2023, and so it begins…converting thesis into book manuscript!
Provisional title 👇🏿
International Law’s New Sovereigns: Regional Inter-Governmental Organisations and International Criminal Accountability.
Int’l lawyers loved the Genocide Convention till
#SouthAfrica
hauled
#Israel
to
#ICJ
. Now ‘we’ are concerned re:
- eroding ICJ legitimacy
- impact ‘on the ground’
- ‘genocidefare’😬
- treaty withdrawal
- jurisdiction reservations
As we say in Swahili, ‘Watu sio wajinga!’🙄
1/3
While I was away,
#SouthAfrica
invoked the Convention against Genocide and dragged
#Israel
to
@CIJ_ICJ
re
#Gaza
/
#Palestine
🕺🏿, & like clockwork, international law folks are already in a frenzy (even those who’ve been hitherto silent re the carnage).
So, who’ll intervene? 🧐
1/5
@GerhardKempICL
It’s incredible how much (some) international lawyers are willing to twist themselves into uncomfortable knots conjuring up ridiculous ‘arguments’ simply because their favourite international law violator is being called out 🤦🏿♂️
Ok, so now I’m Dr. Owiso Owiso 🕺🏿
Today I successfully defended my PhD thesis in
#PublicInternationalLaw
. It’s been a long road; I’m very happy and proud (and also very tired).
PS: I’m accepting presents in the form of holiday vouchers😁
While I was away,
#SouthAfrica
invoked the Convention against Genocide and dragged
#Israel
to
@CIJ_ICJ
re
#Gaza
/
#Palestine
🕺🏿, & like clockwork, international law folks are already in a frenzy (even those who’ve been hitherto silent re the carnage).
So, who’ll intervene? 🧐
1/5
This Friday, Prof
@Phoebe_Okowa
will submit on behalf of
#Namibia
in
@CIJ_ICJ
Advisory Opinion re Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem🕺🏿🥳
Isn’t it curious that these ‘concerns’ are only bothering ‘us’ now, but they never have on previous occasions when the Genocide Convention was invoked (Croatia v Serbia, BiH v Serbia&M, TheGambia v Myanmar, Ukraine v Russia)?
Your meaning is clear; we see you! 🧐
2/3
So the man (Andrew Cayley) who ‘played a key role’ in the former ICC Prosecutor’s decision to abandon the Iraq/UK investigation has now been appointed by
@KarimKhanQC
to lead the
#ICC
’s
#Palestine
investigation 🤔
Ok 🤨✌🏿
@_AfricanUnion
,
@arableague_gs
and a handful of States (Africa, M&E, Asia, LatAm) may intervene in support of
#SouthAfrica
, but I suspect that most will fence-sit (more out of cowardice/hypocrisy than principle). Anyway, this is going to be interesting🧐 The watch begins!
5/5
An anonymous reviewer just ‘corrected’ my spelling from African Court on Human and Peoples’ Rights to African Court on Human and People’s Rights, and then launched into a long explanation of the use of an apostrophe to show possession🤦🏿I really do not know what to think 🤔
I mean, it’s great that ‘we’ have finally found those voices that we lost these past months as
#Israel
’s carnage in
#Gaza
unfolded and we now have a lot to say re
#SouthAfrica
v
#Israel
at
@CIJ_ICJ
, but can ‘we’ at least be consistent in our logic (or lack thereof)? Please!
3/3
Some lawyers who normally advise EU States on int’l law are already twisting themselves into uncomfortable knots (some even derisively calling it ‘genocidefare’), so don’t expect much support from Europe on this one. Selective interpretation is the norm for them 🤷🏿♂️
3/5
After 3 wonderful years in Luxembourg, this nomad will, in a few months(?) - depending on the whims of Dutch immigration deities - move to
@GroningenLaw
as a Lecturer, Public International Law.
