The WSJ has a nice discussion of the tricky legal arguments in the upcoming trial of alleged pirates in U.S. federal court. Apparently, the prosecutors and defense attorneys are battling over the fact that U.S. statutes criminalizing piracy leave the definition to "the law of nations". Now the court in Norfolk must contend with the defense motion to dismiss the piracy...
John Bellinger reflects on the meaning of the four Geneva Conventions of 1949 in today's world, in a post at Foreign Policy: Today, 12 August, is the 61st anniversary of the signing of the Geneva Conventions of 1949, the international treaties designed to protect soldiers and civilians during armed conflicts. The treaties became the focus of international attention in 2002 when the...
Via FuturePundit, who observes that this is really much more broadly about lie detection, note this press release from Northwestern University: For the first time, the Northwestern researchers used the P300 testing in a mock terrorism scenario in which the subjects are planning, rather than perpetrating, a crime. The P300 brain waves were measured by electrodes attached to the scalp of...
Two commenters on my previous post on Kagame's increasing authoritarianism questioned whether Rwanda arrested Peter Erlinder because of his representation of defendants at the ICTR. Fortuitously, Kate Gibson -- my colleague on the Karadzic case and a defense attorney at the ICTR -- has just published an ASIL Insight on the arrest that supports my claim. Here is a taste...
[caption id="attachment_13091" align="alignright" width="144" caption="State Seal of South Korea"][/caption] Just in time for the 100th anniversary of the Korea-Japan Annexation treaty, a Korean scholar has new evidence that the treaty was never properly ratified by the Korean king. Hence, according to the scholar, the 1910 annexation treaty was never legal and Japan's annexation of Korea was illegal (or at least not authorized...
Hell must have had central air conditioning installed, because I find myself in complete agreement with Ruth Wedgwood's recent post at EJIL: Talk! on Paul Kagame's rapid descent into authoritarianism. Here is a snippet: The West’s failure to address Tutsi violations of the laws of war has allowed Kagame to conclude, justifiably, that he can do nearly anything with...
Actually, I'm not, although I'm confident Labor will pull out the election. But I'm endlessly fascinated by the fact that people place bets on the outcome of the election -- and that the latest odds are treated as serious news by The Age, the best newspaper in Australia: Labor has been the subject of a huge betting plunge on it winning...
My friend Nancy Combs new book on international tribunals, Fact-Finding Without Facts: The Uncertain Evidentiary Foundations of International Criminal Convictions, has just been published by Cambridge University Press. Here is the description: Fact-finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author...
El Universal -- along with other newspapers -- is reporting that one of President Uribe's final acts in office was to file a complaint with the ICC alleging that Hugo Chavez, the President of Venezuela, is responsible for permitting FARC guerrillas to use Venezuela as a staging area for crimes committed in Colombia: Jaime Granados, the lawyer of Colombian outgoing president...
As discussed here, one of the key arguments that the Ecuador plaintiffs are making in response to Chevron’s Motion is that the damaging quotes are being taken out of context. Without question one of the most damning excerpts is when lead plaintiffs’ lawyer Steve Donziger is quoted as saying that “Because at the end of the day, this is...
The ongoing saga regarding Chevron’s legal travails in Ecuador took an interesting twist this week. As I reported earlier, Chevron has secured key outtakes of the movie Crude that appeared to show alarming collusion between the plaintiff lawyers and the Court-appointed expert. According to pleadings filed yesterday pursuant to 28 U.S.C. 1782, the outtakes include some amazing communications...
I've argued for the past couple of years that the ICC should open a formal investigation into the situation in Colombia, because it is a non-African situation that satisfies most, if not all, of my criteria for situational gravity: (1) crimes committed with government involvement; (2) systematic criminality; (3) socially alarming crimes such as enforced disappearance and torture. Here is...
