Latest Case: In re Children of Jessica J. (Family Law)

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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In re Children of Jessica J.

Citation: 2020 ME 32

Opinion Date: March 12, 2020

Judge: Per Curiam

Areas of Law: Family Law

The Supreme Judicial Court affirmed the judgment of the district court denying Mother's post-judgment motions for a new trial and for relief from judgment following the court's entry of a judgment terminating her parental rights to her children, holding that the district court did not abuse its discretion in denying Mother's motions for a new trial and for relief from judgment. The court concluded that the Department of Health and Human Services had met its burden of establishing by clear and convincing evidence that Mother was unwilling or unable to protect her children from jeopardy and that these circumstances were unlikely to change within a time reasonably calculated to meet the children's needs and that Mother was unwilling or unable to take responsibility for the children within a time reasonably calculated to meet their needs. The Supreme Judicial Court affirmed, holding that termination of Mother's parental rights was not premature and that the trial court did not abuse its discretion in denying Mother's post-judgment motions for relief from judgment and for a new trial.