11 Feb Another Reason Not to Listen to Dershowitz About International Criminal Law
11.02.09
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9 Comments
Because he says things like this:
[The ICC] has not opened investigations with regard to Russia’s alleged war crimes in Chechnya and Georgia, where thousands of innocent civilians were killed. Nor has it opened investigations with regard to Pakistan, Afghanistan, Sri Lanka, Zimbabwe, the Congo and other places where civilians are routinely targeted as part of military and terrorist campaigns.
That will come as something of a suprise to Mr. Lubanga…
He is not necessarily referring to Congo (Kinshasa), i.e. DRC, but refers to the Republic of Congo, which is usually only referred to as “Congo”. Even the ICC itself simply refers to Congo on its list of state parties. Congo Kinshasa/DRC is listed under Democratic Republic of Congo.
So even this nitpick was wrong?
Had he omitted ‘Congo’ his point would hardly have been diminished either, so the nitpick is doubly inane.
I can’t help seeing Mr. Dershowitz as a profoundly tragic figure. After a storied legal career, it seems he’ll be remembered, at least in the wider world, mostly through his op-eds and defense of OJ Simpson. I find it doubly tragic that his views on foreign-policy seem to have seeped in to cloud his legal reasoning.
Right… in a column entitled “For the International Criminal Court to Work, the Worst Must Come First,” in a sentence that discusses Pakistan, Afghanistan, Sri Lanka, and Zimbabwe, Dershowitz was actually referring to the Republic of Congo instead of to the Democratic Republic of Congo — the tiny country in which 10,000 people were killed in 1997, not the large country in which 2.7 million people have been killed since 2004. And of course the DRC is never referred to as “Congo.”
I stand corrected!
Alex,
I couldn’t agree more. Dershowitz was one of my heroes when I was a young student; along with F. Lee Bailey, he made me want to be a criminal lawyer. I’ve seen “Reversal of Fortune” at least 10 times…
Professor Heller,
Do you want the action on my friendly one dollar bet. One dollar says the Gaza action at the ICC does not get kicked out immediately. You in?
NSD,
Nope — unfortunately, I think you are likely to be right….
You stand well-corrected.
Simon never said that the DRC is never referred to as “Congo.” He said that it is not necessarily referred to as such. Apprise yourself of the difference.
As for your argument from personal incredulity — an elementary logical fallacy — little else needs to be said.
So, John, do you think Dershowitz was referring to the DRC or not? You’re the tourist guide — do tell. Unless you think he was referring to the Republic of Congo, I do not stand corrected, because my original post was indeed correct.
I look forward to your reply.