As always, great to have the chance to talk with the @asymmetricalh.bsky.social team and @janethanderson.bsky.social.

Round 1 of #TheGambia v #Myanmar saw a sustained attack by Myanmar on the credibility of UN fact-finding reports. The situation underscores the potential value in the ICJ hearing directly from the fact-finders, an issue I discussed on @ejiltalk.bsky.social in 2019. www.ejiltalk.org/the-challeng...

Before the ICJ began its public hearings in Gambia v. Myanmar, I planned to write a technical piece about the role of party presentation in the Court's genocide cases. To my surprise, it turns out that the whole case may turn on it. My latest @justsecurity.org

It was a real privilege to serve as the discussant for a great talk by Rick Lorenz of the Public International Law & Policy Group yesterday at @tcddublin.bsky.social: "Murder on the High Seas:? The Legal and Ethical Implications of US Attacks on Alleged Drug Traffickers".

#Rohingya case: Very interesting to learn that the sole expert to be called by #TheGambia next week at the #ICJ is Prof. Michael Newton from Vanderbilt Law School, with testimony on how the 2016-17 clearance operations cannot reasonably be called counterterrorism. law.vanderbilt.edu/bio/michael-...

One reason why the opening of the #ICJ hearing in #TheGambia v #Myanmar this morning is remarkable: When The Gambia filed the case in 2019, there was no guarantee it would be willing to stay the course and see the case through (arguably a heightened risk for cases brought by non-injured states).

The US Supreme Court just granted cert in Cisco v. Doe on (1) whether the Alien Tort Statute allows aiding and abetting claims & (2) whether the TVPA does. The case could strike a major blow to human rights law. For deep background on the law, read this article: papers.ssrn.com/sol3/papers....

The ICJ begins oral hearings in The Gambia v Myanmar on 12 January. MICHAEL A. BECKER looks ahead to what is at stake as the Court hears arguments on genocidal intent, fact-finding, and remedies in its first genocide case brought by a non-injured state. verfassungsblog.de/the-rohingya...

In a few months, we've progressed from snuff films of the US military killing civilians at sea to a snuff film of paramilitary secret police killing a mom in Minnesota—in both situations bogusly invoking "terrorism."

With the #ICJ hearing in #TheGambia v #Myanmar kicking off on Monday, I put together some thoughts over at @verfassungsblog.de on key issues to consider for those following this important #GenocideConvention case. A quick summary. verfassungsblog.de/the-rohingya...

I joined Morning Ireland on @rteone.rte.ie today to talk #Greenland & #Venezuela, the return of gunboat diplomacy and a US focus on regional dominance that amounts to a continuing and dangerous repudiation of the post-1945 world order, with no end in sight. www.rte.ie/radio/radio1...

Also notable: ICJ will hear from fact witnesses (closed session) an an expert witness. Will be very interesting to see what type of expert, especially if #TheGambia is calling a member of the Independent International Fact-Finding Mission on #Myanmar (since they rely so extensively on its reports).

Six years after #TheGambia instituted #ICJ proceedings against #Myanmar under the #GenocideConvention, the Court will hold the oral hearing next month (www.icj-cij.org/sites/defaul...). Notably, it won't allow the 11 intervening states to participate, per recently-amended Art 86 of the Rules.

I am very pleased to see that the #ICJ has taken the decision to amend its rules to facilitate publishing party reports on the implementation of provisional measures. This is a common sense reform that I have been advocating for since 2020 (opiniojuris.org/2020/08/25/r...).

A few comments on the current situation regarding SA’s case against Israel, with colleagues @mikebecker.bsky.social & Juliette McIntyre. #GazaGenocide www.middleeasteye.net/explainers/i...

Spoke with @washingtonpost.com about the absence of legal justification for the U.S. government’s premeditated killing of people aboard boats in the Caribbean. “In essence, the President is asserting a license to kill outside the law.” www.washingtonpost.com/national-sec...

