Middle East

As part of the backlash against the Goldstone Commission's recommendation that the Security Council refer the situation in Gaza to the ICC if Israel and Hamas do not conduct credible investigations of their crimes, the far-right Jerusalem Post published an editorial today entitled "Strange Justice: The ICC, Europe, and the World."  The editorial was ostensibly written by a Researcher at...

According to Newsweek, the answer may well be yes: As chief prosecutor of the International Criminal Court, Luis Moreno-Ocampo has so far steered clear of controversial cases. In doing so, he hoped to allay U.S. fears that the ICC would become a politicized tool for settling scores. Which is why it's so surprising that Moreno-Ocampo is now considering an investigation into...

You can find all 574 pages of it here.  From the press release: The UN Fact-Finding Mission led by Justice Richard Goldstone on Tuesday released its long-awaited report on the Gaza conflict, in which it concluded there is evidence indicating serious violations of international human rights and humanitarian law were committed by Israel during the Gaza conflict, and that Israel committed...

Although often critical of Israel, I have always been sympathetic to Israeli claims that the UN Human Rights Council has deliberately appointed individuals to investigate conditions in the Palestinian territories who were either actually biased against Israel or who at least could not avoid the appearance of bias.  I was completely opposed, for example, to the HRC's decision to appoint...

I don't have any deeper insight into the situation than Ken, but there certainly has been pressure on the Prosecutor to investigate Afghanistan for some time -- both because it's not in Africa and because of US/NATO involvement in the armed conflict there.  It is important to stress, though, that the OTP has not formally opened an investigation; it is...

I have been ignoring the latest salvos in David Bernstein's lonely war against Human Rights Watch, because they have not purported to be anything other than character assassination.  But his latest effort to discredit Marc Garlasco, HRW's Senior Military Analyst, is so beyond the pale of acceptable discourse that something needs to be said.  Here are the relevant paragraphs of...

Dear Mr. Prime Minister: I noted with interest your recent statement that you believe an international criminal court should be created to prosecute individuals whom you believe have committed crimes against Iraqis.  As reported by Xinhua: The Iraqi Prime Minister Nuri al-Maliki on Monday demanded again for the United Nations to form a criminal court to prosecute those involved in the killing...

My friend and former colleague at Auckland, Mohsen Al Attar, has posted two new articles about TWAIL on SSRN.  The first, co-written with Rosalie Moore, is entitled "TWAIL Revisited - The Bolivarian Reconstruction of International Law."  The second, co-written with Vernon Ivan Tava, is entitled "TWAIL Pedagogy - Legal Education for Emancipation." The abstracts are after the jump.  I highly recommend...

I am a big fan of Laura Rozen's work over at The Cable blog on foreignpolicy.com.  She posted a piece late Monday, "Getting to Yes on Middle East Peace Talks," which offers a brief but fascinating peek into the art and science of mediating protracted conflicts -- a topic I have written about here and here....

Ruth Wedgwood comments at Forbes magazine website on the "compassionate" release of Al-Megrahi from prison in Scotland.  I agree overall with Ruth: Abdel Basset Ali al-Megrahi, is now a free man. He was convicted in the specially created Hague trial court by a panel of Scottish judges, and his appeal was rejected by the Scottish appellate chamber. He remained in prison...

Deleuze once commented in a discussion with Foucault that "[a] theory is exactly like a box of tools. It has nothing to do with the signifier. It must be useful. It must function. And not for itself. If no one uses it, beginning with the theoretician himself (who then ceases to be a theoretician), then the theory is worthless or...