Prof of Intl Law & Security, U of Copenhagen, Centre for Military Studies. Special Adviser to ICC Prosecutor on War Crimes. Member, Doughty Street Chambers (UK)
Oct 11 • 8 tweets • 2 min read
The OTP's response to Israel's jurisdictional challenge in the #Palestine situation is now publicly available. The response was filed well before the deadline -- illustrating the importance of the arrest warrants being issued as soon as possible. icc-cpi.int/sites/default/…2. There is very little new in Israel's challenge; nearly all of its arguments were already made by various states and organisations during the amicus process, which Israel could have participated in -- but chose not to.
Sep 20 • 5 tweets • 1 min read
For those wondering: although I have not seen the briefs, I assume that Israel is taking its one opportunity under Art. 19(2)(b) to challenge jurisdiction and admissibility. Suspects cannot make such challenges prior to the issuance of an arrest warrant -- Art. 19(2)(a).
That is not (necessarily) the case for states. Art. 19(5) requires them to challenge jurisdiction and admissibility "at the earliest opportunity." There is very little jurisprudence at the #ICC concerning Art. 19(5).
Jun 25 • 5 tweets • 1 min read
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.
Jun 7 • 11 tweets • 3 min read
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.
May 25 • 4 tweets • 1 min read
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.
May 20 • 11 tweets • 2 min read
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.
Apr 25, 2023 • 9 tweets • 2 min read
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.
Sep 17, 2020 • 21 tweets • 19 min read
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.
Aug 6, 2020 • 13 tweets • 4 min read
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.
May 1, 2020 • 24 tweets • 27 min read
The OTP has filed its response to the various submission in the #Palestine situation. I still maintain asking the PTC to decide now was a mistake. I think the OTP is quite likely to lose. icc-cpi.int/CourtRecords/C…#ICC#Israel2. The OTP opens (para. 3) by expressing regret at the adversarial tone of some of the amicus briefs, citing the ridiculous ones filed by @ECLJ_Official, @ShuratHaDin, and the Israeli Bar Association.
Oct 1, 2019 • 26 tweets • 11 min read
The OTP has filed its appellate brief in the #Afghanistan situation. It cites a few scholars, including me, Dapo Akande, @tdesouzadias, and others. icc-cpi.int/CourtRecords/C…#ICC@tdesouzadias 2. Interestingly, the OTP is trying to get the Appeals Chamber to consider the scope of the investigation — the rejected third issue — by folding it into the second issue, whether the PTC correctly interpreted the “interests of justice.” See para. 8. Smart!