Some initial observations on yesterday’s report by the Independent International Commission of Inquiry on Palestine and Israel, led by former UN High Commission for Human Rights Navi Pillay. #Gaza

It was great to present (w/Cecily Rose) on dialogue between ICJ judges & counsel at the Sixth Scottish Conference on International Law at the University of Glasgow this week. Many thanks to @jamesgdevaney.bsky.social, @cjtams.bsky.social, @matinapapadaki.bsky.social for hosting a marvelous event.

1/ I worked at DoD. I literally cannot imagine lawyers coming up with a legal basis for lethal strike of suspected Venezuelan drug boat. Hard to see how this would not be "murder" or war crime under international law that DoD considers applicable. Read expert analysis by @bcfinucane.bsky.social⤵️

Some more reporting from on ICJ Judge Sebutinde's controversial remarks about 'standing on the side of Israel', with comments from me, @drnajimagi.bsky.social, and @sevslv.bsky.social. www.middleeasteye.net/news/after-r....

Legal Tribune Online (‪@lto-de.bsky.social‬) hat 11 Völkerrechtsexperten gefragt, ob Israel in #Gaza einen Völkermord begeht. Eindeutig bzgl 🇩🇪's Präventionspflicht. Mit Analysen u.a. von @adhaque.bsky.social, @tomdannenbaum.bsky.social, @mikebecker.bsky.social and @itamann.bsky.social

Happy to share my new publication in the Leiden Journal of International Law: "Recent developments in reliance upon third-party fact-finding at the International Court of Justice". Available here: www.cambridge.org/core/journal....

Legal Tribune Online (@lto-de.bsky.social) asked eleven scholars whether Israel's actions in #Gaza now meet the legal definition of genocide. I am quoted alongside @adhaque.bsky.social, @janinadill.bsky.social, @tomdannenbaum.bsky.social, @itamann.bsky.social and others. www.lto.de/recht/hinter...

Amidst the unending horrors of #Gaza, I spoke to @davidmacredmond.bsky.social at @thejournal.ie about complicity in genocide & the distinct obligation of states to prevent genocide. There is no question that the 'serious risk' threshold (which triggers that duty) was met in Gaza a long time ago.

One point to clarify about #SouthAfrica v #Israel at the #ICJ. The case is not really moving at a slower pace than other ICJ cases. It’s typical for ICJ cases to last 4-5 years & I don’t see any particular effort on the ICJ’s part to slow things down further due to nature of this case.

but don't forget: While the International Court of Justice answered legal questions, climate change and its consequences are everything but legal. International (environmental) law is a tool, not the answer. The most important passage of the advisory opinion are these non-legal statements below 👇

Such helpful clarification by Judge Cleveland: [T]he interpretation of investment instruments must be informed by States’ obligations in respect of climate change under international law, incl the stringent due diligence standard... www.icj-cij.org/sites/defaul...

1/ Some quick takes on the #ICJ #AdvisoryOpinion on #ClimateChange from a #futuregenerations and #intergenerationalequity perspective...

The #ICJ advisory opinion covers a lot: customary status of climate change-related obligations, what due diligence means for adaptation/mitigation measures, the impact of sea-level rise on statehood, what types of fossil fuel-related activities might constitute an internationally wrongful act. 1/6

#ICJ says fossil fuel production and consumption, granting of fossil fuel exploration licenses, or provision of fossil fuel subsidies may constitute an internationally wrongful act. This is getting into the zone of the ICJ going beyond what states will find credible or politically acceptable. Risky.

#ICJ weighing in on a very popular question of research among students and scholars (the 'deterritorialized state'). Let 1000 PhD theses bloom.

This is important guidance from the #ICJ about what due diligence requires in the context of the duty to cooperate on climate change adaptation/mitigation. Why is this important? Because it provides a potential blueprint for climate litigation in domestic courts (see Juliette's next few posts, too).

