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...
Transnational network theory is a very hot topic these days. Part of it is the crossover effect of a new organizing tool from another discipline - we law professors are great hunter-gatherers across many fields - and part of it is a drive to account for new and rising forms of transnational organization and coordination. I have been working fitfully...
More than 150,000 civilians under daily bombardment, with an estimated 2800 already dead (including 500 children) and more than 7000 injured. Water and medicine running short. The advancing forces rejecting a cease fire. And the UN High Commissioner for Human Rights raising concern about potential violations of international human rights and humanitarian law...
At their most recent meeting, the judges of the ICC rearranged the composition of the Court's three Divisions. The new composition is as follows: The judges assigned to the Pre-Trial Division are: Judge Hans-Peter Kaul (Germany), Second Vice-President of the Court; Judge Sylvia Steiner (Brazil); Judge Ekaterina Trendafilova (Bulgaria); Judge Fumiko Saiga (Japan); Judge Sanji Mmasenono Monageng (Botswana); and Judge Cuno...
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...
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...
That is the conclusion of the most comprehensive study of the issue to date, "Confronting the Yugoslav Controversies: A Scholars' Initiative," conducted by Purdue University. From the New York Times, which held follow-up interviews with some of the sources cited in the study: Charles W. Ingrao, the study’s co-editor, said that three senior State Department officials, one of them retired, and...
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...
In public, Sudanese government officials have uniformly defended Bashir against the supposed depredations of the ICC. According to the Institute for War & Peace Reporting, however, they tell a different story in private: A minister with the president’s National Congress Party, NCP, said that members were left reeling by the announcement of an arrest warrant issued against Bashir by ICC judges...
I am happy to report -- though some readers will no doubt be unhappy to hear -- that the OTP has requested leave to appeal the Pre-Trial Chamber's decision on the genocide charges. The appeal cites my recent post on the majority's misunderstanding of the "reasonable grounds" standard, which is both a tremendous honor and a testament to the ever-increasing...
