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26 Jul 2012, 5:43 pm by Kevin Jon Heller
by Kevin Jon Heller According to the Washington Post, Phakiso Mochochoko, the head of the Jurisdiction, Complementarity and Cooperation Division in the Office of the Prosecutor at the ICC, said the following in response to Stephen Rapp’s recent comments about the potential criminal liability of the Rwandan government for its support of Bosco Ntaganda’s M23 in the Congo (emphasis added): The International Criminal Court is not investigating Rwanda’s… [read post]
25 Jul 2012, 6:42 pm by Kevin Jon Heller
by Kevin Jon Heller Although clearly a step up from its genocidal predecessor, Kagame’s government in Rwanda is anything but progressive. [read post]
20 Jul 2012, 4:47 pm by Kevin Jon Heller
by Kevin Jon Heller This may be a bit inside baseball for most, but the Pre-Trial Chamber issued an interesting decision yesterday regarding the Office of Public Counsel for the Defence’s formal response to Libya’s admissibility challenge. [read post]
19 Jul 2012, 5:00 am by Jessica Dorsey
As Kevin Jon Heller has pointed out and analyzed on Opinio Juris, Mali has asked the ICC to investigate atrocities that have been going on there since January 2012. [read post]
18 Jul 2012, 4:17 pm by Kevin Jon Heller
by Kevin Jon Heller It looks increasingly likely. [read post]
18 Jul 2012, 3:15 am by Kevin Jon Heller
by Kevin Jon Heller I want to call readers’ attention to David Frakt’s excellent essay on direct participation in hostilities as a war crime. [read post]
14 Jul 2012, 6:00 am by Jessica Dorsey
Kevin Jon Heller kept us abreast of the sentencing of Thomas Lubanga Dyilo at the ICC this week, wherein Lubanga received 14 years (minus the six years he has already served while in the custody of the Court) for conscripting enlisting and using children under the age of 15 to directly participate in hostilities. [read post]
13 Jul 2012, 10:07 am by Paul Caron
Following up on Wednesday's post, Yale Launches Nation's First Ph.D. in Law: here are some law professor reactions: Jack Balkin (Yale) Dan Filler (Drexel) Jeffrey Harrison (Florida) Kevin Jon Heller (Melbourne) Orin Kerr (George Washington) Brian Leiter (Chicago) ("the worst idea in the history of legal education") Jeff Lipshaw (Suffolk)... [read post]
13 Jul 2012, 6:17 am by Kevin Jon Heller
by Kevin Jon Heller A recurring criticism of the ICC is that it has little to show for its first 10 years — just one conviction — and has cost an inordinate amount of money. [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]
11 Jul 2012, 6:39 am by Kevin Jon Heller
by Kevin Jon Heller The Independent has the story: European governments, including Britain’s, have received legal opinion from a leading international counsel who argues they would be fully within their rights to ban trade with Israeli settlements in the occupied West Bank. [read post]
10 Jul 2012, 3:38 am by Kevin Jon Heller
by Kevin Jon Heller Thomas Lubanga Dyilo, the first person convicted at the ICC, has been sentenced to fourteen years in prison. [read post]
8 Jul 2012, 1:11 am by Kevin Jon Heller
by Kevin Jon Heller Courtesy of the European Trade Union Institute. [read post]
7 Jul 2012, 6:00 am by Jessica Dorsey
by Jessica Dorsey This week on Opinio Juris, we had Kevin Jon Heller weighing in on Melinda Taylor’s release in Libya and offering thoughts related to whether she should be prosecuted there. [read post]
7 Jul 2012, 12:26 am by Kevin Jon Heller
by Kevin Jon Heller Not surprisingly, Taylor insists that she did nothing wrong — and that Saif Gaddafi cannot possibly get a fair trial in Libya. [read post]
4 Jul 2012, 4:29 am by Kevin Jon Heller
by Kevin Jon Heller I want to take a break from Libya to call readers’ attention to an excellent essay by Marjolein Cupido, a PhD student at VU Amsterdam, that recently appeared in Criminal Law Forum. [read post]
3 Jul 2012, 7:58 am by Kevin Jon Heller
by Kevin Jon Heller Now that Taylor is finally free, we can turn our attention again to the ongoing saga of who is going to prosecute Saif Gaddafi — Libya or the ICC. [read post]
2 Jul 2012, 2:45 pm by Kevin Jon Heller
by Kevin Jon Heller I have to admit, I’ve been very surprised by the negative reactions I’ve received concerning my belief that the ICC should not have expressed regret or apologized to Libya for Melinda Taylor’s (alleged) misconduct. [read post]