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Assessing Serdar Mohammed through the Prism of Derogation and Detention

Last week the High Court of England and Wales, per Mr Justice Leggatt, delivered a comprehensive judgment in Serdar Mohammed v. Ministry of Defence [2014] EWHC 1369 (QB). The case…
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Update: French Text Referring Syria to ICC Said to Replicate Standard Exemptions for US

In a post this morning, I discussed the language reported in the press of a draft Security Council resolution referring Syria to the International Criminal Court. The question…
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How “Similar” is US Exemption on Draft UNSC Referral of Syria to the ICC?

[Editor’s Note: Check out Ryan’s updated post, “Update: French Text Referring Syria to ICC Said to Replicate Standard Exemptions for US.”] Yesterday I…
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Draft UN Security Council Referral of Syria to the ICC—and US Exemptions

Colum Lynch reported yesterday at Foreign Policy that the Obama administration now supports France’s draft resolution to refer the situation in Syria to the International Criminal…
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Legal Action Taken to Expose Denmark’s Role in US Targeted Killing Program

As reported in today’s Just Security Roundup, news this morning out of Denmark is that the Open Society Justice Initiative (OSJI) is pursuing a potential suite of legal actions…
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Ukraine Before the ICC

The International Criminal Court’s Office of the Prosecutor has opened a preliminary examination into the situation in Ukraine.  As we earlier noted, Ukraine on April 17,…
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Consequences of the Fact-Based Armed Conflict Test in Yemen’s Internal Armed Conflict

Ryan’s recent post about ongoing “drone strikes” in Yemen raises an issue that has troubled me for quite some time from a legal, policy, and advocacy perspective. In the…
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Trial Chamber Finds Power to Compel Witnesses is an “Implied Power” of the ICC

In an important victory for the Office of the Prosecutor at the ICC, the Ruto Trial Chamber, by majority, today issued subpoenas for eight prosecution witnesses for the prosecution…
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Ukraine accepts ICC Jurisdiction but stops short, way short

The Registrar of the International Criminal Court has announced that it has received a declaration from Ukraine accepting jurisdiction for international crimes committed on its…
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European Court says Data Retention Directive is Invalid

Yesterday, the Grand Chamber of the Court of Justice of the European Union (CJEU) gave a compelling judgment in two joined cases: Case C-293/12 Digital Rights Ireland; Case C-594/12…
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Operation Observant Compass & the Hunt for Joseph Kony Plussed Up

The Washington Post has reported that President Obama has significantly plussed up the efforts to hunt Joseph Kony of the Lord’s Resistance Army.  In addition to the 100…
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Ukraine Should Join the International Criminal Court to Push Back Putin

As Russia’s military continues to fortify its position in the Crimea, the government in Kiev could advance its position on the chessboard by ratifying the treaty for the International…
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