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Category Archives: Transitional Justice & International Criminal Law

Posts about transitional justice and international criminal law.

Qaddafi’s Fate Under Discussion: the International Community’s Responsibility in Question

I had been meaning to write a series of posts on the travails of R2P and the situation in Libya a few months ago. Although I had announced that I would be writing on these issues, I regrettably never found the time to write anything publishable. Time is as ever short as it has been [...]

Mark Kersten on the ICC’s Involvement in Conflicts Which Preexisted Its Creation, and my Unannounced Blogging Hiatus

Mark Kersten has a very interesting post up over at his blog Justice in Conflict, titled “Why the ICC Should Think Twice before Investigating Conflicts with Roots Before 2002.” In it, he reflects on the temporal limits of the International Criminal Court’s jurisdiction, and more specifically on the consequences of the ICC’s involvement in conflicts that [...]

Why International Fora Matters in 2011 – Shlomo Avineri on Israel’s Boycott of the Goldstone Probe

I had no plans in particular to continue writing about Judge Richard Goldstone’s Washington Post op-ed from last Friday, but this article in Haaretz from Israeli academic Shlomo Avineri, “Israel was wrong to boycott the Goldstone Probe,” was too interesting not to share. Considering the amount of jubilation coming from the Israeli media and Israel [...]

Richard Goldstone’s Hindsight on the Goldstone Report

Judge Richard Goldstone On April 1st, 2011, Judge Richard Goldstone, an eminent international jurist who was the former Chief Prosecutor for the ICTY and ICTR and the head of the UN fact-finding mission on the 2009 Gaza conflict, published an op-ed piece in the Washington Post in which he “reconsiders” in hindsight some of the [...]

The Travails of R2P – The Legal Challenges of the Military Intervention in Libya (Introduction)

As I have not blogged in a while, and as the situation in Libya has been getting a lot of coverage by legal blogs and other forums, I decided to cover this situation in a more original and structured fashion than usual. Instead of the usual ad hoc commenting, I intend to write a series of [...]

Politics and Evolution of International Law: The Notion of “Lawfare”

Several days ago, Professor Eric A. Posner of the University of Chicago wrote an essay in the conservative bi-monthly The National Interest, ‘Dockets of War,’ in which he argues that the threat of “lawfare,” so often discussed in the United States as a potential threat to American interests in particular abroad, is “over-hyped.” As an international [...]

Libya and the ICC: Where’s the AU?

In the days following the UN Security Council’s resolution referring Libya to the International Criminal Court, one major player has been notably silent: the African Union. The UNSC resolution, without naming names, cites “hostility and violence against the civilian population made from the highest level of the LIbyan government.” Although, as Dov Jacobs of Spreading [...]

Blog Review: Issues and Discussions Surrounding Resolution 1970 (2011) & the ICC Involvement in Libya

The unanimous adoption of UN Security Council Resolution 1970 last Saturday, which imposes sanctions on the Gaddafi regime and refers the situation in Libya since 15 February 2011 to the International Criminal Court has generated quite a debate and discussion in the international law blogosphere. I myself wrote a commentary of the Resolution yesterday, but I [...]

Libya: UNSC Refers the Situation to the International Criminal Court

After some debate and opposition, the United Nations Security Council has voted unanimously in favor of Resolution 1970 (2011) (full text – HTML format) which imposes sanctions on the Gaddafi regime and refers the situation to the International Criminal Court. The resolution, and the observations made by commenters, raise several issues I would like to [...]

A Quick Analysis of the STL’s Decision on the Crime of Terrorism

I am currently working on a rather long commentary of the recent Special Tribunal for Lebanon decision on applicable law, and notably on the definition of the crime of terrorism (which I had previously mentioned here), but for those who can’t wait, I posted a shorter, slightly less legalistic take over at al-Wasat.