(Update: It appears that the ship has been retaken, by the crew, according to the NYT. There have also been some reports that at least one pirate is in custody, or anyway control, of the crew. Here, then, is my question. If one of the (alleged) pirates has been taken into custody, what should legally follow? The US has been...
I recently posted an invite to a Chatham House international law discussion group about the new African Court on Human Rights. The event was obviously a rousing success, as the following report by Sonya Sceats indicates: Last Monday night (23 March 2009) at Chatham House we were very privileged to host a fascinating discussion about Africa's new regional human rights court,...
The Institute for War and Peace Reporting's article today about Darfur is entitled "Darfuris' Mixed Feelings Over Bashir Warrant." When I first saw the title, I thought that the article was going to discuss Darfuris who believe that the warrant will undermine the possibility of a lasting peace in the region. My bad: “We are really very happy about the arrest...
In response to my previous posts on the correct interpretation of Article 58, Alex de Waal asked three lawyers to answer the following two questions: 1. Did the Pre-Trial Chamber misinterpret Article 58's "reasonable grounds" standard? 2. If so, does the Prosecution Application establish reasonable grounds to believe Bashir is responsible for genocide? It's an interesting survey. Two of the three lawyers agreed...
The IMF is much under discussion these days as the global recession deepens and spreads. I invited Daniel Bradlow (professor at my school, Washington College of Law, and head of our international legal studies program, as well as long time advisor on Africa to the development banks and institutions, and SARCHI professor of international development law at the University of...
I knew I wasn't alone in arguing that Bashir deserves to be punished for his crimes: Al-Qaeda number two Ayman Zawahiri urged the people of Sudan to prepare for guerrilla war and for President Omar al-Beshir to "repent," in an Internet video message released on Tuesday. Zawahiri said Beshir's regime is "reaping what it sowed," in reference to the International Criminal Court...
I have been reading Roger's fascinating missives from Rwanda with great interest and agree with much of what he has to say. But I have to demur from the claim that "Kagame is personally invested in making Rwanda a country that is committed to reconciliation, human rights and self-sufficiency." Self-sufficiency, perhaps -- there is no question that Rwanda has experienced...
Rwandan President Paul Kagame is personally invested in making Rwanda a country that is committed to reconciliation, human rights and self-sufficiency. Toward that end, Kagame is seeking to mobilize the most powerful social force in his country—Rwandan pastors—to protect human rights and pursue forgiveness in a country that has much to forgive. In 2005 Kagame partnered with...
In its application for the arrest warrant, the Prosecution argued that the Sudanese government's genocidal intent could be inferred from, inter alia, the slow-death conditions in the IDP camps. As part of that claim, the Prosecution pointed out the numerous ways in which Bashir's regime had hindered international efforts to provide the Darfuris in the IDP camps with humanitarian assistance. One...
The following is a guest post written by Kate Cronin-Furman and Amanda Taub, the brains behind the must-read blog wronging rights. My thanks to them for contributing it. Two weeks ago, Pre-Trial Chamber I of the International Criminal Court issued a warrant for the arrest of Sudanese President Omar Hassan al-Bashir. (We’re sure you all remember; it was kind of a...
I have been traveling throughout the country the past few days meeting with dozens of leaders discussing the past and future of Rwanda. The meetings have been incredibly hopeful and positive and there is an undeniable optimism about the direction of the country. But wherever one goes one cannot escape the long shadow of genocide. It continues...
Alex de Waal criticizes Moreno-Ocampo''s decision to appeal the genocide issue today at his blog Making Sense of Darfur. It's a nasty and remarkably patronizing post. It also exhibits not even a shred of understanding of the Rome Statute or the Prosecution Application. Here is what de Waal writes: I was surprised to learn that the Prosecutor of the ICC is seeking leave...
