As regular readers of this blog might have noticed, I have become more and more interested China and its engagement with international law issues. Last year, I proposed to the ASIL Planning Committee that we put together a panel of leading U.S. China law scholars. But the ASIL organizers pushed back and put together a much more diverse group than...
Since I was unable to attend their book launch at Georgetown yesterday, the least I can do is put in a hearty plug for a new casebook written by a number of superb IHL scholars: Geoff Corn, Victor Hansen, Chris Jenks, Richard Jackson, Eric Jensen, and James Schoettler. It's entitled The Law of Armed Conflict: An Operational Approach, and it...
Omar al-Bashir, the President of Sudan, visited Chad earlier this year. The Chadian government made no attempt to arrest him, despite the fact that -- as a member of the ICC -- both SC Res. 1593 (the Darfur referral) and the Rome Statute obligated it to cooperate with the Court's arrest warrant. Human rights groups criticized Chad's unwillingness to arrest...
The U.N. General Assembly has voted in favor of the Arms Trade Treaty, which would do what exactly? Its proponents say it will create an international mechanism to regulate the international sale of arms and other weapons. Its critics say it will infringe on the individual rights of citizens and nations to buy and possess weapons by requiring member states...
I was struck by this line from an editorial in an Australian paper about the latest clashes between Sea Shepherd (e.g. the Ninth Circuit's "pirates") and Japanese whalers: [T]hat the International Court of Justice is expected to hear Australia's case to shut down the Antarctic hunt later this year. Three years after the case began, this hearing can't come soon enough. I agree....
Just in case there was any doubt, the Philippines-China arbitration over the South China Sea will go forward. International Tribunal of the Law of the Sea President Shunji Yanai has appointed a second arbitrator. The [Philippines] Department of Foreign Affairs (DFA) confirmed on Monday that the Itlos president, Judge Shunji Yanai, appointed Polish Itlos Judge Stanislaw Pawlak to the panel last...
It's always exciting when the media pays attention to expert reports on international law. Unfortunately, the media all too often gets international law wrong -- and recent reporting on the Tallinn Manual on International Law Applicable to Cyber Warfare is no exception. There has been a spate of articles in the past couple of days that breathlessly claim the Tallinn Manual...
Ben Emmerson, counsel for al-Senussi, has asked the Pre-Trial Chamber to refer Libya to the Security Council for ignoring its February 6 decision ordering Libya to transfer al-Senussi to the Court. Here are the key paragraphs: 3. It has been almost six weeks since the Chamber‟s Order of 6 February, and Libya has failed to comply with every one of these...
I got my first taste of international law some 25 years ago when I joined my high school's model UN team. So, what does it says that today's high school students have model cyberwar teams? The link's a bit short on details, but, I wonder whether they have a student playing the lawyer on each team? I'd imagine any cyberwar scenario must...
A couple of weeks ago, I noted that the Pre-Trial Chamber had ordered Libya to return the documents it wrongfully seized from Melinda Taylor during her privileged meeting with Saif Gaddafi. I also predicted that Libya would try to avoid complying with the order by filing various motions challenging the Pre-Trial Chamber’s decision. Guess what? Libya has filed two motions in response,...
This according to a bizarre -- and bizarrely inaccurate -- article in the Jerusalem Post. How many errors can you find? An Israeli law firm on Thursday formally announced its request to the prosecutor of the International Criminal Court, Fatou Bensada, to open a criminal investigation into violations by Palestinian Authority President Mahmoud Abbas and nine members of Hamas for war...
Ken noted last week that Lawfare has been hosting an ongoing debate over Ryan Goodman's fascinating new article "The Power to Kill or Capture Enemy Combatants," which is forthcoming in the European Journal of International Law. I contributed a long post criticizing Goodman's claim that Art. 35(2) of the First Additional Protocol -- which provides that "[i]t is prohibited to employ...
