Archivo de Etiquetas: AM

The ICC’s Curious Dissolution of the Afghanistan Pre-Trial Chamber by Kevin Jon Heller Many ICC observers have been wondering why the Pre-Trial Chamber is taking so long to decide on the OTP’s request to open a formal investigation into the situation in Afghanistan. A little-noticed document filed by the Presidency …

DAÑO AMBIENTAL EN ISLA PORTILLOS: NICARAGUA PROCEDE A DEPOSITAR MONTO A COSTA RICA En un comunicado oficial de Costa Rica dado a conocer este 13 de marzo del 2018, se informa del depósito hecho por Nicaragua a Costa Rica del monto por el daño ambiental causado por Nicaragua en Isla …

Times Are Changing – and What About the International Rule of Law Then? Note from the Editors:  This week we hold the first EJIL:Talk! Contributing Editors’ Debate, where some or all of our distinguished Contributing Editors lend their views on broad themes of international law and the state of the art, …

Does the ICJ Have Binding Jurisdiction Over the Guyana-Venezuela Border Controversy? Probably, But Maybe Not by Julian Ku Last month, the UN Secretary General António Guterres announced that he was referring the longstanding border dispute between Guyana and Venezuela to the International Court of Justice. This decision was made after a …

The Activation of the Crime of Aggression in Perspective In its final hours soon after midnight of 14 December 2017, the 16th Assembly of States Parties to the Rome Statute of the International Criminal Court decided to activate the Court‘s jurisdiction over the crime of aggression. This is the effect …

Ecuador Seeks to Confer Diplomatic Status on Julian Assange: Does this Oblige the UK to Allow Him to Leave the Embassy & Is the Matter Headed to the ICJ? There is a recent twist in the Julian Assange saga leading to new claims that the UK has the legal obligation …

No, There Is No International Legal Basis for the “Bloody Nose” Strategy by Kevin Jon Heller At Lawfare yesterday, two law professors at West Point defended the US’s right to attack North Korea if it tests another nuclear weapon or fires another missile into Japanese waters: North Korea is extraordinarily close …

One Step Forward for International Criminal Law; One Step Backwards for Jurisdiction by Jennifer Trahan [Jennifer Trahan is Associate Professor, The Center for Global Affairs, NYU-SPS and Chair of the International Criminal Court Committee of the American Branch of the International Law Association] On Thursday, December 14, 2017, the ICC’s …

The Puzzling US Submission to the Assembly of States Parties by Kevin Jon Heller The US submission to the ASP has finally appeared. It is not very long — about 1.5 pages — but manages to pack in a good number of false claims and bizarre interpretations of the Rome …

A Potentially Serious Problem with the Final Decision Concerning Comoros by Kevin Jon Heller A couple of days ago, the OTP finally announced what we all expected: that it would not reconsider its refusal to open a formal investigation into Israel’s attack on the MV Mavi Marmara. Dov Jacobs has …

An Utterly Damning Report on Moreno-Ocampo by Kevin Jon Heller Following on the heels of the much-reported e-mail scandal, FICHL has released a policy brief entitled “A Prosecutor Falls, Time for the Court to Rise” that is an utterly damning indictment of Luis Moreno-Ocampo’s tenure at the ICC. Here is a taste …

Piecing the Withdrawal Puzzle: May the ICC still open an investigation in Burundi? (Part 1) by Sergey Vasiliev [Sergey Vasiliev is an Assistant Professor of International Law, Grotius Centre for International Legal Studies, Leiden University. This is the first part of a two-part contribution.] Questions raised by the ICC’s reaction …