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U.S. Intervention at the ICC Assembly of States Parties

The 12th session of the Assembly of States Parties (ASP) of the International Criminal Court has been meeting in The Hague this week.  The United States sent an inter-agency delegation…
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Preventive Detention and Human Rights Law: A Way Out of Bagram or Another Dead End?

With the drawdown of US forces in Afghanistan, one of the thorniest problems involves the detention of individuals who cannot be criminally tried but nevertheless pose an acute…
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Why Killing Terrorists Creates Long-Term Due Process Obligations and What Happens When these Debts Become Due

In July 2013 the European Court of Human Rights (ECtHR) found the United Kingdom in violation of its investigative obligations under Article 2 of the European Convention on Human…
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Some Thoughts on the ICC OTP Strategic Plan: Trying to Build the Future on the Failures of the Past

On October 11th of this year, the Office of the Prosecutor (OTP) at the International Criminal Court (ICC) issued its Strategic Plan for 2012-2015. This roadmap for the conduct…
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The End of the M23, Will Justice Follow?

In the last few days, we have witnessed some important and welcome developments in eastern Democratic Republic of Congo (DRC)—a region of the world in desperate need of some…
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A Deus Ex Machina Postpones the Kenya Cases

Just a quick update to close the loop on a prior post.  There, we noted speculative press reporting that Western diplomats were considering options for delaying the Kenyatta and…
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International Humanitarian Law v. International Human Rights

Note: December 19 “Early Edition” Readers – click here for John Sifton’s guest post, Torture Is Still on the Table. We apologize for the error in the link.…
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ICC Prosecutor Announces Important Changes in New Strategic Plan

The Office of the Prosecutor (OTP) has just released its new strategic plan for 2012-2015, signaling important changes in the direction of the Office that reflect the lessons learned…
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The Charles Taylor Appeal & The Scope of Accomplice Liability

I earlier flagged the release of the Charles Taylor appeals judgment.  This post deconstructs the opinion more closely in light of the Perišić precedent and also addresses the…
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ICC Case Against Spy Chief Senussi Deemed Inadmissible

An important and long-awaited ruling came down from Pre-Trial Chamber I of the International Criminal Court on Friday.  In it, PTC I ruled that the case against Abdullah Al-Senussi—Libya’s…
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Why the US Failure to Support an ICC Referral for Syria does not Protect Israel (or American Interests)

As we watch and wait for the outcome of the destruction and disposal of the chemical weapons in Syria, the issue of accountability for war crimes and/or crimes against humanity…
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Kenya, with African Union Backing, to Seek Again Deferral of the Cases Before the ICC?

In other ICC news…. It is being reported that a diplomatic deal is being struck to seek the postponement of the Kenyan cases through the Security Council. This follows on the…
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