In association with the International Commission of Jurists

International Human Rights Law

23 Oct

I'm just back from 9 days in Madrid -- my first visit, and it was great.  Of course, while there I couldn't ignore the international law-related story of the day.  Judge Baltasar Garzón (of Pinochet, al Qaeda, and Eta fame) is at it again.  This time he's agreed to open a criminal investigation into thousands of disappearances and executions surrounding...

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22 Oct

It appears that there may have been some progress regarding the Prosecutor's ability to disclose the potentially exculpatory information to the defense -- progress that is not reflected in yesterday's decision.  According to a recent motion, the Prosecutor has received permission to turn over all of the disputed documents to the Trial Chamber in unredacted form, so that the judges...

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21 Oct

The Lubanga fiasco continues.  Earlier today, the Appeals Chamber upheld the Trial Chamber's indefinite stay of the proceedings, but refused to order his immediate release, instead remanding the case to the Trial Chamber for further consideration of the issue. I have not had a chance to read the two -- typically lengthy -- decisions in any great detail, but these are...

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19 Oct

Hope springs eternal in the Sudan -- at least on the part of the government.  Apparently, Khartoum has managed to convince itself that the Pre-Trial Chamber's recent request for additional information concerning the charges against Bashir means that it intends to dismiss those charges: The Sudanese government hailed a decision by the judges of the International Criminal Court (ICC) requesting more...

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18 Oct

That's the situation with the Sudanese government's latest contribution to the "peace" process: The United States, Darfuri rebels and Sudanese opposition parties have greeted a new initiative to solve the Darfur crisis with scepticism and boycotts, while Khartoum, the Arab League and the UN say it’s the region’s best hope. Widespread doubts about the credibility of the process prevail ahead of deliberations...

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17 Oct

I apologize for arriving late to the party; I have only just had a chance to read Professor Ring's fascinating article completely through.  There are many reasons why I would come to this article already predisposed to like it - I started out life as an international tax lawyer, for example, and I am also an unapologetic defender within the...

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13 Oct

That's the headline of today's New York Times article about Ali Kushayb, the janjaweed militia leader who has been indicted by the ICC.  According to the article, the "[t]he move is widely being interpreted as a way for Sudan to improve its image abroad and attempt to head off the possible genocide prosecution of the country’s president, Omar Hassan al-Bashir." Honestly,...

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11 Oct

Ladies and gentlemen, your peacemaker: Al-Bashir who rarely gives interviews told the British Channel 4 News from Khartoum that rape claims are made up by Darfuri women. “The women inside the camps are under the influence of the rebels and some are even relatives of the rebels. That’s why they make these claims” Al-Bashir said. “We are fully convinced that no rape took...

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08 Oct

What is it with international prosecutors and their duty to disclose exculpatory evidence?  First the ICC stays the Lubanga trial because of the Prosecutor's abuse of Article 54.  And now the ICTR has had to formally reprimand its Prosecutor, Hassan Jallow, for failing to disclose exculpatory evidence in the high-profile Military II trial: In their ruling dated September 22, 2008, the...

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