Kevin Jon Heller Profile picture
Sep 17, 2020 21 tweets 19 min read Read on X
1. Take some time to read about the shocking and disappointing events at @UTLaw. A hiring committee unanimously chose @ValentinaAzarov over nearly 10 others to run the school’s justly-celebrated international human rights program. thestar.com/news/gta/2020/…
@UTLaw @ValentinaAzarov 2. Then a sitting judge and alumnus expressed “concern” about Azarova’s work — of course — on behalf of Palestinians. Soon enough, the Dean of the law school, over the objections of the hiring committee, Edward Iacobucci, rescinded Azarova’s offer.
@UTLaw @ValentinaAzarov 3. A number of international-law scholars wrote to the President of @UofT to register their concern. I was one of them, as I've worked closely with Azarova on Saudi arms transfer issues, know her Palestine advocacy well, and think the world of her. She is scrupulously fair.
@UTLaw @ValentinaAzarov @UofT 4. As the article reports, @UofT claims it never made Azarova an offer, so it did not rescind one. This is what is known as a “lie.” They most certainly made her an offer. And she accepted it. It’s shocking the university would claim otherwise and will blow up in their face.
@UTLaw @ValentinaAzarov @UofT 5. Even worse, @UofT’s idiotic statement inadvertantly admits it isn’t telling the truth. The “cross-border” “legal and technical” constraints mentioned in the statementconcerned the need for Azarova to arrange her work permit!
@UTLaw @ValentinaAzarov @UofT 6. The entire advisory board of the human-rights program has resigned in protest — and rightly so. The search has now been cancelled. If the university doesn’t change course and hire Azarova, it will be catastrophic for the program and for the law school.
@UTLaw @ValentinaAzarov @UofT 7. That would be a genuine shame, because @UTLaw is a fantastic school with some of the world’s best international lawyers. Fingers crossed the powers-that-be end up doing the right thing. thestar.com/news/gta/2020/…
@UTLaw @ValentinaAzarov @UofT 8. PS: this is what real #cancelculture looks like. The left gets a few lectures by noxious right-wingers called off (which is wrong!). The right systematically attempts to destroy the career of anyone who has the temerity to criticise #Israel.
@UTLaw @ValentinaAzarov @UofT 9. The Dean of @UTLaw has sent an email to faculty repeating that no offer was made and that there was no political motivation behind the discontinuation of the search. The first claim is categorically false. The second is impossible to credit.
@UTLaw @ValentinaAzarov @UofT 10. The Assistant Dean of the law school offered @ValentinaAzarov the position via Zoom on August 11. The offer included a detailed list of the offer’s terms, including salary, benefits, and pension contribution.
@UTLaw @ValentinaAzarov @UofT 11. Azarova accepted the offer, including its terms, via Zoom with the Assistant Dean on August 19. She and the Assistant Dean then had three additional Zoom calls and a WhatsApp discussion to plan the immigration process.
@UTLaw @ValentinaAzarov @UofT 12. Two past directors of @UTLaw’s international human-rights program have categorically rejected Dean Iacobucci’s claim that no offer was made. They both say the offer was made and accepted.
@UTLaw @ValentinaAzarov @UofT 13. The Assistant Dean of @UTLaw personally told the chair of the human-rights program’s advisory board, who was also on the hiring committee, that a sitting judge had contacted a senior fundraising official to express concern about Azarova’s appointment.
@UTLaw @ValentinaAzarov @UofT 14. Later, the Dean of @UTLaw, Iacobucci, admitted to the chair of the advisory board that the judge had contacted him personally.
@UTLaw @ValentinaAzarov @UofT 15. On Sept. 14, the entire @UTLaw faculty received an email from a Vienna-based lawyer falsely accusing the chair of the advisory board of supporting a complete boycott of Israel. Very odd timing.
@UTLaw @ValentinaAzarov @UofT 16. Iacobucci’s claim his decision was not politically motivated is simply not credible. He admits talking to the judge — a serious and perhaps unlawful breach of confidentiality. He has never specifically denied the judge’s opposition was based on Azarova’s Palestinian advocacy.
@UTLaw @ValentinaAzarov @UofT 17. Iacobucci must immediately release the judge’s name and provided a detailed account of everything they discussed. As it is, he sounds like the legislator who is wined and dined by a lobbyist, supports the lobbyist’s bill the next day, and then angrily denies undue influence.
@UTLaw @ValentinaAzarov @UofT 18. As for the position, it should immediately be offered to Azarova. And if it isn’t, faculty should either refuse to serve on the next hiring committee or simply offer her the position again after the next search.
@UTLaw @ValentinaAzarov @UofT 19. Other candidates, particularly serious ones, should refuse to apply for the position if it is re-advertised. Their appointment would be forever tainted by the manifest unfairness of denying the position to the best candidate because of her (honourable) Palestinian advocacy.
@UTLaw @ValentinaAzarov @UofT 20. PS: here is an email from the Assistant Dean that makes clear there was an offer and that everything was moving forward on the immigration front. Image
@UTLaw @ValentinaAzarov @UofT 21. And another one, even more clear. Image

