My favorite line of today's hearing in the Karadzic trial, courtesy of one of the prosecutors: "If necessary, force can be used to secure his presence in the courtroom," Uertz-Retzlaff said. Because nothing says "fair trial" quite like a defendant in restraints....
As both Julian and Ken (at VC) have indicated that they believe Arar was rightly decided by the Second Circuit, it's worth noting that Guido Calabresi -- hardly a flaming liberal -- is dissenting in the case, describing the majority's decision as "extraordinary judicial activism." Scott Horton discusses Calabresi's dissent -- and notes that the majority decision is based on...
Niamh Hayes, a PhD candidate the Irish Centre for Human Rights and an intern on the Karadzic case, has a very useful guest post at the International Law Bureau about how the Trial Chamber might respond to Dr. Karadzic's boycott. The entire post is well worth a read, but I was particularly struck by Niamh's suggestion that Dr. Karadzic's actions...
Okey-dokey: The political bureau officer at the NCP Mandoor Al-Mahdi also accused the International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo of standing behind the hybrid court proposal. “After Ocampo failed in furthering his agenda through the ICC he now wants to find another entry though the so-called hybrid court” Al-Mahdi said. This week the ICC prosecutor hailed the special tribunal proposal made by...
This isn't going to help the Panel's credibility: The African Union (AU) high level panel on Darfur wanted to find a way out for Sudanese president Omer Hassan Al-Bashir from the International Criminal Court (ICC) indictment, one of the commission members said today in an interview. This week the AU Peace and Security Council (PSC) endorsed a report prepared by an eight-member...
From the Sudan Tribune: The Sudanese government today reiterated its rejection the proposal set of an African Union (AU) to setup hybrid tribunals to try Darfur war crimes suspects. Speaking to reporters in Cairo the Sudanese presidential adviser Mustafa Osman Ismail said that Khartoum accepts the AU report “in its generalities” and the “African solution for the Darfur crisis”. Asked about the hybrid...
Clinton seems like she's been a relatively competent Secretary of State, but her take on the news that Abdullah Abdullah will not participate in Afghanistan's runoff election is truly priceless: Secretary of State Hillary Rodham Clinton, traveling in Abu Dhabi, gave the administration’s only comment. “We see that happen in our own country where, for whatever combination of reasons, one of...
Having been pilloried from all sides about my insistence that Dr. Karadzic should be given more time to prepare for trial, it's important to note that I am not the only one who thinks that. Bogdan Ivanisevic, who works for the International Center for Transitional Justice -- a group that can hardly be accused of being soft on Dr. Karadzic...
Reuter's reports on a speech given by Philip Alston at the UN, criticizing the US for its drone attacks or, at a minimum, for not being forthcoming on its drone attacks. Philip - a friend and well known to many OJ readers as an NYU law professor - is the UN special rapporteur on extrajudicial execution. (I would be curious...
In my public international law class today I taught the material from the Dunoff, Ratner and Wippman book on the Rwandan genocide and recourse to the gacaca courts. The readings focus on Amnesty International's criticism of the gacaca system as failing to meet international minimum standards of due process for criminal defendants. Unfortunately, the book does not attempt...
What's worse than giving cookies, gold stars and smiley faces to a murderous tyrant? Being snubbed by said murderous tyrant, thereby losing the chance to give them. Maybe Scott Gration can give the cookies to the Sri Lankan government instead. I hear their feelings are being hurt by all the mean things said about them, too....
As trial-watchers know, Judge Kwon implied today that he will impose counsel on Dr. Karadzic next week if he continues to boycott the trial. It's worth noting, therefore, that nothing in the ICTY Statute or the ICTY Rules of Procedure permit the Trial Chamber to hold the trial in Dr. Karadzic's absence, even if he is represented by counsel. The...
