From the Editors
[This is a roundup of news articles and other materials circulating on Occupation, Intervention, and Law and reflects a wide variety of opinions. It does not reflect the views of the O.I.L. Page Editors or of Jadaliyya. You may send your own recommendations for inclusion in each biweekly roundup to OIL@jadaliyya.com by Monday night of every other week]
“The Four ICC Staff Members Finally Released From Libya ”, Gentian Zyberi
The International Law Observer details the circumstances of the release of four International Criminal Court staff members from the custody of the Libyan government. The four staff members were visiting Libya to conduct work as part of Saif Gadaffi's defense team. Zyberi writes that this incident strengthens the case for Gaddafi's trial to occur at the International Criminal Court, rather than in Libya.
“UK Terror Suspect Appeals Extradition Ruling ”, Al Jazeera
In an attempt to avoid extradition to the United States, Abu Hamza, a London imam accused of establishing a "al-Qaeda-style" training camp in Oregon, has filed an appeal at the European Court of Human Rights.
“Trial for Lebanon PM's Killing Can Continue in Absentia ”, Thomas Escritt
A Special Tribunal for Lebanon has agreed to continue the trial of four men accused of assassinating Raik al-Hariri, former Prime Minister of Lebanon, in absentia. The Tribunal saw no reason to revisit a 2006 Lebanese court decision to try the four men in absentia.
“Guantanamo Bay Detainee Released to Sudan ”, Cindy Galway Buys
Mahmoud al-Qosi, a detainee at Guantanamo Bay and former bodyguard of Osama bin Laden, has been released to Sudan following the completion of a two year sentence. al-Qosi was the first detainee to be tried under the Obama Administration's revised rules for military tribunals, a trial in which he admitted to supporting al-Qaeda in exchange for the suspension of all but two years of his sentence.
“US Has No Idea Who's a Taliban 'Leader', Still Boasts About Killing Them ”, Spencer Ackerman
Writing for the Danger Room, Ackerman criticizes the ISAF's boasts of recent killings of al-Qaeda leaders given the coalition's non-existent definition of a leader beyond a vague notion of a leader as someone in charge of a group of "two or more". Pointing out that, by this definition of "leader", al-Qaeda insurgents have killed twice as many American "leaders" (according to Ackerman, any American in the coalition forces ranked sergeant or higher) as Americans have killed terrorist"leaders" since January 2011. "[The] emphasis on neutralizing Taliban leaders hasn't translate into a neutralized insurgency", Ackerman concludes.
"Online Kiobel Symposium: A Brave New World of Transnational Human Rights Litigation”, SCOTUSBlog
SCOTUSBlog hosts a series of blog posts from leading legal scholars on the implications of Kiobel v. Royal Dutch Petroleum, a case that will be decided in the upcoming Supreme Court term beginning 1 October. Kiobel raises issues of whether the Alien Tort Statute gives the United States the jurisdiction to judge violations of international law in other countries. Kali Borkoski opens the symposium with an explanation of the facts of the case and potential implications of the court's decision.
“The Absurd Military Commissions ”, Kevin Jon Heller
Responding to criticism that the International Criminal Court is inefficient or "has little to show for its first 10 years", Heller compares the International Criminal Court to another 10-year-old criminal justice institution--the United States military commissions at Guantanamo Bay. For all its efficiency on paper as compared to the International Criminal Court, Heller concludes the ICC has more to show for its efforts, in terms of the promptness of indictments, cost, and the length of sentences it has handed down, in the last ten years than the military tribunals.
“Obama's Administration Killed a 16-Year-Old American and Didn't Say Anything About it. This is Justice?", Tom Junod
Examines the history of the Obama Administration's use of targeted killings in Yemen and Pakistan, and poses the question that, given that the United States has been asked to put its faith in the Administration in the moral and logistical correctness of the attacks, was the killing of Abdulrahman al-Awlaki in a drone strike without accountability "a failure of the system, or how the system is supposed to work?"
"Light Sentence in Brutal Murder Shows Double Standard for Jews, Palestinians”, Ira Glunts
Writing for Mondoweiss, Glunts examines the recent 8-year sentence handed down to an Israeli teenager after a plea bargain for the murder of a Palestinian, an allegedly racially motivated crime. Though the punishment of the murderer (only identified as "A") was described by Israeli papers as "minuscule", similar cases where Arab youths have killed Israelis have received much longer prison sentences from Israeli courts.
"Opinion: Third Party Obligations With Respect to Israeli Settlements in the Palestinian Territories [pdf]", James Crawford
Crawford writes in an opinion circulated to European governments that said governments would be fully within the boundaries of international law to ban trade with Israeli settlements in the occupied West Bank. Writing for Opinio Juris, Kevin Jon Heller responds.
“Fact Sheet: The Humanitarian Impact of the Barrier”, Palestine Information Center
A fact sheet issued by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) concludes that if completed as planned, the separation wall built by Israel will isolate as many as 23,000 Palestinians. In addition, the sheet alleges that 85% of the wall's route will lay inside the West Bank, as opposed to the originally conceived along the green line.
“Translating Human Rights Into Practice: A Conversation on the United Nations Human Rights Council ”; 11 July 2012; Washington, DC.
“Academics Call on EU Commission to Exclude Israeli Companies from EU-Funded Research”, Jadaliyya Reports
“BDS at 7: Celebrating, Reflecting, and Further Mainstreaming”, Jadaliyya Reports
“Al Haq and Diakonia Seminar―'Annexation Wall: Lessons Learned and Future Strategy'”, Jadaliyya Reports
“The Palestinian Authority, UNESCO, and the Illusion of Triumph”, Ryvka Barnard
“The Forcible Transfer of the Palestinian People from the Jordan Valley”, Mercedes Melon
“Surviving Massacre: Hagop Arsenians Armenian Journey to Jerusalem, 1915-6”, Arda Arsenian Ekmeji
“Guilt, Property, and Sustaining Sttler Consciousness in Palestine ”, Yasmeen ar-Rayani
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