International Criminal Court Lacks Authority to Proceed Against Israel

SAMUEL ESTREICHER, GEORGE BOGDEN

NYU law professor Samuel Estreicher and JD candidate George Bogden, PhD, comment on a recent filing by the Prosecutor of the International Criminal Court (ICC) asking the court to exercise jurisdiction and grant permission to pursue an investigation of alleged war crimes in the West Bank and the Gaza Strip. Estreicher and Bogden argue that because Israel is not a state party to the action and Palestine is not a state recognized by international law, the ICC lacks territorial jurisdiction under the Rome Statute.

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Rodriguez Infante v. Martel

Docket: 18-55286

Opinion Date: March 13, 2020

Judge: Marsha Siegel Berzon

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Ninth Circuit affirmed the district court's denial of a habeas corpus petition in which petitioner alleged that the trial judge dismissed the juror for race-related reasons and so ran afoul of the prohibition on racial discrimination in jury selection. As a preliminary matter, the panel held that Haney v. Adams, 641 F.3d 1168 (9th Cir. 2011), did not bar consideration of the merits of petitioner's equal protection claim where he challenged a judge's jury strike for cause, rather than an attorney's peremptory challenge. On the merits, the panel held that the state courts correctly determined that the judge's concerns reflected the juror's own statements of race-related bias, not discriminatory reliance by the judge on the juror's race. Likewise, petitioner's due process and Sixth Amendment claims also failed.

Hyun Ju Park v. City and County of Honolulu

Docket: 18-16692

Opinion Date: March 13, 2020

Judge: Paul Jeffrey Watford

Areas of Law: Civil Rights, Constitutional Law

The Ninth Circuit affirmed the dismissal of a 42 U.S.C. 1983 action against police officers and the City and County of Honolulu, alleging that defendants violated plaintiff's substantive due process right to bodily integrity under the Fourteenth Amendment. Plaintiff suffered serious, life-threatening injuries after an intoxicated off-duty officer (Officer Kimura) accidentally discharged his gun at the bar plaintiff was working at and shot her. The panel held that Officers Naki and Omoso, the two officers that were with Kimura, did not act or purport to act in the performance of their official duties, and thus they were not acting under color of state law. Therefore, the district court properly dismissed plaintiff's claim against Naki and Omoso. The panel agreed with the district court that plaintiff's Monell claim must be dismissed because she has not plausibly alleged that the County's inaction reflected deliberate indifference to her Fourteenth Amendment right to bodily integrity. In this case, plaintiff has not plausibly alleged that the Chief of Police was aware of prior, similar incidents in which off-duty officers mishandled their firearms while drinking.