I'm a bit late to this today, follow Juliette for the details. ⬇️ My two big questions coming in: Will the #ICJ say anything useful, especially in terms of climate litigation in domestic courts? Will the #ICJ say anything that undermines or undercuts the goals of climate activists? #ClimateChange

All the more reason for the #ICJ to have taken a different approach to the IPCC reports last year. verfassungsblog.de/the-icj-meet...

Trump's terrible decision to abandon #JCPOA in 2018 was and remains indefensible. A foreign policy blunder of epic proportions. Excellent piece by Gregory Craig that lays out Trump's continuing strategic idiocy re #Iran. www.justsecurity.org/115325/trump...

I missed the news in March that #Armenia and #Azerbaijan peace negotiations may be heading towards the withdrawal of all pending cases between the two states at the #ICJ and #ECtHR. Some interesting reflections on the potential dilemma for the ECtHR here: strasbourgobservers.com/2025/06/06/a...

Here's a highly topical contribution at @opiniojuris.bsky.social on the relevant standard at the #ICJ when it comes to inferring genocidal intent from indirect evidence and the contested meaning of the 'only reasonable inference test'. opiniojuris.org/2025/05/26/g...

The General Assembly and Security Council have elected Mahmoud Daifallah Hmoud (Jordan) to fill the #ICJ seat vacated by Nawaf Salam (Lebanon) in January. Hmoud will serve only until February 2027 (when Salam's term would have ended) unless reelected at the next triennial elections in November 2026.

Hey, check out the #NYU University Student Conduct Policy: "The University is a community where the means of seeking to establish truth are open discussion and free discourse. It thrives on debate and dissent, which must be protected as a matter of academic freedom . . ." 1/3

The programme for the 25th Summer School on the International Criminal Court is now out. Terrific line-up of speakers. Taking place @uniofgalway.bsky.social from 9-13 June 2025. Registration closes 31st May.

👇🏽

The #ICJ has dismissed #Sudan’s case against #UAE, but the #UAE’s reaction merits caution. UAE states that the outcome proves that Sudan’s case was ‘unfounded and lacks any basis.’ That is the wrong takeaway from the ICJ decision. 1/2 www.mofa.gov.ae/en/MediaHub/...

#Sudan v #UAE: #ICJ decides 14-2 to reject Sudan's request for provisional measures due to lack of prima facie jurisdiction; ICJ also decides 9-7 to remove the case from the General List, thus ending the case. Close vote on dismissal is interesting given the broad agreement on the first point.

Notwithstanding the public holiday, the #ICJ will hold a public sitting today to issue its decision on #Sudan’s request for provisional measures against #UAE based claims arising under the 1948 #GenocideConvention. There are three possible outcomes. 1/7

And the fourth Advisory Opinion request to the African Court.

Trump's trade war has renewed calls for Ireland to ratify the EU-Canada Comprehensive Economic and Trade Agreement (CETA) but it remains unclear how legislation can cure the constitutional defect identified (wrongly, in my view) by the Irish Supreme Court in Costello. www.finegael.ie/ceta-ratific...

I spoke with the Italian Institute for International Political Studies (IPSI) this week to comment on Israeli Prime Minister Netanyahu's recent visit to Hungary and how this episode underscores challenges for international criminal justice. www.ispionline.it/en/publicati...

I spoke with Newshour today about Sudan's new #ICJ case against UAE. Sudan alleges that UAE support for the Rapid Support Forces amounts to complicity in genocide & seeks provisional measures but the ICJ very likely lacks jurisdiction to proceed. Starts at 14-min mark: www.bbc.co.uk/sounds/play/....

This is an excellent recap by @drmelob.bsky.social of #Sudan's arguments in the ICJ hearing today re its request for provisional measures against #UAE. Not only does Sudan argue that Art IX reservations are invalid, it suggests UAE's reservation does not ambiguously exclude ICJ dispute settlement.

The advance copy of my (revised) take on South Africa v Israel at the #ICJ is now available at the Melbourne Journal of Int'l Law: law.unimelb.edu.au/__data/asset.... It is deeply regrettable that the last several months have only amplified the inefficacy of the ICJ's interventions in #Gaza.