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12 May 2012, 6:00 am by An Hertogen
by An Hertogen This week on Opinio Juris, Kevin Jon Heller posted on Khalid Sheikh Mohammed’s refusal to participate in his Military Commission trial, on the censored time-delayed video and audio feed from the trial and on the irony of an op-ed complaining about “false information about the detention” in the media coverage. [read post]
11 May 2012, 5:58 pm by Kevin Jon Heller
by Kevin Jon Heller Jose Rodriguez, the former CIA officer who describes the Bush administration’s systematic torture regime as people “putting their big boy pants on” and who personally destroyed 92 videotapes documenting the waterboarding of Khalid Sheikh Mohammed and Abu Zubaydah because “out of context they would make us look terrible,” has an op-ed for CNN today complaining about media coverage of the 9/11 military commission. [read post]
10 May 2012, 5:38 pm by Kevin Jon Heller
by Kevin Jon Heller More follies from the Khalid Sheikh Mohammed military commission: The video and audio feed from the war court at Guantanamo Bay is on a time delay so as to prevent accidental or deliberate disclosure of classified information during proceedings. [read post]
9 May 2012, 10:10 pm by Kevin Jon Heller
Heller” (before I obtained my PhD), or simply “Kevin” instead of “Professor Heller,” my title as a brand-new Assistant Professor at the University of Georgia. [read post]
8 May 2012, 10:57 pm by Kevin Jon Heller
by Kevin Jon Heller So reports Mark Kersten in a blockbuster post at Justice in Conflict. [read post]
7 May 2012, 5:00 am by Jessica Dorsey
As Kevin Jon Heller also noted, Khalid Sheikh Mohammed, the alleged “Mastermind of 9/11,” and four other men have refused to enter a plea in their military commissions trial at Guantanamo Bay. [read post]
3 May 2012, 5:43 am by Kevin Jon Heller
by Kevin Jon Heller In the comments to my previous post, Mark Kersten (of the superb Justice in Conflict blog) asks an excellent question: Saif remains in the custody of the former rebels in Zintan, not the NTC. [read post]
2 May 2012, 9:21 pm by Kevin Jon Heller
by Kevin Jon Heller The Nuremberg defense pops up in the strangest places. [read post]
1 May 2012, 10:13 pm by Kevin Jon Heller
by Kevin Jon Heller Libya has now brought a formal admissibility challenge under Article 19 of the Rome Statute. [read post]
30 Apr 2012, 8:56 pm by Kevin Jon Heller
by Kevin Jon Heller Of course, that means it’s been a much better week for anyone who isn’t so keen on the prospect of attacking Iran. [read post]
30 Apr 2012, 1:36 pm
(credit for photo below of Taylor) Our colleague Kevin Jon Heller was right to call this "a stunning rebuke" by Special Court for Sierra Leone Trial Chamber II – for the reason that the Office of the Prosecution had constructed its narrative of Taylor's criminality primarily on the framework of joint criminal enterprise theory. [read post]
29 Apr 2012, 9:01 pm by Kevin Jon Heller
by Kevin Jon Heller The blog, which has been uniformly excellent to date, is dedicated to exploring maritime piracy in all its dimensions. [read post]
28 Apr 2012, 6:00 am by Jessica Dorsey
by Jessica Dorsey Kevin Jon Heller kicked us off this week with posts about the ICC’s report regarding Gaddafi’s situation in Libya and the infighting at the ICC between the Prosecutor and Libyan authorities. [read post]
26 Apr 2012, 6:00 pm by Kevin Jon Heller
by Kevin Jon Heller At International Criminal Law Bureau, Kirsty Sutherland calls attention to a surprise moment during the Taylor verdict that has received, to the best of my knowledge, absolutely no attention from the media: In an unexpected turn of events, as Justice Lussick (Presiding), Justice Doherty and Justice Sebutinde rose to leave the courtroom after delivering the verdict, Justice Sow addressed the Court:  “The only moment where a Judge can express… [read post]
26 Apr 2012, 8:32 am
(Our colleague Kevin Jon Heller's terse pronouncement on the rejection of charges that Taylor also took part in a joint criminal enterprise: "Absolutely shocking ... a stunning rebuke to the prosecution. [read post]
26 Apr 2012, 3:59 am by Kevin Jon Heller
by Kevin Jon Heller The Special Court for Sierra Leone has found Charles Taylor guilty on all counts, but only as an aider and abettor — the judges have rejected the prosecution’s allegations that he participated in a JCE to commit the crimes alleged in the indictment or that he had effective control over the RUF soldiers who committed the crimes (i.e, no ordering or command responsibility). [read post]
25 Apr 2012, 5:30 pm by Kevin Jon Heller
by Kevin Jon Heller The media is widely reporting (see, for example, the Washington Post here) that later today Charles Taylor will become the first sitting or former Head of State to have his fate decided by an international tribunal. [read post]
22 Apr 2012, 11:21 pm by Kevin Jon Heller
by Kevin Jon Heller I am delighted to announce that over the next few days Opinio Juris will be hosting a symposium on what is increasingly called, following Tel Aviv University’s Aeyal Gross, the “functional approach” to the law of occupation. [read post]
22 Apr 2012, 7:23 am by Kevin Jon Heller
by Kevin Jon Heller In my previous post, I discussed the Registry’s report of its visit with Saif Gaddafi in Libya, which was posted on the ICC website and then removed without explanation a few hours later. [read post]