One of the topics I cover in my first-year Law & Society class is the right to freedom of expression. Because New Zealand does not have a written constitution, that right is guaranteed by statute — the Bill of Rights Act 1990 (BORA). New Zealand courts take freedom of expression seriously, but there is no question that BORA...
Although the sweetheart deal Paul Wolfowitz arranged for Shaha Ali Riza strikes me as far more problematic than it does Julian, we should not let that dispute distract our attention from the many other indefensible things Wolfowitz has done as head of the World Bank. Exhibit A: trying to undermine the Bank's traditional emphasis on family planning in developing...
In light of today's tragic events in Virginia, and given that yesterday was Holocaust Remembrance Day, I thought it might be an opportune time to mention an uplifting story: for the first time ever, an Arab Muslim, Khaled Abdelwahab, is set to be named a "Righteous Gentile" by Yad Vashem, the Holocaust remembrance authority. The title is reserved for...
In an interesting development, the British government has decided to stop using the term "War on Terror":Development Secretary Hilary Benn will risk the wrath of Tony Blair's closest international ally by warning that US rhetoric has given terrorists a "shared identity". Mr Benn is to say openly that President George Bush's phrase "War on Terror" strengthens small disaffected groups with widely...
Serbia's war-crimes court, established in 2003 to handle "lesser" crimes referred by the ICTY, has convicted four Serbian paramilitaries of murdering six young Bosnian Muslims during the infamous Srebrenica massacre. Although one soldier was acquitted, the case against the defendants was straightforward: they filmed themselves committing the murders:The trophy video - which lasts about 20 minutes - shows several...
In a first for the Tribunal, the ICTR has officially transferred a case to a national court:The International Criminal Tribunal for Rwanda (ICTR) ordered that Michel Bagaragaza, the former head of Rwanda's national tea industry who is accused of involvement in the mass slaughter, be tried by a court in the Netherlands. "The chamber orders the case of prosecutor v. Michel...
I have posted a new essay on SSRN, "The Limits of Article 8(2)(b)(iv) of the Rome Statute, the First Ecocentric Environmental War Crime." The essay, which is forthcoming in the Georgetown International Environmental Law Review, is co-authored with Jessica Lawrence, who graduates from the University of Georgia School of Law next month. Here is the abstract:Article 8(2)(b)(iv) of...
Last week, I blogged about my primary frustration with SSRN: the long delay that occurs between uploading a revision to an essay and it replacing the old one. Gregg Gordon, the President and CEO of SSRN, graciously replied to my post — and then to my follow-up questions. Gregg has given me permission to reproduce our exchange, so...
When I decided to leave the University of Georgia for the University of Auckland, I worried that my American colleagues would think I was crazy to abandon a tenure-track job at an excellent law school to join a law faculty in a country best known for sheep and Lord of the Rings (and the Nuclear Tests Case, to nerdy lawyers),...
The Australian has the complete text. Here are some of the juciest tidbits, with comments:b. I agree that I will not communicate with the media in any way regarding the illegal conduct alleged in the charge and the specifications or about the circumstances surrounding my capture and detention as an unlawful enemy combatant for a period of one (1)...
How happy is David Hicks today?A U.S. military tribunal sentenced Australian David Hicks Friday to seven years in prison but he will only have to serve nine months of the sentence. Hicks, who became the first war crimes convict among the hundreds of foreign captives held for years at the Guantanamo prison camp in Cuba, pleaded guilty to supporting terrorism in...
The Yemeni Parliament ratified the Rome Statute yesterday, following what has been described as the most intense debate in the institution's history. Yemen is the 105th member of the ICC, and the fourth member from the League of Arab States, joining Jordan, Djibouti, and the Comoros. ...