Here’s to a future of less nomadism and more international law, biking… & clownery🥂
‘I follow you because your international law tweets are interesting. But your tweets on things like racism make me uncomfortable’ 😂
How entitled do you have to be to DM something like this? 😳
Oh well, I called it ☹️
#Germany
is the first to announce intention to intervene in
#SouthAfrica
v
#Israel
at
@CIJ_ICJ
, and unsurprisingly, they will be intervening in support of Israel!
There’s no politer way to say this: may history judge you unkindly, Germany ✌🏿
Two things can simultaneously be true:
1. Bombing State A’s embassy in State B is a violation of B’s territorial integrity, & of the inviolability of A’s diplomatic premises = violation of int’l law!
2. Retaliatory attack is not legitimate use of force (not self defence)!✌🏿
Coming out of ‘retirement’ to start a law firm. Tough stuff 😳
Anyway, swing your (domestic & international) legal issues our way 🙏🏿 We are based out of Nairobi!
#ICC
Chief Prosecutor
@KarimKhanQC
is visiting
#Israel
at the request and invitation of survivors & the families of victims of the 7 October attacks.
The Prosecutor will also visit
#Ramallah
, State of
#Palestine
, meeting w/ senior Palestinian officials.
We likely won’t see the kind of intervention numbers as in
#Ukraine
v
#Russia
. While most interveners in Ukraine/Russia have vocally supported
#Israel
’s carnage in
#Gaza
, I bet most (esp. European States) won’t come out openly to intervene in support of Israel at
@CIJ_ICJ
.
2/5
Increasingly, I’m intensely disliking international lawyers. Humans are being slaughtered while politicians/governments cheer on, and some of us think it’s the appropriate time to write sanctimonious opinion pieces quibbling over subtle points of international law. Shame on us 😡
Talmon is trying way too hard to trivialise
#SouthAfrica
’s case against
#Israel
🤦🏿♂️
@CIJ_ICJ
judges are some of the world’s best international law minds. The court is very capable of determining what is or is not a credible case.
Give it a rest, mate…and have some tea, maybe 🤷🏿♂️
“[M]aking problematic legal claims in order to meet jurisdictional conditions does not serve the interest of promoting international law’s effectiveness and credibility in the long run, especially when those claims would nowhere near suffice if the Court ever addresses the…
On 08.09.22, I’ll defend my PhD thesis at
@uni_lu_FDEF
. It’s been a long journey (almost 4 years, & part of it mid-pandemic). I’m very proud of myself, but also exhausted and a bit disillusioned with
#InternationalLaw
. Nevertheless, I look forward to what the future holds 💪🏿
LONG (SUB)TWEET!
International lawyers are generally insufferable, but (some) USA-n ones more so for their unique ability to conjure up ‘legal’ arguments to justify US rule-breaking, while playing gymnastics with these same arguments to condemn everyone else!
1/7
So one of my side-projects [‘Seeking “Truth” After Devastating, Multi-Layered Conflict: The Complex Case of
#TransitionalJustice
in
#SouthSudan
’] published in
@jihls
was awarded the 2021 prize for Best Article by a Junior Scholar🕺🏿
(they think I’m a scholar 🤪🤭)
1/2
More 👇🏿
Having been through the hell that is unpaid UN and ICC internships myself, this post by
@ZangenehParisa
is timely! Unpaid internships are the beginning of the lack of diversity in int’l organisations, which then cascades to all levels...1/2
I’ll address
@KarimKhanQC
directly (yes, he runs his own Twitter account) in good faith.
Dear KK,
The majority world has noted with approval your enthusiasm re
#Ukraine
, and with much concern your indifference re other situations e.g
#Palestine
,
#Afghanistan
,
#Nigeria
etc
1/9
Yho, good morning
@KarimKhanQC
👋🏿 I hope this Tweet finds you well in The Hague (or mid-flight from/to your many travel destinations)!
Quick one: Does this mean that the arrest warrants are coming soon…or is this just the usual tantrum of a maniacal war criminal?
