Some interesting developments at the international tribunals over the past few weeks: Most notably, Saddam Hussein has asked the ICC to investigate his alleged mistreatment by the U.S. while incarcerated during trial. Whatever the substantive merits of the allegations, the ICC has no jursidiction to investigation them, because neither Iraq nor the U.S. has ratified the Rome Statute. The...
Saturday was the 60th anniversary of the bombing of Hiroshima. Tens of thousands of Japanese thronged Peace Park in downtown Hiroshima to commemorate the attack, which killed nearly 140,000 people. From all accounts, the ceremony was deeply moving, a tribute to the need to abolish nuclear weapons once and for all: During the ceremony, children dressed in black...
An Argentine court has sentenced a former policeman to 25 years imprisonment for "disappearing" a couple and abducting their child in 1978, during Argentina's "Dirty War": A federal court in Buenos Aires sentenced Julio Héctor Simón to 25 years in prison for the illegal arrest and torture of José Poblete Roa and Gertrudis Hlaczik de Poblete, a Chilean/Argentine couple who “disappeared”...
Following up on Julian's post below, Uganda has announced that the ICC has agreed not to prosecute the five LRA leaders, including Joseph Kony, as long as the final agreement reached between the government and the LRA does not "condone impunity." Interestingly, Uganda also claims that it only initiated peace talks with the LRA because it could not find a partner...
I have recently been appointed the Book Review Editor -- along with Peter Ramsay, who is a member of the law faculty at LSE -- of the New Criminal Law Review, formerly published as the Buffalo Criminal Law Review. Here is the publisher's description of the journal's mission: Focused on examinations of crime and punishment in domestic, transnational, and international...
There is a fascinating story in the Jerusalem Post about the possibility of German soldiers defending Israel from Hezbollah attacks as part of a NATO force. Israel has recently signaled its openness to a NATO defense force, and Germany is obviously a leading member of NATO. Would it be a good idea to have German soldiers defending Israel? The...
Okay, it's official. We have lost the Iraq war: In an unannounced move, the House cafeteria has removed the terms "freedom fries" and "freedom toast" from its offerings, and has reverted to using the dishes' more common names, "french fries" and "french toast." Rep. Bob Ney (R-OH), who had implemented the change in 2003 in a fit of hollow...
Today will be Peter Spiro's final day guest-blogging. On behalf of all of us, I want to thank him for his stint -- which was, by any account, a smashing success. We wish him well in his new position at Temple! ...
An Old Bailey judge involved in the Official Secrets Act prosecution of Leo O'Connor and David Keogh ruled on July 18th that the public cannot learn the contents of the infamous leaked document detailing a conversation between Bush and Blair in which Bush allegedly expressed his desire to bomb al-Jazeera's headquarters in Iraq: Any discussion of an already partially leaked...
For those who are interested, Steve Clemons of The Washington Note is actively covering John Bolton's confirmation hearings. If Clemons' first few posts are any indication, things aren't going very well for the nominee, whose disastrous interim stint at the UN seems to be rightfully coming back to haunt him:1. Senator Hagel is now undecided on whether to support...
The NYT recently ran an interesting article discussing how the Bush administration's policy of cutting military aid to countries that refuse to sign Article 98 agreements with the U.S. has undermined the war against terror in Africa: Last year, the United States cut off $13 million for training and equipping troops in Kenya, where operatives of Al Qaeda killed 224...
I followed the recent discussion about proportionality jus in bello with great interest — and reluctantly agree with Professor Anderson that Louise Arbour’s position is inconsistent with Article 51 of Protocol I. It is also worth noting that her position is even less defensible in terms of the Rome Statute, because there are two critical differences between Article...
