The Syrian Prime Minister has survived a car bomb in Damascus, an event UN Secretary General Ban Ki-Moon labelled a "terrorist attack." Ban Ki-Moon also urged Syria to allow international experts access in order to establish whether chemical weapons were used. Meanwhile, in a phone call to President Putin, President Obama has expressed his concern over the use of chemical weapons in Syria. The European...
I have now had the opportunity to read both Judge van den Wyngaert's request to be excused from the Kenyatta case and the Presidency's decision to grant that request. There is no question that workload did indeed play a role in the Judge's decision to withdraw. But it also seems clear that there was at least one other reason, as...
[Katherine Florey is Professor of Law at UC Davis] I come late to this discussion. Professors Alford and Whytock have adeptly explored the question of whether international human rights litigation might be reframed under state tort law. To their observations, I would add the following: Because state choice-of-law methodology is incredibly diverse, it is difficult to make predictions or generalizations about...
Last week, the government of Bolivia filed an application in the International Court of Justice against Chile arguing that Chile has breached its "obligation to negotiate in good faith and effectively with Bolivia in order to reach an agreement granting Bolivia a fully sovereign access to the Pacific Ocean." Is it just me, or is this the weakest case ever filed at the...
According to a recent report, tens of millions of dollars from the CIA were delivered to the office of Afghanistan's president, Hamid Karzai over the course of decades, meant to buy US influence in Afghanistan. Syria's neighbors are wary of a US-led intervention, should the US decide to take military action in the face of new evidence of chemical weapon use by...
Not content to push border disputes with only Japan and the Philippines, China apparently has decided that now is also a good time to create a border crisis with India. Last week, Chinese troops apparently crossed over a disputed border to camp 20 km inside Indian-claimed territory in the remote region of the Himalayas (the Chinese deny the incursion has...
From the Court's press release: Today, 26 April 2013, Leiden University won the final round of the International Criminal Court (ICC) Trial Competition, English version, held in ICC Courtroom I in The Hague (Netherlands). Osgoode Hall Law School of York University (Canada) and Bond University (Australia) won, respectively, second and third place. The Best Speaker award went to Katherine Stewart of...
I cannot find the relevant document on the ICC website, but Kenya's CapitalFM is reporting that Judge Christine van den Wyngaert, sitting in the Trial Chamber, has withdrawn from the case against Uhuru Kenyatta because of concerns about the prosecution's behavior: In her opinion the prosecution failed to disclose to the Pre-Trial Chamber on the credibility of witness four and disclosing new...
This week on Opinio Juris, we continued last week's Kiobel Insta-Symposium. Quoting from his and John Yoo's Forbes contribution, Julian argued that the rejection of universal civil jurisdiction is common sense because it leaves the decision on foreign policy consequences of extraterritoriality to the political branches. He also drew our attention to two positive assessments of the opinion, by John Bellinger and...
Professor Craig Allen of University of Washington alerts me to this excerpt from the press conference held yesterday at China's Ministry of Foreign Affairs. It is the first time, as far as I know, that a Chinese government spokesman has offered a detailed explanation of China's legal position in the Philippines arbitration. It still doesn't fully make sense, or...
As members of Congress begin calling more insistently for some unspecified form of U.S. military intervention against the regime of Syrian president Bashar al-Assad, I admit to suffering the same doubt as Julian. What exactly is the legal theory here – under domestic and international law – that would authorize the United States to use force in Syria? There was,...
This week 170 garment workers in Bangladesh died after the Rana Plaza building collapsed. A few months ago 112 garment workers in Bangladesh died after the Tazreen Fashions garment factory was destroyed by fire. Both tragedies were the result of inadequate fire and safety standards. These tragedies could not have come at a worst time for major...
