Mike Becker
Assistant Professor (Trinity College Dublin, School of Law). Public International Law, International Courts and Tribunals, ICJ, ITLOS, International Human Rights Law, Fact-Finding and Inquiry, Law of the Sea
- As always, great to have the chance to talk with the @asymmetricalh.bsky.social team and @janethanderson.bsky.social.
- Out Now: Genocide and how to prove it. What are Gambia and Myanmar each saying at the ICJ about Myanmar's clearance operations of 2017? What's the evidence? How do patterns of behaviour show genocidal intent? www.asymmetricalhaircuts.com/episodes/jus...
- 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...
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- 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".
- Many thanks to my colleague Professor Mark Bell for organizing this important and timely discussion on recent US actions in and around #Venezuela and their implications for human rights, accountability, and the rule-of-law. Thanks also to the @tlrhub.bsky.social for hosting this event.
- #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-...
- 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...
- 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).
- 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...
- Reposted by Mike BeckerThe 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....
- Reposted by Mike BeckerThe 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...
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- 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...
- 1. How will The Gambia seek to establish genocidal intent (and how will it ask the ICJ to apply the infamous 'only reasonable inference' test)? 2. How will the parties engage with the third-party fact-finding reports upon which much of the evidence in the case is based?
- 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.
- 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...).
- As it stands, a failure to comply with provisional measures has too few consequences & is easily obscured by exploiting ambiguity in the Court’s orders. Making compliance reports public is a better means to hold states to their commitments and enhance prospects for effectiveness.
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