UN GeneralAssembly adopts resolution (Protection of Civilians and Upholding Legal and Humanitarian Obligations) re ongoing
#Gaza
crisis. Not binding, but powerful!
In favour: 120
Against: 14
Abstentions: 45
May we never forget those who voted against humanity/abstained! ✌🏿
My thoughts are with students from African countries stranded on the
#Ukraine
/
#Poland
border, being treated like the wretched of the earth! Even in the middle of a war, ‘fortress’ Europe can’t pause the racismo 🤦🏿♂️
@_AfricanUnion
@AUC_MoussaFaki
@EbbaKalondo
, any word?
Whenever there’s escalation in
#OccupiedPalestinianTerritories
(
#Palestine
), the int’l law crowd’s shaky value system becomes clearer. From the usually vocal ones who suddenly lose their voices, to those twisting themselves into ridiculous knots to excuse the indefensible!
1/3
I’ll just go out on a limb here and say that not every opinion deserves a platform…and especially not of the war crimes and genocide apologist/celebratory kind ✌🏿
@opiniojuris
SALC's letter to all 33 African
#ICC
State Parties requesting support of ICC investigations in
#Palestine
situation - endorsed by 34 African organisations and 51 individuals from Africa - Full Letter is available here:
False equivalence and whataboutism in defence of apartheid 🤦🏿♂️
Listen folks, you don’t have to platform apologists of oppression in the name of ‘balanced debate’. Your symposium will be just fine. A peoples’ humanity is not a debatable issue!
[Yes, still sub-tweeting]
As I turn a year older, I have two wishes for the year (in that order):
1. Defend my seemingly unending PhD.
2. Retire to a farm someplace and brew tea for the rest of my days.
Bye international law/academia/lawyering. Though brief and intense, it was nice knowing you👋🏿😁
Under Article 31, paragraphs 2 & 3, of the Statute of the International Court of Justice, SA approached Justice Dikgang Moseneke, to join ICJ judges & hear SA’s case against
#Israel
. Prof
@DireTladi4ICJ
starts tenure in Feb.
LISTEN | Mr
@ClaysonMonyela
, Head of
#PublicDiplomacy
Watching
#TembekaNgcukaitobi
, SC addressing
@CIJ_ICJ
on ‘genocidal intent’ in
#SouthAfrica
v
#Israel
and quoting Israeli political/military leaders and showing footage of jubilant soldiers celebrating their atrocities, you realise how bold, careless and reckless Israel has been😡
So
@JoBluen
,
@OumarKBa
and I wrote a thing (bye ICC jobs😜)
‘The Geopolitics of Race, Empire, and Expertise at the
#InternationalCriminalCourt
’…and it’s open access 👇🏿
A kick-boxer, a future cow-herder and a tea-farmer talk int’l law (Oumar’s words) 😅
My short paper, 'International Law and the Protection of Children Associated with Armed Forces and Armed Groups: Reconciling Normative Standards on Recruitment and Participation' was published in the Journal of International Law of Peace and Armed Conflict.
1/2
Today, let’s talk about the
#ICC
, an aggression tribunal,
#Ukraine
,
#Russia
, criminal accountability, and so-called whataboutism.
To be clear, I support ICC’s role in Ukraine, and a hybrid/internationalised tribunal for aggression. I’ve said this publicly many times.
1/10
In The Hague for the month hoping to find inspiration to get some (thesis) writing done, but I already suspect that I’ll just spend the next four weeks stuffing my face with stroopwafel 🤭
Whatever one thinks of
@KarimKhanQC
’s and
@IntlCrimCourt
’s performance re
#Palestine
thus far, I hope we can all agree that it would be great to see concrete action (e.g arrest warrants) in 2024🤞🏿
5/5
As always, I comment in good faith ✌🏿
This Tweet by
#Kenya
’s Foreign Affairs PS (in personal capacity) on
#SouthAfrica
v
#Israel
is rubbish.
