The International Court of Justice issued a "provisional measures" order today in a dispute between Thailand and Cambodia over a World Heritage temple located near or on the boundary between the two nations. The request for provisional measures was brought by Cambodia, which sought the withdrawal of Thai troops from around the temple. The ICJ granted this request, but went...
I have just posted a new essay on SSRN, entitled "The Uncertain Legal Status of the Aggression Understandings." The essay will be published by the Journal of International Criminal Justice as part of a symposium on the ICC's new crime of aggression. Here is the abstract: Annex III of Resolution RC/Res.6, adopted by consensus at Kampala on 12 June 2010, contains...
The following is a guest-post by Mark Kersten. Mark is a PhD candidate in International Relations at the London School of Economics and author of the (excellent) blog Justice in Conflict. His research examines the nexus of conflict resolution and the pursuit of international criminal justice. Trying to Get to the Bottom of the “Peace versus Justice” Debate...
We now know that there is broad agreement that if Texas Governor Perry goes forward with today's scheduled execution of Humberto Leal, he will be doing so in violation of law. Who has said so? Well, the U.S. government, the U.S. Supreme Court, at least three concurring judges on the Texas Court of Criminal Appeals, a significant number of members...
I'm under the pump because of a deadline, but I wanted to call readers' attention to a short editorial at OpenDemocracy.net written by Victor Kattan about the PLO/PA's intention to ask the UN General Assembly to recognize Palestinian statehood in September. Victor discusses a variety of interesting diplomatic and legal aspects of that intention, including the possibility that the PLO/PA...
I am delighted to announce the publication of my book "The Nuremberg Military Tribunals and the Origins of International Criminal Law." The book can be ordered from Oxford University Press here; Amazon should have it (at a whopping $8.78 discount) in the next few days. Here for the last time is the cover: Once again, I want to thank...
The D.C. Circuit held this week that torture by non-state actors was not actionable under the Alien Tort Statute. The case, Ali Shafi v. Palestinian Authority, arose from the alleged torture in the West Bank by the Palestinian Authority and the PLO of a Palestinian national who was an Israeli spy. The Shafis argue that “the [Palestinian Authority's] conduct...
I have just posted a new essay -- my first since finishing the NMT book! -- on SSRN. Here is the abstract: Scholars have long debated to what extent the Rome Statute’s principle of complementarity permits states to prosecute war crimes, crimes against humanity, and acts of genocide as ordinary crimes such as rape and murder instead...
In Serbia, not surprisingly: Ratko Mladic, the Bosnian Serb general accused of overseeing the worst massacre in Europe since the end of World War II, has been arrested, Serbian authorities said Thursday. Mladic is Europe's most wanted war crimes suspect for his alleged role in the 1995 slaughter of 8,000 Bosnian Muslim men and boys in the enclave of Srebrenica,...
The following post was written by Luna Droubi. Droubi, who is Syrian American, was Editor in Chief of the New York Law School Law Review from 2010-2011 and received her J.D. this month. As a child, I remember sitting with my grandfather on my grandparent's balcony in Homs, Syria on hot, sticky summer nights. We'd swat away at mosquitoes as...
In his post below, Harold Koh continually refers to the existence of an "armed conflict" between the U.S. and al Qaeda. Koh does not specify what kind of armed conflict the U.S. believes exists, but he references Common Article 3 in the detention section of the ASIL speech that he quotes, indicating that the U.S. believes it is in a...
As discussions over the legality of the May 1 killing of Osama Bin Laden by U.S. forces heated up and international law and law of war experts provided a range of potential arguments for and against the lawfulness of U.S. action, we thought it would help public discussion to present the official U.S. position on the legal dimensions of the...
