I have posted a new essay on SSRN entitled -- borrowing a phrase from a dissent written by Judge Van den Wyngaert -- "A Stick to Hit the Accused with": The Legal Recharacterization of Facts Under Regulation 55. The essay is forthcoming in a book on the ICC that Carsten Stahn is editing for OUP. Here is the abstract: Regulation 55 was...
British artist Banksy knocks it out of the park again, with a rather unusual rendering of a Nativity scene: As ArtInfo notes, this is not Banksy's first comment on the Israel/Palestine conflict. He painted nine amazing murals directly on the wall in 2005, including a boy drawing a chalk ladder over the wall and a girl floating over the wall with...
Oklahoma City police are obviously upset that the UK has pulled ahead of the US in the competition to have the most absurd definition of terrorism. Hence this: On Friday, Oklahoma City police charged a pair of environmental activists with staging a "terrorism hoax" after they unfurled a pair of banners covered in glitter—a substance local cops considered evidence of a faux biochemical assault. Stefan...
PRESS RELEASE (Exclusively for the use of the media. Not an official document) The Hague, 25 December 2013 MS/PR1593e Acquitted defendants to be immediately apprehended and executed The Trial Chamber on Saturday issued a decision on the status of the freedom of individuals acquitted by the Tribunal. The Chamber unanimously ordered all such individuals immediately apprehended and executed. The Chamber's order is made pursuant to Rule...
So, it's official: the ICTY Trial Chamber has decided to let Judge Niang replace Judge Harhoff on the Seselj case: The Trial Chamber on Friday issued a decision on the continuation of the proceedings in the case of Vojislav Šešelj, following the disqualification of Judge Frederik Harhoff and appointment of Judge Mandiaye Niang to the Bench. The Chamber unanimously ordered that the...
In my previous post, I questioned Ryan's claim that Amnesty International's totals concerning the number of states exercising universal jurisdiction over at least one international crime "may be significantly inflated." I pointed out that, contrary to what he was asserting, the report did not count a state simply because it it had incorporated the Rome Statute into its domestic legislation; on...
Not long ago, Amnesty International released an updated version of its massive study "Universal Jursidiction: A Preliminary Survey of Legislation Around the World." The report concluded, inter alia, that 86% of the world's states exercise universal jurisdiction over at least one kind of international crime. (Most commonly, war crimes.) In a post today at Just Security, my friend and regular sparring...
The two-part series I mentioned in my previous post seems designed to rehabilitate Judge Harhoff's image in the international-law community. Unfortunately, the articles, which draw heavily on an interview with the judge himself, simply underscore why it was necessary for the ICTY to remove him from the Seselj case. To begin with, consider what the judge says in the second...
I get that many people don't like the specific-direction requirement. I understand the anger that the Perisic, Stanisic, and Simatovic acquittals have generated. I've even explained why, though I think the Appeals Chamber was correct to reinvigorate the specific-direction requirement in Perisic, I would have preferred a different doctrinal mechanism. But I am really, really tired of people -- journalists, human-rights activists,...
The Office of the Prosecutor (OTP) at the ICC just released its 2013 Report on Preliminary Examination Activities. There is much to chew over in the report, but what is most striking is the OTP's slow-walking of its preliminary examination into crimes committed in Afghanistan. The OTP divides preliminary examinations into four phases: (1) initial assessment, which filters out requests for...
The Assembly of States Parties (ASP) has adopted three new rules of procedure -- RPE 134 bis, ter, and quater -- designed to minimize the obligation of accused to be physically present at trial. The OTP will almost certainly challenge the new rules. So will any of them survive judicial review? Rule 134bis Rule 134bis concerns video technology: 1. An accused subject to a summons...
Two of the four men arrested on suspicion of witness tampering and manufacturing evidence in the Bemba case appeared before the Court today, along with Bemba himself. Not surprisingly, defence counsel for the defence counsel focused on the various ways in which the arrests will prejudice Bemba's case: Meanwhile, defense lawyers for the accused stated that the new charges had harmed...
