Assistant Professor @TCDLawSchool. Previously International Court of Justice (@CIJ_ICJ). @YaleLawSch, @ENS_ULM, @AmherstCollege. Chicago-born. Opinions my own.
Apr 26 • 5 tweets • 1 min read
Re Judge Donoghue's @BBCHARDtalk interview: I realize this won't satisfy many people, but there is a difference between saying (1) that the ICJ did not decide that claims of genocide are plausible (what she said) and (2) that the Court decided that such claims are NOT plausible.
The ICJ did NOT reject South Africa's genocide claims or declare than implausible (this is consistent with Judge Donoghue's remarks). One could instead think about this (i.e., plausibility of the *claim*) as a question the Court did not need to decide in granting interim relief.
Apr 9 • 7 tweets • 2 min read
Having now had the chance to read the Day 2 transcript in #Nicaragua v #Germany, I think Nicaragua may come up empty at the #ICJ. Not because the law means that Nicaragua’s claims are fundamentally flawed or inadmissible, but because the facts, it appears, are on Germany’s side.
Germany’s argument on prima facie jurisdiction (plus Monetary Gold) was not wholly convincing. The key difference b/w claims based on existence of a serious risk of IHL violations/genocide versus claims requiring prior establishment of violations was too easily brushed aside.
Mar 28 • 20 tweets • 4 min read
In response to #SouthAfrica’s request of 6 March 2024 & the deteriorating situation in #Gaza, the #ICJ has modified the provisional measures that it indicated against #Israel on 26 January. Here are some key points and observations on the decision and the separate opinions.🧵1/20
What has the ICJ ordered Israel to do? By unanimous vote, the Court directed Israel to take all necessary and effective measures to ensure unhindered provision at scale of urgently needed aid and basic services, including by increasing the number of land crossing points. 2/20
Jan 26 • 11 tweets • 2 min read
The #ICJ will issue its decision on #SouthAfrica’s request for provisional measures against #Israel starting at 1 pm today in The Hague. If you are watching the live feed at UN Web TV (), here are some key points to look out for. 🧵tinyurl.com/5n6m94px
Preliminary point: The ICJ will not make any determination today about whether Israel’s actions in #Gaza amount to genocide. This is a question for the merits phase. This decision is about protecting the rights at issue while the case is pending.
Jan 11 • 5 tweets • 1 min read
From a legal perspective, this part of Vaughan Lowe's intervention on behalf of South Africa is absolutely essential to anticipating and addressing the core of the arguments we can expect to see from Israel tomorrow.
Making important points here about why South Africa cannot ask the ICJ to direct PMs at Hamas, and highlighting the fact that Israel's claim that it does everything it can to abide by IHL & spare civilians is undermined by Israel's actual actions, which tell a different story.
Dec 30, 2023 • 9 tweets • 2 min read
The best way to answer this is by looking at the PMs that South Africa has requested (para 144 of the request). In many respects, these requests track the PMs requested in the case against #Myanmar. In that case, the #ICJ granted some of the requested PMs but rejected others. 1/9
SA seeks PMs directing Israel: to suspend military ops in #Gaza (1, 2, 3); abide by its obligations under the #GenocideConvention (4, 6); and prevent expulsion/forced displacement, deprivation of food/water/humanitarian aid, and ‘destruction of Palestinian life’ in Gaza (5). 2/9
Dec 29, 2023 • 7 tweets • 2 min read
Two points about #SouthAfrica’s new #ICJ case against #Israel alleging violations of the #GenocideConvention re #Gaza. First, it's important to recall that at the provisional measures phase, the #ICJ does *not* need to determine whether Israel has committed acts of genocide. 1/7
Instead, the #ICJ will consider (i) whether acts complained of by South Africa are capable of falling within provisions of the #GenocideConvention, and (ii) whether Palestinians in Gaza face a real and imminent risk of genocide going forward (& while the case is pending). 2/7
Mar 16, 2022 • 19 tweets • 5 min read
A few initial observations about the #ICJ's order today indicating provisional measures in #Ukraine v #Russia. The bottom line is that the Court has ordered Russia to suspend immediately, without qualification, the military operation against Ukraine begun on 24 February. 1/19
As expected, the #ICJ found a dispute was established prior to seisin of the Court based on Russia’s conduct since 2014, incl criminal proceedings brought by Russia against Ukrainian officials for alleged acts in violation of the Genocide Convention. 2/19
Mar 6, 2022 • 11 tweets • 6 min read
One of the issues in the provisional measures hearings in #Ukraine v #Russia this week is how the parties and the #ICJ deal with the requirement of plausibility of rights. Ultimately, I do not think this should pose a barrier to the ICJ indicating some form of measures. 1/11
Recall that #Ukraine is asking the #ICJ in the main case to find that Ukraine itself has not committed any acts of genocide, contrary to Russia’s accusations. This type of request is novel at the ICJ. 2/11
Mar 4, 2022 • 12 tweets • 6 min read
As expected, the UN Human Rights Council (@UN_HRC) has established an international commission of inquiry for #Ukraine. The structure & mandate of the new body combines aspects typical of commissions of inquiry with elements of the new ‘investigatory mechanism’ model. #HRC49 1/11
By that I mean that the #Ukraine COI has a typical structure (a three-member panel) and a typical mandate: to investigate all violations and abuses of IHRL & IHL, to examine factual circumstances and the root causes of violations, and to recommend accountability measures. 2/11
Sep 24, 2021 • 35 tweets • 14 min read
