I expect the legal issues arising out of a possible attack on Iran's nuclear facilities are going to get hotter in the coming weeks. Peter Berkowitz of the Hoover Institution offers this argument in favor of the legality of Israel's attack drawing from the doctrine of "preemptive" self defense (h/t Jack Goldsmith at Lawfare). The charter of the United Nations affirms...
The ABA Journal has a cover story about the threat posed to island states by climate change. This is a topic we have discussed on Opinio Juris at various times. Duncan wrote at length about the Maldives; I had a shorter piece here, and there are various references in the midst of other blog posts. The Journal article is long and...
It won't save his job, for reasons Julian mentioned a week or so ago, but it's still good news: Spain's top court acquitted renowned judge Baltasar Garzon on Monday of abuse of power by trying to investigate Franco-era atrocities, in a case that exposed deep wounds dating back to the civil war. Six members of the seven-strong Supreme Court...
If you are around Washington DC this week on Wednesday and Thursday, you might want to (advance) register and attend a major human rights conference at my school, Washington College of Law, American University, "Forensic Evidence in the Fight Against Torture." My law school's dean, Claudio Grossman, is a major figure in UN and regional human rights bodies, and is...
[The following is a guest post by Dan Joyner, Professor of Law at the University of Alabama. Our thanks to him for contributing it.] So, as you probably guessed from the title of this post, it’s going to be a bit of a rant. But this has been festering inside me for the past five years and I want to get...
My friend Dapo Akande takes me to task today at EJIL: Talk! for my position on drone strikes directed at combatants attending a funeral or helping the wounded. I will address his curious reluctance to address the text of the Rome Statute in Part II of my response; in this post, I want to address his arguments concerning IHL. Here...
That's the conclusion drawn in this blockbuster report -- which, precisely because it is a blockbuster that makes Israel and the MEK's vast number of Democratic and Republican supporters in the U.S. look bad, has been basically ignored in the "liberal" media: Deadly attacks on Iranian nuclear scientists are being carried out by an Iranian dissident group that is financed,...
Cross-posted at LieberCode. It is becoming increasingly likely that Russia and China are going to block just about any resolution on Syria coming out of the Security Council, regardless of whether it is meaningful or not. They aren’t going to support a resolution that seriously denounces the regime, nor are they going to support an ICC...
The case involves Luis Moreno-Ocampo's decision to remove Ekkehard Witkopf, then a Senior Trial Lawyer with the OTP, from Lubanga. The following paragraphs from the ILO's judgment best summarize what happened: On 15 December 2008 the Deputy Prosecutor informed the complainant orally that the Executive Committee had decided that he would no longer lead the trial of the Lubanga case on...
[Ingrid Wuerth is Professor of Law at Vanderbilt Law School and Director of Vanderbilt's International Legal Studies Program.] The International Court of Justice has issued its judgment in Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening). Germany won, as most observers had predicted. The dispute arose out of a series of decisions by Italian national courts...
It's rare that I defend the ICTY, but I feel compelled to do so here. As discussed in this blog post by Laurie Blank, a group of experts in military law have released a report attacking the Trial Chamber's judgment in Prosecutor v. Gotovina for allegedly misapplying basic IHL rules regarding targeting. Unfortunately, the report fundamentally misstates what the Trial...
The Pre-Trial Chamber II (PTC) has confirmed the charges against 4 of the 6 defendants in the Kenya cases. The following is from the PTC's oral summary of their decision: Summary of Decision in Case 1 I will now turn to the merits of Case 1, the Prosecutor v. William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang...