@CIJ_ICJ
exists precisely to adjudicate complex legal questions, and particularly so now that UN Security Council has failed!
Waikwa, at a personal level, I appreciate the approach by South Africa and laud its leadership. However, a complex issue of this magnitude, will certainly not find resolution through judicialization. Consequently, we will continue to work through the political organs of the…
Today
@IntlCrimCourt
issued a reparations order of $30 Million against
#BoscoNtaganda
, convicted for war crimes and crimes against humanity in 2019. While this is a a good thing, the problems with the
#ICC
's reparative mandate persist.
1/3
Today’s
#Putin
arrest warrant is proof that-
1)
@IntlCrimCourt
Prosecutor can actually conduct expeditious investigations, if they’re so inclined; and
2)
#ICC
can actually go after the P5, if it’s so inclined.
Hopefully, this doesn’t stop at those P5 that ‘we’ don’t like 🤞🏿
I'm always confused when folks refer to 'Western values' re dignity, human rights, (international) justice, democracy. Are you saying that only 'Westerners' (whatever that even means) aspire to a life based on dignity and justice?
These are HUMAN values! All humans aspire to them
With int’l law world’s toxicity re racialised/marginalised peoples, I’m often asked if it’s really worth it.
My take: Yes, this IL world has many bigots. However, for every 1 such person, there are 5+ decent humans who share your human values. Seek out the latter, and thrive!
I Tweet (& write) quite a bit about
@IntlCrimCourt
because I believe in the noble objectives behind its establishment. My regular critique is because I’d love to see the
#ICC
do better; not because I don’t support it. Folks really should be able to take (good faith) critique🤦🏿♂️
In the words of
@monaeltahawy
, ‘Racism is not civil. Racism is not polite ... I refuse to be civil with someone who refuses to acknowledge my humanity fully.’
#Stormzy
owes nobody a duty of civility/politeness. He said what he said. Sit with it; deal with it!
Because it's a hot mess in my DMs, here's a mini-thread.
Several things can be concurrently true: 1)
@IntlCrimCourt
external defence teams are grossly underfunded & have atrocious labour terms; 2)
#ICC
defence is a White club; 3) these issues can be discussed concurrently.
1/8
‘Joint criminal enterprise (JCE)’ is truly the bane of international criminal law.
Nobody really seems to know what this animal is, yet we all pretend to 👀
Random question.
You all who teach international law, how do you explain uti possidetis juris to your students with a straight face?
Since 2019, my Gen Z students have looked at me like I’m nuts, and I’ve felt my ancestors judging me harshly every second🤦🏿♂️
Listen folks. I Tweet what I like. Mostly it’s international law stuff. I also regularly call out bigotry, harshly. Don’t like it? Take a hike (Twitter-speak for ‘unfollow’) 🤷🏿♂️
@AlisonStine
Read this while sitting in a bus full of PhD-ers and I instinctively looked around at all their faces 🤣 Yes, they’re all crying ‘tearlessly’
“The Palestinian struggle against Israeli settler-colonialism produced a final casualty: international law.”
@alattar_mohsen
At World's End:
#Palestine
, the ICJ, and a New Dawn in International Law via
@opiniojuris
I’m really trying to give
@KarimKhanQC
the benefit of the doubt, but it sure is hard 😮💨 Dude has been saying the same thing (same exact script) re
#Palestine
for two years now 🤦🏿♂️ These words really are quite stale now tbh, no offence meant ✌🏿
We asked
@ICC
prosecutor's office for an update on his probe into alleged war crimes in
#Gaza
. Reply:
The ICC Office of the Prosecutor’s investigation into the situation in the State of Palestine concerns crimes committed within the Court’s jurisdiction since 13 June 2014. This…
@CIJ_ICJ
judicial elections will take place later today. The bench would certainly be richer with Prof.
