U.N. Secretary-General Ban Ki-moon said on Monday he was "deeply disturbed" by the deaths in custody of 37 supporters of the Muslim Brotherhood in Egypt and condemned an ambush by Islamist militants that killed 25 Egyptian policemen. A leading diplomat from the U.S. State Department and the U.S. ambassador to Syria will meet with a Russian delegation in The Hague next week to...
Criticism of the specific-direction requirement endorsed by the ICTY Appeals Chamber in Perišić has officially jumped the shark. According to James Stewart, the requirement would have required the British military court in Hamburg to acquit the two German businessmen who provided the Zyklon-B that the SS used to gas Jews in the death camps: In any event, let’s assume that specific direction...
[Tamsin Paige is an M.Phil (Law) Candidate at the Australian National University College of Law] Piracy originating from the coast of Somalia hit its peak in 2011, with 236 attacks occurring in the Red Sea, Gulf of Aden and the Somali region of the Indian Ocean in that year, according to the IMB’s 2012 piracy report. So far in 2013 the IMB...
British authorities used anti-terrorism powers yesterday to detain Glenn Grenwald's partner (Greenwald is the journalist with close links to Edward Snowden, the former U.S. spy agency contractor who has been granted asylum by Russia), as he passed through London's Heathrow airport. Greenwald's reaction is here, calling the incident "a failed attempt at intimidation.' A defense lawyer who gained rare access to...
It's been quite a month for the mainstream media. First, at FP.com, Elias Groll completely misstated the mens rea of the Espionage Act and refused to correct his mistake. (He obviously reads my tweets, because he re-tweeted a criticism I offered of a different article.) Then, at the Guardian, Owen Bowcott misrepresented the specific-direction requirement, eliding the distinction between aiding...
This week on Opinio Juris, Kevin welcomed the new international criminal law blog Beyond The Hague to the blogosphere and sparked much debate with his post based on Judge Harhoff's recent comments about the ICTY Appeals Chamber's Perisic adoption of the specific-direction requirement and followed-up with a second post on the topic clarifying what the specific-direction requirement entails. Kevin also questioned the latest in...
Just when I thought its position couldn't get more ridiculous, Libya argues the following -- presumably with a straight face -- in response to the defence's complaint that it is violating its obligation to surrender Saif to the ICC: It is clear, as Mr. Gaddafi noted in the Request, that the issue of admissibility – in particular ability to pursue a domestic...
[Elizabeth Holland is an attorney with the law firm Foley Hoag LLP, where she focuses on international law and corporate social responsibility. The views expressed here are her own.] There is clear need for effective counterterrorism measures. Equally compelling is the humanitarian imperative to address civilian need in situations of armed conflict. It has been questioned, however, whether the balance struck...
I've spent a lot of time thinking about treaties. And I've read lots and lots of them over the years. From time to time, however, I encounter something I find truly novel on the treaty front. A case in point, was this story in IT World yesterday. It refers to pending negotiations between the United States and Germany on an agreement...
The United Nations Secretary General’s fifth Report on the Responsibility to Protect (R2P) was released last week. This Report is titled “State Responsibility and Prevention” and focuses generally on governance mechanisms and early warning. It also mentions the situation in Syria, stating that “[r]ecent events, including in the Syrian Arab Republic, underline the vital importance of early action to prevent...
[Bharat Malkani is a lecturer at Birmingham Law School, University of Birmingham, where he also runs the Birmingham Law School Pro Bono Group. You can also follow him on Twitter @bharatmalkani] Recently, Ali Babitu Kololo was sentenced to death by a Kenyan court for his role in the murder of David Tebbutt, and the kidnapping of David’s wife, Judith, in September 2011....
Turkish Prime Minister Tayyip Erdogan called for the U.N. Security Council to convene quickly and act after what he described as a massacre in Egypt. The UN has said the departure of a team of chemical weapons inspectors to Syria was "imminent." UN Secretary General Ban Ki-moon has insisted that US drone strikes must operate within international law. International medical charity Medecins Sans Frontieres has announced...