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More from @kevinjonheller

Jun 25
An important development in the #Ukraine investigation at the #ICC.
The two suspects are very high-ranking. At the time of the alleged crimes, Shoigu was Russia's Minister of Defence and Gerasimov was Chief of the General Staff of the Armed Forces and First Deputy Minister of Defence.
The PTC has concluded "that there are reasonable grounds to believe that the two suspects bear responsibility for missile strikes carried out by the Russian armed forces against the Ukrainian electric infrastructure from at least 10 October 2022 until at least 9 March 2023."
Read 5 tweets
Jun 7
All domestic efforts at accountability are welcome. But as @eliavl and @AccJurist have pointed out, the creation of a national commission of inquiry will have no effect on whether the Pre-Trial Chamber grants the Prosecutor's application for arrest warrants. 🧵
Issuance of warrants is governed by RS Art. 58, which requires the PTC to issue a warrant if: (1) "There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court"; and (2) the suspect will not voluntarily appear.
That's it. Art. 58 makes no mention of complementarity -- nor does it mention jurisdiction or admissibility more broadly. Those issues arise only once the PTC has issued an arrest warrant for a suspect because Art. 58 has been satisfied.
Read 11 tweets
May 25
The complementarity section of this post by @yuvalshany1 and @amichaic is wrong, for reasons I explained in my post @opiniojuris. If #Israel actively investigates the two suspects for substantially the same conduct at the OTP, it can challenge admissibility under Art. 19.
It doesn't matter how many #IDF soldiers #Israel is investigating. It doesn't matter that war makes it difficult to investigate senior leaders. It doesn't matter civil society has brought litigation re: starvation. It doesn't matter Israel prefers commissions to prosecutions.
It also doesn't matter that the authors (wrongly) think #Israel was somehow cheated out of its Art. 18 challenge by having the same rule applied to it that the ICC has applied to every other similarly situated state. (Afghanistan had no trouble invoking Art. 18.)
Read 4 tweets
May 20
The Prosecutor has just announced he has applied for five arrest warrants in #Palestine. Two are for Israeli officials: Benjamin Netanyahu, the Prime Minister, and Yoav Gallant, the Minister of Defence. Three are for Hamas leaders: Yahya Sinwar, Mohammed Dief, and Ismail Haniyeh.
Netanyahu & Gallant are charged with the war crimes of starvation, causing great suffering, wilful killing/murder & directing attacks against a civilian population. They are also charged with the crimes against humanity of extermination/murder, persecution & other inhumane acts.
Sinwar, Dief & Haniyeh are charged with the war crimes of murder, taking hostages, sexual violence, torture, cruel treatment & outrages on personal dignity. They are charged with the crimes against humanity of extermination, murder, sexual violence, torture & other inhumane acts.
Read 11 tweets
Apr 25, 2023
Some of us have argued that in order to create a genuinely international tribunal, a UNGA resolution would have to be supported by an overwhelming majority of the UNGA -- one that represented all of the world's regions.
Such a rule would be far less threatening to states worried about the precedent a UNGA-endorsed aggression tribunal would set, because it would ensure that future tribunals would be possible only in Ukraine-like situations, where the act of aggression is exceptionally clear.
Unfortunately, scholars like Jennifer Trahan have argued that any resolution adopted by the UNGA could create an international tribunal -- a rule that means a future "international" tribunal could be created by a relatively small number of states.
Read 9 tweets
Aug 6, 2020
This is a great thread — but it’s important to emphasise that there is no “correct” method of academic writing. Perhaps “write shit first and quickly” and then edit is a process that works for some people. It does not work for me. My first drafts are much closer to my final ones.
2. That does not mean I do not edit on the back-end. I do. But I do my “editing” at the front end — in terms of developing my outline. I outline obsessively and with increasing detail. At the beginning, I have nothing more than my section headings.
3. As I read, I add more headings and move them around to where I think they belong. I also cut and paste quotes from readings into the relevant sections and make notes within the sections about what I think I will argue there.
Read 13 tweets

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