise universal jurisdiction over at least one kind of international crime. (Most commonly, war crimes.) In a post today at Just Security, my friend and regular sparring...
I've been so distracted with my own projects and with China's ADIZ that I forgot to note that Russia has been in violation of its obligations under UNCLOS since at least December 2. But that's OK, it seems that everyone else has forgotten this fact as well. December 2 was the date set by the International Tribunal for the Law of...
The two-part series I mentioned in my previous post seems designed to rehabilitate Judge Harhoff's image in the international-law community. Unfortunately, the articles, which draw heavily on an interview with the judge himself, simply underscore why it was necessary for the ICTY to remove him from the Seselj case. To begin with, consider what the judge says in the second...
I get that many people don't like the specific-direction requirement. I understand the anger that the Perisic, Stanisic, and Simatovic acquittals have generated. I've even explained why, though I think the Appeals Chamber was correct to reinvigorate the specific-direction requirement in Perisic, I would have preferred a different doctrinal mechanism. But I am really, really tired of people -- journalists, human-rights activists,...
The Office of the Prosecutor (OTP) at the ICC just released its 2013 Report on Preliminary Examination Activities. There is much to chew over in the report, but what is most striking is the OTP's slow-walking of its preliminary examination into crimes committed in Afghanistan. The OTP divides preliminary examinations into four phases: (1) initial assessment, which filters out requests for...
The Assembly of States Parties (ASP) has adopted three new rules of procedure -- RPE 134 bis, ter, and quater -- designed to minimize the obligation of accused to be physically present at trial. The OTP will almost certainly challenge the new rules. So will any of them survive judicial review? Rule 134bis Rule 134bis concerns video technology: 1. An accused subject to a summons...
Two of the four men arrested on suspicion of witness tampering and manufacturing evidence in the Bemba case appeared before the Court today, along with Bemba himself. Not surprisingly, defence counsel for the defence counsel focused on the various ways in which the arrests will prejudice Bemba's case: Meanwhile, defense lawyers for the accused stated that the new charges had harmed...
It looks like Russia is not going to comply with last week's ITLOS ruling, ordering it to release the Arctic Sunrise and its passengers upon payment of a bond. Russia is not going to comply with the International Tribunal for the Law of the Sea's Friday ruling regarding the Arctic Sunrise vessel operated by Greenpeace, Russian presidential chief of staff Sergei Ivanov...
[Craig H. Allen is the Judson Falknor Professor of Law at the University of Washington in Seattle.] The International Tribunal for the Law of the Sea (ITLOS) dealt a blow to the Russian Federation on November 22nd, when it ordered Moscow to release the Arctic Sunrise and the remainder of the Greenpeace protestors who were on the vessel when Russia seized it...
A flurry of news today over the announcement that Iran has cut a deal with six major world powers -- the Permanent 5 members of the UN Security Council -- the US, Russia, China, France and the UK -- plus Germany. The text of the 'Joint Plan of Action' is also widely available (see here or here). My first reaction on...