@DireTladi4ICJ
on it; an excellent international lawyer and scholar, and a decent human being (rare in this int’l law world). All the best, Prof 🤞🏿
@DIRCO_ZA
@SAMissionNY
One of the greatest indictments of the international system is that it took it took over 70 years to elect an African woman to the
#InternationalLawCommission
(currently composed of 34 members).
It says everything about the system, and nothing about African women lawyers!
What prof
@Phoebe_Okowa
has done is prolific and historical. She is the first African woman to be elected to the ILC. It’s inspiring to the coming generation of international lawyers in Africa. May she continue succeeding in her duties at the ILC.
No more words, except to repeat that the
@IntlCrimCourt
has jurisdiction over
#Palestine
, and that international criminal justice (sometimes) has a very long and stubborn memory! ☹️
Free advice for non-African folks. The below statements are not the great sales-pitch you think they are. Rather, they’re very red flags!
1. I was born/raised or I lived/worked in X (insert random African country).
2. I’ve worked with African professionals.
Thank me later! 1/2
@KarimKhanQC
has attracted lots of legitimate criticism for his apparent lethargy re the
#Palestine
investigation. His response to such criticism hasn’t inspired much confidence either, though his speeches and Tweets have admittedly been quite passionate.
2/5
The excellent point made here aside, I watched the video of former
@CIJ_ICJ
Judge/President
#JoanDonoghue
on BBC HardTalk re
#SouthAfrica
v.
#Israel
and it left a bad/unethical taste. I believe that judges should refrain from doing media interviews on pending cases✌🏿
It appears the ICJ President Joan Donoghue was on Hard Talk and spoke about the plausibility test. I'm not sharing the video because it's in a tweet that'll immediately get us into polemics. I'm interested in the technical point. /1
For folks hesitant to condemn the carnage in
#Palestine
for fear of your career prospects, let me burst your bubble: your silence won’t endear you to the gatekeepers of these spaces - they don’t like you regardless, and they never have, yet you’ve made it this far 🤷🏿♂️
Fantastic international criminal lawyer and all-round awesome human being (and my best friend) Dr.
@PhoebeOyugi2
graduated yesterday! Best news of the week! 👏🏿👏🏿😍😍
Yesterday I graduated with a Doctor of Laws degree (LL.D) from Stellenbosch University. Doctorates are hard and painful and long. I made it to the end. I am proud, I am grateful and I am tired. I get to wear a read gown and call myself a Doctor. I'm accepting presents 😁
When I was young, I was a ‘poet’, ‘writer’, a ‘footballer’ and an ‘actor’....then law school (the graveyard of dreams) happened! Now I’m just a clown who knows some lawyerly things 🤦🏿♂️🤡
Post-PhD musings:
1. I refuse to get sucked into the post-doc rabbit-hole!
2. Academia is perhaps not my (only) future.
3. I care about money.
4. I am tired; I need rest!
5. If I owe you things (papers e.t.c), you’ll just have to wait a while longer.
Bye again, Twitter ✌🏿
Good stuff from
@Alonso_GD
!
If I may add…
‘Is Palestine a State’ is one of the laziest ‘questions’ of international law today, and a number of int’l lawyers are still annoyingly stuck on it!
Yes,
#Palestine
is a state! Next?
@opiniojuris
Reason to briefly break Twitter hiatus 🕺🏿
My article on ‘Responsibility for Property and Assets Frozen or Seized upon Request by the
@IntlCrimCourt
’ has finally been published by International Review of Penal Law!
(Open Access)🤪
These are particularly very painful and traumatic times for Black folks everywhere. I’m heartened by overwhelming display of genuine allyship. I’m also unamused by perfomative ‘solidarity’ from opportunistic folks/institutions with racist/questionable track records! We see you 👀
My latest in Journal of International Criminal Justice!
Obligations to ‘Strangers’: Reconceptualizing Cosmopolitanism as a Basis for Collective (Regional-level) Accountability for International Crimes
It really is fascinating how in the 21st C scholars/pundits of international law (in all its fragmented specialisations) continue to research, write, organise events with barely any thought of (or contribution from) those located at the receiving end of 'international' law 🤔
It’s really annoying seeing all the praise
#Biden
admin. is getting for lifting racist sanctions imposed by Trump on
@IntlCrimCourt
Pros.
