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21 Apr 2012, 6:08 pm by Kevin Jon Heller
by Kevin Jon Heller I have uploaded a copy of the report, which was available for a couple of hours on the ICC website but then removed without explanation. [read post]
2 Mar 2011, 4:37 pm by Kevin Jon Heller
by Kevin Jon Heller As Roger noted earlier, Bradley Manning has been formally charged with "aiding the enemy," a potentially capital offence. [read post]
3 Sep 2010, 8:05 pm by Kevin Jon Heller
by Kevin Jon Heller Julian noted a couple of days ago that the ACLU and Center for Constitutional Rights have challenged the Obama administration’s “asserted authority to carry out ‘targeted killings’ of U.S. citizens suspected of terrorism far from any field of armed conflict. [read post]
1 Feb 2012, 8:29 am by Kevin Jon Heller
by Kevin Jon Heller It’s rare that I defend the ICTY, but I feel compelled to do so here. [read post]
22 Sep 2009, 5:34 pm
by Kevin Jon Heller As part of the backlash against the Goldstone Commission’s recommendation that the Security Council refer the situation in Gaza to the ICC if Israel and Hamas do not conduct credible investigations of their crimes, the far-right Jerusalem Post published an editorial today entitled “Strange Justice: The ICC, Europe, and the World. [read post]
13 Jun 2010, 6:24 pm by Kevin Jon Heller
by Kevin Jon Heller I’ve long supported providing the ICC with jurisdiction over the crime of aggression. [read post]
4 Apr 2012, 6:35 am by Kevin Jon Heller
by Kevin Jon Heller As most readers probably know by now, the Office of the Prosecutor has finally — after three inexcusable years of inaction — officially rejected Palestine’s attempt to accept the ICC’s jurisdiction pursuant to Article 12(3) of the Rome Statute. [read post]
27 Apr 2010, 6:21 am by Kevin Jon Heller
by Kevin Jon Heller My UN Dispatch friend Mark Leon Goldberg notes today that a group of Representatives are circulating a “Dear Colleague” letter urging their colleagues to support a resolution “opposing the United States joining the Rome Statute or participating in the upcoming review conference. [read post]
13 Aug 2012, 8:37 pm by Kevin Jon Heller
by Kevin Jon Heller As I noted last week, I have just finished a long chapter critically assessing the work of the Human Rights Council-created International Commission of Inquiry on Libya (COI). [read post]
23 Feb 2012, 3:50 pm by Kevin Jon Heller
by Kevin Jon Heller Readers interested in watching Ben Wittes desperately try to spin British condemnation of the U.S. approach to the war on terror need only check out his post today on Rahmatullah. [read post]
17 Jul 2011, 6:52 pm by Kevin Jon Heller
by Kevin Jon Heller As part of his ongoing war against the New York Times, Ben Wittes has a post today entitled “Seven Errors in Today’s New York Times Editorial. [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]
1 Apr 2011, 2:58 am by Kevin Jon Heller
by Kevin Jon Heller On paper, courts-martial are far more fair than military commissions - the substantive law they apply is superior, and their rules of evidence and procedure are designed to protect defendants, not ensure convictions. [read post]
10 Oct 2009, 3:15 pm
by Kevin Jon Heller I have no expertise in this area, so I’m not going to opine on the legality of Zelaya’s ouster. [read post]
6 Mar 2012, 11:34 pm by Kevin Jon Heller
by Kevin Jon Heller I am teaching IHL in Jericho this week, so I don’t have as much time as I’d like to weigh in on the increasingly surreal debate over whether the right of self-defense in Article 51 of the UN Charter permits the U.S. or Israel to attack a country that does not have nuclear weapons, could not build a nuclear weapon anytime soon, and is not — according to the U.S. itself — even trying to build a nuclear weapon. [read post]
18 Aug 2010, 10:26 pm by Kevin Jon Heller
by Kevin Jon Heller I have to respectfully disagree with Dave’s interpretation of Judge Jackson’s decision. [read post]
11 Jul 2012, 1:35 pm by Kevin Jon Heller
by Kevin Jon Heller As the rare American legal academic who has both a JD and a PhD in law (the latter, of course, from a law school outside the U.S.), I think this is an exciting development, for all the reasons that Jason Mazzone laid out nicely last year at Balkinization. [read post]
22 Nov 2011, 8:42 pm by Kevin Jon Heller
by Kevin Jon Heller Most commentators have assumed — Julian included — that Libya has an obligation under the Rome Statute to surrender Saif Gaddafi to the ICC before it can challenge the admissibility of the case against him. [read post]
29 Jan 2010, 3:48 pm by Kevin Jon Heller
by Kevin Jon Heller I want to offer two thoughts on Glennon’s article, which — though I am generally skeptical of the ICC’s attempts to define the crime — I find anything but convincing. [read post]