(Welcome Instapundit readers, and thanks Glenn for the Instalanche! Since you are likely already aware of the Freeman email, the discussion of a 'new liberal realism' is in the second half of the post.) OJ readers being very alert to the latest happenings in international politics, I imagine that folks are aware that Chas Freeman has withdrawn from consideration for a...
The UN Human Rights Council is holding its 10th session this month in Geneva. The agenda and program of work are useful guides to the issues under discussion, and the open Council sessions are being aired at this webcast link. (Tomorrow's session is an all-day plenary on the rights of the child.) All this transparency is a good thing. And...
I'm here in Kigali for the next couple of weeks staying at the "Hotel Rwanda" aka Hotel des Milles Collines. It's a surreal experience sitting here overlooking the swimming pool of this four-star hotel where fifteen years ago manager Paul Rusesabagina sheltered 1,268 Tutsis from the Rwandan genocide. I spent much of the day yesterday at the Rwanda Genocide Memorial...
Two genocide bloggers at Change.org, Michelle F. and Michael Bear Kleinman, have been engaged for the past couple of weeks in an impassioned debate over the ICC's arrest warrant for Bashir. (See here and here, for the most recent installments.) Michelle, though certainly not unaware of its dangers, supports the warrant. Kleinman opposes it, blaming the ICC -- like many...
Stephen Cave has a very nice short essay at the Financial Times, reviewing three books on battlefield robotics ("The New War Machine," March 7, 2009), including a discussion of PW Singer's new book, Wired for War. Talon is a robot. He is the future of warfare and, with more than 12,000 robotic machines already deployed in Iraq, he is also...
In 2003, near the beginning of the Iraq war, I posed the question in the New York Times Magazine – ‘Who owns the rules of war?’ At that time, I suggested, the rules of war, including their formation, restatements, enunciation, interpretation, etc., had been gradually been passing out of the hands of state actors, those which actually engaged in it, and...
One of the most important issues in international criminal law is whether a genocidal policy or plan is an element of the crime of genocide. The ICTY Appeals Chamber held in Jelisic that it is not -- and that, as a result, genocide can be committed by a lone genocidaire. Some scholars disagree, most notably Bill Schabas, who pointed out...
Everything you need to know about the majority's dismissive attitude toward the Prosecution's evidence of genocide is contained in this paragraph: 179. In relation to the alleged insufficient resources allocated by the GoS to ensure adequate conditions of life in IDP Camps in Darfur, the Majority considers that the Prosecution's allegation is vague in light of the fact that, in addition...
Having now read the decision on the arrest warrant, I am more convinced than ever that the majority completely misunderstands Article 58's "reasonable grounds" requirement. The rationale for the majority's argument that there are no reasonable grounds to believe Bashir is responsible for genocide comes in paras. 158 and 159, concerning the Prosecution's proof of the Sudanese government's genocidal intent...
In what proved to be the worst kept secret in the world, the Pre-Trial Chamber (PTC) has decided to issue a warrant for Bashir's arrest on the war crimes and crimes against humanity charges, but not on the genocide charges. More substantive analysis will have to await an explanation of the PTC's reasoning. For now, a couple of quick thoughts. To...
My friend Sonya Sceats at Chatham House has asked me to announce the following event: International Law Discussion Group Monday 23 March 2009 17:30 to 19:00 Location: Chatham House, London Speakers include: Judge Bernard Ngoepe, African Court on Human and Peoples Rights; Sanji Monageng, Chairperson of the African Commission on Human and Peoples' Rights; Nobuntu Mbelle, representative of civil society Chair: Lord Steyn Against the backdrop of human tragedies...
A few months ago, I mentioned in the comments to my now-infamous grape soda post that although I have no ethical qualms about advising Dr. Karadzic, I would not have defended Hitler if he had lived to see the inside of an Allied courtroom. That statement led to a number of pointed -- and understandable -- criticisms, such as this...
