[Craig H. Allen is the Judson Falknor Professor of Law at the University of Washington School of Law in Seattle.] I would like to begin by thanking Opinio Juris for hosting this timely and important debate on the 1982 Law of the Sea Convention (LOSC) and Julian Ku in particular for inviting me to participate. My small contribution begins with two...
From the first class I ever took on international law, I've heard (mostly negative) references to the U.S. refusal to ratify the UN Convention on the Law of the Sea. I've heard again and again throughout my studies about how the U.S. was shirking its global responsibilities as well as how the U.S. was hurting its own national interests by...
Former U.S. Secretary of Defense Donald Rumsfeld has an op-ed in the WSJ announcing his opposition to US ratification of the UN Convention on the Law of the Sea. The op-ed is probably meant to soften the force of an earlier WSJ op-ed by former Republican Secretaries of State calling for US ratification. He is also testifying on Thursday at...
The Office of the Prosecutor has filed its response to Libya's challenge to the admissibility of the cases against Saif Gaddafi and Abdullah al-Senussi. There are a number of interesting aspects to the response. First, it says nothing about the case of al-Senussi. That's a curious omission, given that the response specifically points out with regard to Saif (para. 41)...
This past Monday, my Taming Globalization co-author John Yoo and I hosted a number of scholars at an American Enterprise Institute conference to discuss the impact of globalization on U.S. sovereignty. We were fortunate to have the participation of smart and interesting scholars like Tom Lee of Fordham Law, Tai-heng Cheng of New York Law School and Quinn Emanuel, our own Peter...
So reports The Guardian: Liberia's former president, Charles Taylor, has been sentenced to 50 years in jail for being "in a class of his own" when committing war crimes during the long-running civil war in neighbouring Sierra Leone. Judges at a UN-backed tribunal in The Hague said his leadership role and exploitation of the conflict to extract so-called "blood diamonds" meant he...
Readers will recall that I followed the progress of my book on the Nuremberg Military Tribunals on the blog, from proposal to finished project. I received a great deal of positive feedback on those posts, as well as some very useful feedback on the project itself. (Also a couple of complaints that I was just being narcissistic, but you can't...
So reports ABC News (and multiple other news outlets): The man who ran Libya's extensive spy network and was considered one of the closest confidants of ex-leader Moammar Gadhafi was indicted in Mauritania on Monday and transferred to a public jail, according to a justice official. Abdullah al-Senoussi, Libya's former head of intelligence, is wanted by the International Criminal Court, as well...
That's my basic reaction to the release of the full judgment in the Taylor trial, which checks in at an utterly absurd 2,499 pages. (The judgment is downloadable, assuming you have a very fancy computer, here.) 2,499 pages is clearly a new record for a judgment of an international tribunal, especially in a case with one defendant. By way of...
Earlier today, Russia called on the ICC to investigate possible war crimes committed by NATO forces during its bombing campaign in Libya: The International Criminal Court should look into all cases of NATO airstrikes in Libya that resulted in civilian deaths, the Russian Foreign Ministry said. "We welcome the decision of ICC Prosecutor Luis Moreno-Ocampo to consider alleged violations of international humanitarian...
As readers know, Dapo Akande, Jens Ohlin, and I have been having a friendly debate over whether Article 95 of the Rome Statute requires Libya to surrender Saif to the ICC pending the Pre-Trial Chamber's resolution of its admissibility challenge. (See here and here.) Two organs of the Court have now weighed in on the issue, with a rather ironic...
So reports Mark Kersten in a blockbuster post at Justice in Conflict. You have to read the whole thing; here is a taste: While haggling between the ICC and Libya’s National Transitional Council (NTC) over the fate of Saif al-Islam Gaddafi and Abdullah al-Senussi continues, Libya quietly, but controversially, passed a blanket amnesty for pro-Revolution rebels. According to Lawyers for Justice in...
