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6 Oct 2011, 5:07 pm by Kevin Jon Heller
by Kevin Jon Heller As readers know, a few of us on the blog have been debating whether the law of neutrality has any relevance to the United States’ conflict with al-Qaeda. [read post]
24 Jan 2012, 7:00 am by Harvard International Law Journal
by Harvard International Law Journal [Carsten Stahn responds to Kevin Jon Heller, A Sentence-Based Theory of Complementarity. [read post]
30 Nov 2010, 9:53 am by Kevin Jon Heller
by Kevin Jon Heller That’s the excellent question asked by Ian, one of the commenters on Roger’s recent post. [read post]
21 Feb 2011, 2:45 pm by Kevin Jon Heller
by Kevin Jon Heller David Bernstein and NGO Monitor have worked themselves into a lather about Human Rights Watch's decision to appoint Shawan Jabarin, the head of Al-Haq, a leading Palestinian human-rights group, to its Mideast Advisory Board. [read post]
26 May 2010, 3:32 am by Kevin Jon Heller
by Kevin Jon Heller A couple of years ago, I blogged about how Salim Hamdan was prosecuted in a military commission for conspiring to commit the non-existent war crime “murder in violation of the law of war. [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]
23 Dec 2011, 3:24 pm by Kevin Jon Heller
by Kevin Jon Heller A group of distinguished Nuremberg scholars, including myself (minus the distinguished part), have filed an amicus brief in Kiobel v. [read post]
6 Aug 2012, 6:14 pm by Kevin Jon Heller
by Kevin Jon Heller At Justice in Conflict, Mark Kersten calls attention to a recent motion filed by the Libyan government asking for more time — read: stalling — to reply to the OPCD’s response to its admissibility challenge. [read post]
26 Nov 2011, 10:23 am by Kevin Jon Heller
by Kevin Jon Heller Dapo Akande has a typically excellent discussion of the surrender issue today at EJIL: Talk! [read post]
25 Oct 2010, 5:53 pm by Kevin Jon Heller
by Kevin Jon Heller Ben Wittes has a post today at Lawfare provocatively entitled “Is Barack Obama a Serial Killer? [read post]
12 Nov 2011, 8:10 pm by Kevin Jon Heller
by Kevin Jon Heller As readers may know, Israel’s Knesset is currently considering two laws designed to prevent foreign governments and international organizations from funding progressive Israel human-rights groups: one that drastically limits the amount of funding such groups could receive, and one that imposes a tax of nearly 50% on foreign funds received by human-rights groups that do not receive Israeli funding (i.e., groups that the current Israeli government… [read post]
10 Sep 2011, 5:22 pm by Kevin Jon Heller
by Kevin Jon Heller I’ve received a number of emails arguing that I do not take seriously enough the CMCR’s analogy between conspiracy and the crime of membership in a criminal organization. [read post]
9 Jul 2010, 5:41 pm by Kevin Jon Heller
by Kevin Jon Heller As I noted in my previous post, the OTP argued that it had an “independent statutory obligation” to protect witnesses that permitted it to ignore the Trial Chamber’s order to reveal the intermediary’s identity to the defense. [read post]
7 Jun 2012, 2:12 pm by Kevin Jon Heller
by Kevin Jon Heller The Office of the Prosecutor has filed its response to Libya’s challenge to the admissibility of the cases against Saif Gaddafi and Abdullah al-Senussi. [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]
12 Sep 2011, 7:48 am by Kevin Jon Heller
by Kevin Jon Heller As I noted in my previous post, the CMCR’s opinion in al-Bahlul repeatedly cites the Nuremberg-era crime of criminal membership in defense of its belief that material support for terrorism and conspiracy qualify as war crimes. [read post]
26 Feb 2010, 10:55 pm by Kevin Jon Heller
by Kevin Jon Heller David Luban and Stuart Taylor are having an interesting exchange at Balkinization over whether the CIA’s use of waterboarding qualifies as torture under the federal torture statute, 18 USC 2340. [read post]
17 Jun 2012, 3:37 pm by Kevin Jon Heller
by Kevin Jon Heller In early May I discussed the OPCD’s motion to disqualify Moreno-Ocampo for making a number of inflammatory statements to the press concerning Saif Gaddafi’s guilt. [read post]
20 May 2011, 10:36 pm by Kevin Jon Heller
by Kevin Jon Heller In his post below, Harold Koh continually refers to the existence of an "armed conflict" between the U.S. and al Qaeda. [read post]
12 Jan 2012, 6:45 pm by Kevin Jon Heller
by Kevin Jon Heller The media has been abuzz the past couple of days about a video that shows four U.S. [read post]