Organizations

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...

The win in question concerns the privileged documents the Libyan government seized from Melinda Taylor and her OPCD colleagues while they were meeting with Saif Gaddafi in Libya. In late January, the OPCD asked the Pre-Trial Chamber to order Libya to return the documents and destroy any copies it had made of them. Here is what it argued, as summarized...

As part of my new research interest in China and its relationship with the international legal system, I opened a Sina Weibo account a couple of weeks ago. And it has been quite an adventure. Weibo is China's version of Twitter and Facebook.  Since both Twitter and Facebook are blocked within China, Weibo is the main social media platform for users...

I have just posted on SSRN my latest article published in the Ohio State Law Journal. Through the lens of the broken windows theory of community policing, the Article examines the connection between corruption and other social goods in society, as well as the relationship between U.S. enforcement efforts and those of other OECD countries. It is incredible how much empirical...

Some leading Chinese scholars and prominent Chinese activists have been circulating a letter on Chinese social media calling for the National People's Congress (China's legislature) to ratify the International Covenant on Civil and Political Rights (ICCPR).   Here is an excerpt from the letter, which is carefully worded not to challenge the authority or the accomplishments of the current government. 2....

If you’re interested, I’ll be on C-SPAN Book TV tomorrow, Sunday, February 24, at 1:20 pm, talking about my book, Living With the UN: American Responsibilities and International Order. It runs about half an hour, and though I have no idea whether I’m especially interesting on the program, I very much enjoyed doing it – I thought the interviewer was...

That may seem like a ridiculous question. After all, Libya is doing everything in its power to prosecute Saif domestically -- and he is facing a variety of charges that carry the death penalty. But consider the text of Art. 17(2), the "unwillingness" prong of the the admissibility test: In order to determine unwillingness in a particular case, the Court shall...

As I have explained before, Libya's admissibility challenge must fail if it cannot ensure that the militia in Zintan who have Saif custody will transfer him to the government to stand trial, because Art. 17(3) of the Rome Statute deems a state "unable" to prosecute if, "due to a total or substantial collapse or unavailability of its national judicial system, the...

Kristen asks in her post below whether anyone has a view on whether the UN’s assertion that the cholera epidemic claims in Haiti constitute a public law claim, and hence not within the purview of Section 29 of the UN Convention on Privileges and Immunities is supported by  law or past practice?  I don't have a view, or any genuinely legal materials to raise, but curiously I encountered the issue in passing, in practice as general counsel for an NGO during the Bosnian war in the 1990s.  Circumstances were unique, and for various reasons my client organization decided not to pursue it as a matter of research or dispute, but Section 29 specifically came up as a comment from UN officials I was negotiating with at the time. At the time of the Dayton Accords, the agreement and all the parties - not just signers of the Accords but states, the UN, various other international bodies - agreed there needed to be a TV and radio network reestablished across Bosnia that would broadcast in all languages, provide neutral news reporting, etc., in the run-up to the elections.  But broadcast towers and all that had been destroyed, so the physical infrastructure needed to be put in place very quickly.  The states involved, and some organs of the UN - I'm sure I'm not remembering the details correctly - agreed in principle to fund this, but expressed concern that they could not get the funds flowing quickly enough to meet the deadlines.  So my organization was invited to consider whether it would front the funds, pay for the work, hire the consultants and contractors, and see that the work was completed in time.