There has been much consternation and hand-wringing about the Kenyan parliament's decision to table a motion to withdraw from the ICC. I understand the fear; Kenya's withdrawal would obviously be a sign that Kenyatta and Ruto no longer intend to cooperate with the Court. Withdrawal could also encourage other African states to leave the ICC, which they have not seemed...
The legality under international law seemed to play an important role in the U.K. Parliament's deliberations over whether or not to support a strike on Syria. The UK government issued an (admittedly bare bones) legal opinion which advanced a version of humanitarian intervention. So now that the U.S. Congress has taken up the same question, how important is the U.N....
Bill Schabas makes a great point regarding whether the Rome Statute should be interpreted to directly criminalize chemical weapons as part of its direct criminalization of poisoned weapons: I know that some colleagues are debating this elsewhere in the blogsphere. The argument seems to be that a broad construction of the notion of poison or poisonous weapons, whose use is criminalised...
I hate when interesting things happen while I'm sleeping. As I predicted, and as Marko Milanovic and Dov Jacobs have already well discussed, Judge Harhoff has been disqualified from the Seselj case as a result of the "private letter" he sent to 56 of his friends and acquaintances. Here is the key paragraph from the majority decision: 13. By referring to...
[Travel and other expenses related to my participation in the "100 Years Peace Palace" program provided by the Government of the Netherlands and Radio Netherlands Worldwide.] Finishing up my week of meetings and interviews related to international legal institutions at the Peace Palace and the Hague more generally, I will be meeting tomorrow with President Sang-Hyun Song of the International Criminal...
I've been distracted the last few days by all this Syria stuff (and a nasty case of poison ivy), so I neglected to keep up with the latest on that Philippines-China UNCLOS arbitration now seated at the Permanent Court of Arbitration at The Hague. Luckily, Luke Petersen of Investment Arbitration Reporter is on the case and has this great post...
An interesting discussion recently broke out on twitter about whether the Security Council could refer the Syrian government's use of chemical weapons -- and only the Syrian government's use of chemical weapons -- to the ICC. Instead of breaking my thoughts into 60 tweets or so, I thought I'd be old-fashioned and write a blog post instead. The issue raises a...
[Travel and other expenses related to my participation in the "100 Years Peace Palace" program provided by the Government of the Netherlands and Radio Netherlands Worldwide.] It is a bit surreal to be attending programs commemorating 100 years of the Peace Palace on a day when the news is filled with the possibility of US military intervention in Syria. Kevin and Julian have...
Yes, the title is intended to be provocative. And yes, I think chemical weapons are indeed terrible. But statements like this -- offered by John Kerry in thinly-veiled support for using military force against the Syrian government -- still give me pause (emphasis mine): What we saw in Syria last week should shock the conscience of the world. It defies any...
[Travel and other expenses related to my participation in the "100 Years Peace Palace" program provided by the Government of the Netherlands and Radio Netherlands Worldwide] August 28th will mark the 100th anniversary of the opening of the Peace Palace at The Hague. In commemoration of this, the Government of the Netherlands and Radio Netherlands Worldwide have brought a group of...
It looks like the tragic events surrounding a likely chemical weapons attack in Syria will spark a military intervention by the United States, France, and Britain without the authorization of the U.N. Security Council. We have already heard President Obama publicly state that international law is a factor in the decisionmaking process in the U.S. and the NYT suggests U.S....
As regular readers may recall, I am skeptical that the use of chemical weapons, by itself, can justify the use of military force under current international law absent authorization from the U.N. Security Council. Of course, I wouldn't oppose the use of military force by the U.S. to stop the use of chemical weapons in Syria, I just doubt its...