Well that didn't take long. After #Armenia initiated an #ICJ case against #Azerbaijan last week re #CERD violations, Azerbaijan said it would respond in kind. Yesterday, Azerbaijan filed its own case against Armenia, also under the CERD and also seeking provisional measures. 1/35
Since I summarized #Armenia’s claims last week, it seems only fair to provide an overview of #Azerbaijan’s claims now. Another #CERD case, another long thread from me (sorry). 2/35
Sep 23, 2021 • 31 tweets • 11 min read
We finally have the long-awaited decision in #TheGambia’s lawsuit in US federal court against #Facebook seeking disclosure of material for use in its pending case against #Myanmar at the #ICJ (alleging genocide against the #Rohingya). Here's an overview. 1/30
In brief, the federal magistrate judge handling this matter rejected #Facebook’s statutory & policy arguments and granted an order compelling Facebook to produce to #TheGambia the bulk of the material requested, but denying its request to depose a Facebook representative. 2/30
Sep 16, 2021 • 20 tweets • 12 min read
An overview (w/some preliminary observations) of the new #ICJ case by #Armenia against #Azerbaijan based on alleged violations of the Convention on the Elimination of All Forms of Racial Discrimination (#CERD). This is the fourth CERD-based case at the ICJ since 2008. 1/20
#Armenia alleges that #Azerbaijan has subjected individuals of Armenian ethnic/national origin to racial discrimination for decades and fosters hatred towards Armenians as a matter of state policy. (Both parties acceded to the CERD in the 1990s.) 2/20
Oct 16, 2020 • 14 tweets • 6 min read
The #ICJ has named the four experts that it has commissioned to produce a report on #DRC’s damages claims in the #ArmedActivities case. I previously discussed the decision to seek this opinion. Now we have the list of names, which is very interesting. 1/14 icj-cij.org/public/files/c…
Recall that the expert opinion is supposed to address three heads of damages sought by the #DRC from #Uganda: (i) civilian deaths and compensation due; (ii) quantity and valuation of natural resources plundered; and (iii) scale and cost of property damage. 2/14
Sep 23, 2020 • 20 tweets • 6 min read
A few points of note on the #ICJ’s order deciding to appoint experts on the question of #reparations in #DRC v #Uganda, which is available here: icj-cij.org/files/case-rel… 1/19
Recall that in its 2005(!) judgment, the Court found that Uganda bore responsibility for unlawful use of force, unlawful intervention, atrocities inflicted upon the Congolese that violated IHRL and IHL, and the unlawful exploitation of natural resources. #ArmedActivities 2/19
Sep 17, 2020 • 4 tweets • 3 min read
Today marks the first meeting of the @WHO-established Independent Panel for Pandemic Preparedness & Response. The inquiry has its own snazzy website (theindependentpanel.org) and twitter account (@TheIndPanel). Panel is to agree on fact-finding methods & ways of working today.
The list of panel members is here (theindependentpanel.org/panel-members). Contrary to some earlier press reports, there is gender balance here (this is good). But absence of international law experience still jumps out to me given the many legal questions implicated by the #COVID19 pandemic.
Sep 5, 2020 • 12 tweets • 7 min read
UPDATE: In the ongoing litigation between #TheGambia and @Facebook in the US, The Gambia has submitted its response to FB’s surreply (meaning that the application for an order compelling discovery under §1782 has now been fully briefed). Here’s a rough summary: 1/12
Recall that Facebook’s position is that the Stored Communications Act, a US privacy law, would prevent it from being able to comply lawfully with the request for documents that #TheGambia seeks (including posts by #Myanmar officials & affiliated groups that FB removed). 2/12
Sep 3, 2020 • 11 tweets • 5 min read
Update in #TheGambia v Facebook litigation in the US, where @Gambia_MOJ seeks a court order compelling Facebook to disclose various materials re #Myanmar. The Court has allowed another round of briefing, and @Facebook has filed a sur-reply. Here's what's happening. #Rohingya 1/11
Facebook argues that The Gambia’s application under §1782 asks for a subpoena with which Facebook could not lawfully comply. Recall that The Gambia seeks disclosure of posts by Myanmar officials & affiliated groups that FB has removed, plus drafts & private communications. 2/11
Sep 2, 2020 • 6 tweets • 5 min read
Wow, this is a major development in #TheGambia v #Myanmar case at the #ICJ. The Netherlands and Canada have announced their joint intention to intervene in the case. #Rohingya#GenocideConventioncanada.ca/en/global-affa…
The joint statement is thin on details, but Canada and The Netherlands will presumably seek to intervene as non-parties under Article 63 of the ICJ Statute (based on their status as parties to the #GenocideConvention).
Aug 19, 2020 • 17 tweets • 6 min read
#TheGambia has filed its reply in US Federal Court to @Facebook’s arguments opposing discovery under §1782 in relation to the #genocide case against #Myanmar at the #ICJ. Here’s a thread summarizing The Gambia’s argument. For Facebook’s argument, see my prior thread (below). 1/17
#TheGambia argues that Facebook wrongly claims its hands are tied by US law, precluding its co-operation. The Gambia’s main argument is that the Stored Communications Act (SCA) (invoked by Facebook) doesn't cover the requests, or, if it does, that statutory exceptions apply. 2/17
Aug 5, 2020 • 15 tweets • 7 min read
Update: @Facebook has filed its opposition to #TheGambia’s §1782 request in US Federal Court for discovery re the #genocide case against #Myanmar at the #ICJ. @Gambia_MOJ seeks access to a wide range of public and private communications by Myanmar officials. #Rohingya 1/15
A short summary: @Facebook argues that the proposed discovery order would require it to violate the Stored Communications Act (SCA)(§ 2702(a)), a US law that prohibits providers of an ‘electronic communications service’ from disclosing the content of user communications. 2/15