#FatouBensouda
and Mr
#PhakisoMochochoko
!
Look, you don’t get points for undoing what should never have been done in the first place.
1/4
As you gleefully Tweet about your war crimes & crimes against humanity, may you remember that-
1) social media posts have been & continue to be adduced as evidence in int’nl criminal trials;
2) the internet never forgets; and
3) the
@IntlCrimCourt
has jurisdiction re
#Palestine
!
A ‘book’ will soon be released about one (white) man’s ‘role’ in
#Hiss
èneHabré trial. Almost totally erased is the primary role of Chadian lawyers led by
#JacquelineMoudeina
&
#DelphineDjira
ïbé, Senegalese prosecutors led by
#Mback
éFall, & the relentless victims/survivors!
@MissChisomo
😳 yikes! I’d pretend I’m surprised, but no. I once walked out on a post-conference ‘date’ when asked ‘I’m not racist, but what do you think of slave-master role-play? Could be fun’ 😭 Not so long ago actually. These academic streets will teach you things 🤦🏿♂️
You came, you saw, you did!
Massive respect for outgoing
@IntlCrimCourt
Prosecutor
#FatouBensouda
! The job wasn’t easy (damned if you do, damned if you don’t), but you held your own pretty well! I hope the world hasn’t seen the last of you!
Kwaheri ya kuonana!
#ICC
📢 Newly elected
#ICC
Prosecutor Karim Asad Ahmad Khan QC will be sworn in on Wednesday 16 June 2021 during a Ceremony at the Seat of the Court. Find out how to watch it live and more info here ⤵️
Friday evening decisions are now the norm.
@IntlCrimCourt
holds that '
#Palestine
is a State Party to the RS ... [and] the
#ICC
’s territorial jurisdiction ... extends to the territories occupied by Israel since 1967, i.e Gaza and the West Bank, including East Jerusalem'.
Ok now that International Court of Justice (
@CIJ_ICJ
) has pretty much delivered judgment in favour of
#Somalia
in Case Concerning Maritime Delimitation in the Indian Ocean (
#Somalia
v
#Kenya
), here are a few observations/thoughts.
1/5
...and here we go! International Court of Justice (
@CIJ_ICJ
) delivering judgment in Case Concerning Maritime Delimitation in the Indian Ocean (
#Somalia
v.
#Kenya
). Somalia is represented;
#Kenya
isn't, after boycotting the oral hearing and threatening to ignore the judgment ...
So it appears
#Kenya
won’t be participating in the merits phase of
#Somalia
v.
#Kenya
maritime dispute before
@CIJ_ICJ
. This is a bad though unsurprising move. Kenya’s legal strategy has been a disaster from the start (even had to change its legal team along the way) 🤦🏿♂️
Besides States & politicians, the carnage we’re witnessing in
#Palestine
has been enabled by international lawyers who provide ‘legal’ justification for the indefensible, & blacklist those who call out ‘our’ shaky values! May shame forever torment ‘us’ for what we’ve enabled💔
Whenever there’s escalation in
#OccupiedPalestinianTerritories
(
#Palestine
), the int’l law crowd’s shaky value system becomes clearer. From the usually vocal ones who suddenly lose their voices, to those twisting themselves into ridiculous knots to excuse the indefensible!
1/3
One of the many things that ‘they’ don’t teach you when you are doing a PhD is how to deal with the what-next angst that creeps up on you as you approach the finish line (or even many moons before that line is in sight).
Can we start a list of otherwise ordinary words that mean something else entirely when used by
@IntlCrimCourt
organs?
1. Hibernate - our non-existent ‘investigation’ can’t proceed, but we remain hopeful.
2. Deprioritise - some alleged torturers are too powerful.
3….
4….