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Category: United Nations
International Criminal Justice Day - July 17
Today is International Criminal Justice Day. The Assembly of the States Parties of the International Criminal Court (ICC) adopted this date during the Review Conference of the Rome Statute held in Kampala, Uganda in June 2010. It marks the anniversary of the adoption of the Rome Statute, the treaty that founded the ICC. The treaty also defines the types of international crimes that individuals can be charged with committing: genocide, crimes against humanity, war crimes, and the recently defined crime of aggression. The day aims to promote awareness and to generate support for global justice and the fight against impunity.
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Bassiouni "Quite Doubtful" International Criminal Court Will Succeed -- The Failures, Challenges, and Future of International Criminal Law
After dedicating much of his career to the establishment of the International Criminal Court, M. Cherif Bassiouni -- often called the "father" of international criminal law -- startled an audience at an international law conference in Washington, D.C. on Thursday when he called some international criminal tribunals shams and declared others to be mired in bureaucratic failures. He asserted that there really is no political will by States to have an independent international criminal justice system. Experience has shown that States can create obstacles to justice and international accountability by intentionally underfunding some efforts, making access to data difficult, supporting tribunals premised on little more than window-dressing, and creating overly bureaucratic international criminal systems. He never blatantly said the ICC will dissolve, but he implied its current overly bureaucratic framework is leading to the Court's irrelevancy. Whereas his quixotic dream has been to build an international criminal system to stop national politicians from determining who gets prosecuted, the hero of international criminal justice now implies that his vision is unachievable, at least within any foreseeable future. As such, Bassiouni predicts that there will be a transformation of international law and its institutions. "International criminal justice will take another turn," he said. "And maybe it's a turn for the best." Specifically, we likely will see a shift from supranational criminal courts to national courts, which he said will be more successful in prosecuting the guilty. The challenge he put forth to the lawyers and soon-to-be international lawyers in the room is how to use international law both to connect the national courts and to provide for effective domestic prosecutions of international crimes.
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ASIL Keynote Highlight: U.S. Legal Adviser Harold Koh Asserts Drone Warfare Is Lawful Self-Defense Under International Law
Last night, U.S. State Department legal adviser Harold Koh outlined, for the first time, the Obama administration's legal justifications under international law for the targeted killings of non-state actors using remotely piloted aircraft, often referred to as "drones." He inserted the topic of drones into his keynote at the American Society of International Law 104th Annual Meeting at the Ritz-Carlton in Washington, D.C. The United States has used drones since at least 2001 to kill high-level terrorist operatives abroad, particularly in Afghanistan, Pakistan, Somalia, and Yemen. The Obama administration has significantly increased the number of targeted drone killings, according to various non-governmental organizations and media outlets. In this posting, I look at the specific legal reasoning and standards put forth by Koh, the reactions by international law experts, and a few unanswered questions under international law.
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14th Annual International Environmental Moot Court Competition
The 14th Annual International Environmental Moot Court Competition concluded yesterday with the Law Society of Ireland, Cork as Applicant facing the University of Maryland School of Law as Respondent. This year's simulated case before the International Court of Justice focused on "Beaked Whales and Marine Seismic Surveys." Student attorneys made arguments under the Espoo Convention, the UN Convention on the Law of the Sea, the Convention on Biological Diversity, and the duty to prevent transboundary harm under customary international law. More than 80 teams competed worldwide with 19 teams advancing to the international finals in Florida. And the 2010 winner is . . .
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UN Commission on the Status of Women Seeks Reports of Violations of Women's Rights
The UN Commission on the Status of Women invites any individual, non-governmental organization, group, or network to submit accurate and detailed information to the Commission relating to the promotion of women's rights in political, economic, civil, social, and educational fields in any country anywhere in the world. The Commission is particularly interested in receiving any information relating to alleged violations of human rights that affect the status of women. The Commission will use this information to analyze emerging trends and patterns of injustice and discriminatory practices against women. This analysis informs the Commission's policy process, including the formulation of the best strategies to promote gender equality. The author's name will not be made known unless the author provides explicit permission. Submissions will be accepted until 14 August 2009.
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Legal News Headlines
Return of the StateThis article is the extended address by José E. Alvarez, the Herbert and Rose Rubin Professor of International Law at New York University School of Law, at the University of Minnesota Law School's conference on "International Economic Law in a Time of Change." Alvarez relects upon and rebuts a collection of papers on supra-nationalism presented at the conference. He argues that states, as sovereign entities, are making a comeback. The full-text is available online for free.
Whither Justice? Uganda and Five Years of the International Criminal Court Michael Drexler argues that the International Criminal Court is pursuing an inappropriate engagement strategy in Uganda by ignoring the impacts of criminal prosecution and investigation on the prospects for peace to the country's decades-long conflict. It is published by the peer-reviewed Interdisciplinary Journal of Human Rights Law (IJHRL) and is available online for free.


