In association with the International Commission of Jurists

Organizations

06 Jan

The (short and unassuming) essay is forthcoming in the Oxford Handbook of International Adjudication, which is being edited by Cesare Romano, Karen Alter, and Yuval Shany and should be published by OUP this year.  Here is the abstract: The role of the international prosecutor is uniquely challenging. Unlike domestic prosecutors, who normally have the material resources to prosecute all of the serious crimes...

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22 Dec

In the comments to my first post on the ICC and retroactive jurisdiction, Johnboy4546 suggested that the Palestinians might self-refer only the situation in the West Bank to the Court.  Such a referral would have two clear advantages for the Palestinians: (1) it would prevent the OTP from investigating Hamas's rocket attacks, which are almost always launched from Gaza, as well...

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13 Dec

I had an interesting -- and respectful -- disagreement with André de Hoogh last week concerning the right of non-states parties to retroactively accept the jurisdiction of the Court pursuant to Article 12(3) of the Rome Statute.  I argued in my post that Palestine could accept the Court's jurisdiction retroactive to whenever it became a state under international law.  Andre challenged...

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08 Dec

According to Enough!, the OTP is investigating the actions of M23 and "other parties" in the DRC: In the aftermath of the March 23 Movement, or M23, seizure of Goma, the International Criminal Court, or ICC,Chief Prosecutor Fatoua Bensouda announced that her office is investigating "allegations of ICC crimes by members and leaders of M23, and by other parties taking advantage of the chaos...

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07 Dec

In my essay on signature strikes, I criticize (and I'm not alone) the U.S. practice of considering military-age males in an area of known terrorist activity to be lawful targets.  That signature, however, pales in comparison to the possibility that the U.S. is targeting "children with potential hostile intent," as well: The US military is facing fresh questions over its targeting policy in Afghanistan after...

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01 Dec

A number of commentators have challenged my claim that Articles 11(2) and 12(3) of the Rome Statute would permit Palestine to accept the ICC's jurisdiction retroactively, whether as a member-state or on an ad hoc basis. Here, for example, is what my friend Jennifer Trahan wrote yesterday at IntLawGrrls: Even if an entity becomes a "state," should there be jurisdiction that...

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29 Nov

In the wake of today's long-overdue vote to upgrade Palestine to observer-state status, there seems to be persistent confusion concerning what would happen if Palestine ratified the Rome Statute. In particular, a number of commentators seem to think that it is unclear whether the ICC would have jurisdiction over crimes committed prior to Palestine's ratification. (See Colum Lynch at FP,...

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26 Nov

The United Nations General Assembly is set to decide Thursday whether to upgrade Palestine to "non-member state" status, on par with the Vatican. The resolution will almost certainly pass, given that more than 130 states have already recognized a Palestinian state. The interesting question is whether powerful Western states will vote in favor of the resolution. France...

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25 Nov

Okay, not Saif Gaddafi.  Saadi: Niger’s President Mahamadou Issofou has said his government is ready to hand Saadi Qaddafi over to the International Criminal Court should the body request it to do so. To date, the ICC has not issued a warrant for Saadi’s arrest, and will not request his extradition unless that position changes. On 7 November, however, the ICC’s Chief...

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23 Nov

I've written before about Judge Sow's attempt to make a statement in open court criticizing Charles Taylor's conviction.  Now Judge Sow has given a lengthy interview to the New African magazine concerning the trial, his attempt to make the statement, and his punishment afterward.  As Bill Schabas points out today, "[n]othing comparable has ever appeared in the history of international criminal justice."  Judge...

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21 Nov

Under India’s presidency, the UN Security Council debated the global phenomenon of maritime piracy on November 19.  The outcome was a presidential statement, not a resolution.  Although not binding, it highlights future trends in the Security Council's approach to piracy.   Unlike prior Security Council actions that have been region specific, Monday’s debate reflects the global dimensions of the issue...

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20 Nov

UK human rights lawyer Geoffrey Robertson has a confused, muddled, and revealing editorial in Bloomberg about how international law might help resolve the Iran nuclear crisis. While he describes the relevant law accurately, he fails to show how international law is doing much of anything to resolve the crisis.  Here is the relevant law, as he sees it: Israel has...

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