[James G. Stewart is an Assistant Professor at the University of British Columbia Law Faculty. Until recently, he was on the board of the Conflict Awareness Project, but had no role in this investigation.] Something momentus happened in Switzerland last week—national prosecutors opened a criminal investigation into one of the world’s leading gold refineries, for pillaging Congolese natural recourses. Pillage, of...
I am delighted to announce the publication of a new book that I co-edited with my colleague and dear friend Gerry Simpson, The Hidden Histories of War Crimes Trials. As the title indicates, the book contains a number of essays that discuss little-known trials (such as the Franco-Siamese Mixed Court) or re-narrate better known but misunderstood trials (such as the...
In my previous post, I mocked Scotland Yard's assertion that David Miranda, Glenn Greenwald's partner, committed an act of terrorism by transporting documents stolen from the US government by Edward Snowden. Mockery remains the appropriate response, given the vast chasm that separates Miranda's actions from any defensible conception of terrorism -- such as the one I quoted from UN General...
No, not actual terrorism, "[c]riminal acts intended or calculated to provoke a state of terror in the general public, a group of persons, or particular persons for political purposes." That's still going strong. I'm talking about the concept of terrorism, which has officially lost all meaning whatsoever: British authorities claimed the domestic partner of reporter Glenn Greenwald was involved in "terrorism" when he tried to...
The ICC's Public Affairs Unit has brought to my attention that the Sudan Tribune erroneously reported what Judge Chile Eboe-Osuji said to Ruto concerning his public statements about his case. The unofficial transcript makes clear that although the Judge warned Ruto not to make additional statements, he did not suggest that Ruto would be arrested if he did so: 7 It has...
The most significant problem with the Order, of course, is the one I identified in my previous post: namely, that Rule 15bis applies only to "part heard" cases -- not cases that have been over for nearly two years. But it's worth noting that the Acting President has also disregarded a number of procedural requirements of Rule 15bis. Recall the...
Dov Jacobs calls attention today to an ICTY press release announcing that the Acting President of the ICTY has assigned a new judge to the Seselj case, Mandiaye Niang, pursuant to Rule 15bis of the Rules of Procedure and Evidence. Here is the text of the rule, in relevant part (emphasis mine): (C) If a Judge is, for any reason, unable to...
I refer, of course, to the British Navy's use of the music of Britney Spears to scare off Somali pirates: In an excellent case of "here's a sentence you won't read every day", Britney Spears has emerged as an unlikely figurehead in the fight against Somali pirates. According to reports, Britney's hits, including Oops! I Did It Again and Baby One More Time, are being employed by...
[Sean D. Murphy is the Patricia Roberts Harris Research Professor of Law at the George Washington University Law School. He is a member of the United Nations' International Law Commission.] For the next two weeks, the Sixth Committee of the U.N. General Assembly will be debating the Annual Report of the International Law Commission, covering its 65th session in Geneva held...
The Sudan Tribune is reporting that the presiding judge in William Ruto's trial has threatened to have Ruto arrested if he continues to comment publicly on his case: October 2013 (THE HAGUE) – Kenya’s Vice President William Ruto was on Friday warned by the presiding judge in his trial at the International Criminal Court (ICC) to desist from making statements about...
I had the privilege last week of speaking in London at a superb Chatham House/Doughty St. Chambers symposium on the ICTY's recent high-profile acquittals in Perisic, Gotovina, and others. My co-panelists were John Jones, QC, Saif Gaddafi's ICC-appointed lawyer, and Elies van Sliedregt, the Dean of Vrije Universiteit Amsterdam. Chatham House's Elizabeth Wilmshurst was the moderator. I don't believe the symposium...
In a unanimous decision, the Appeals Chamber has reversed Trial Chamber V(a) and held that Ruto is required to continuously attend his trial, with exceptions to be granted only in exceptional circumstances. The decision is limited to Ruto, but it clearly applies to Kenyatta, as well, whom Trial Chamber V(b) has also excused from continuous presence. It's decisions like these that make...
