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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Bartlett v. Roberts

Citation: 2020 VT 24

Opinion Date: March 10, 2020

Judge: Pearson

Areas of Law: Civil Procedure, Real Estate & Property Law

Plaintiff sued for quiet title to prevent defendants from using a road that passed through her property to access defendants' adjacent property. The superior court granted summary judgment in favor of defendants, because the route at issue was a public highway established by the town in 1800 that was never discontinued. Finding no reversible error in the superior court's order, the Vermont Supreme Court affirmed.

Doncaster v. Hane

Citation: 2020 VT 22

Opinion Date: March 13, 2020

Judge: Carroll

Areas of Law: Civil Procedure, Real Estate & Property Law

The parties in this case disputed access to a segment of road that extended across defendant's property and onto plaintiff's property. The superior court determined plaintiffs had the right to use the road because it was a town highway that was never discontinued. Defendants argued the highway was discontinued by operation of Vermont's ancient-road law, went eh town did not include it on the town highway map by the time litigation had commenced. The Vermont Supreme Court found no reversible error in the superior court's order, and affirmed it.

Vermont v. Davis

Citation: 2020 VT 20

Opinion Date: March 13, 2020

Judge: Howard

Areas of Law: Constitutional Law, Criminal Law

Defendant appealed after she was convicted for conspiracy to commit heroin trafficking. On appeal, she argued the trial court erred in: (1) denying her motion for judgment of acquittal because the State failed to prove the weight of the seized drugs; (2) admitting an out-of-court statement by a deceased co-conspirator; and (3) responding to a question raised by the jury regarding the elements of the conspiracy charge. Finding no reversible error, the Vermont Supreme Court affirmed.

Vermont v. Gates

Citation: 2020 VT 21

Opinion Date: March 13, 2020

Judge: Carroll

Areas of Law: Constitutional Law, Criminal Law

Defendant appealed his conviction for first-degree aggravated domestic assault. On appeal, he argued the trial court denied him the right to a fair trial by refusing to grant immunity to his witness or to compel the State to do so. In addition, he contended the trial court’s supplemental instruction improperly pressured the jury to reach a verdict. Finding no reversible error, the Vermont Supreme Court affirmed.