It is becoming increasingly clear that the Registry made no attempt to comply with the Appeals Chamber's decision in Seselj. I have now learned that the Registry arranged for Dr. Karadzic to meet with five defence barristers, including Mr. Harvey. Dr. Karadzic was then given a deadline to choose one. Instead, citing Seselj, Dr. Karadzic asked for a copy of...
When I critique the US's refusal to join the ICC in my international criminal law class, I make sure to emphasize not only that the US has traditionally played a very positive role in ICL -- from Nuremberg to the SCSL -- but also that the Rome Statute would be considerably worse but for the input of the American representatives...
The ICTY has appointed Richard Harvey, a barrister with Garden Court Chambers in London, to serve as Dr. Karadzic's stand-by counsel. There is no question that Mr. Harvey is more than qualified for the position: in addition to defending a number of individuals accused of terrorism-related offences in the UK, Mr. Harvey has served as the lead counsel in one...
I haven't irritated OJ purists by blogging about (international) sports for a while, so I think it's only appropriate to point out that, for the second time in two years, the French have stayed alive in a World Cup only by the grace of pathetic officiating. The most recent outrage comes courtesy of soccer (being American, I refuse to call...
The following is a guest post by Lt. Col. Chris Jenks, the Chief of the International Law Branch in the Office of the Judge Advocate General. Lt. Col. Jenks is posting in his personal capacity. A Canadian Court recently sentenced Désiré Munyaneza, a former Rwandan Army officer, to life imprisonment with eligibility for parole following his conviction in May for...
Another day, another attempt by the Registry to undermine the fairness of Dr. Karadzic's trial. Rule 3.3 of the Registry's Remuneration Scheme for Persons Assisting Indigent Self-Represented Accused provides that a self-representing defendant's legal team is entitled to be paid for "a maximum of 150 out-of-court preparation hours...
Tommy Crocker, who teaches constitutional law and criminal procedure at the University of South Carolina School of Law, will be guest-blogging with us for the next two weeks. Tommy writes on a variety of issues, including torture and the First Amendment. His work has appeared the UCLA Law Review, the Texas Law Review, Fordham Law Review, and the peer-reviewed Law...
Both Martin Holterman and Sasha Greenawalt have questioned my repeated -- and quite deliberate -- insistence that "no competent barrister will accept appointment as stand-by counsel under these circumstances," and that any barrister who does accept the appointment will thus "be interested in one thing and one thing only: the free publicity that comes with it." Martin's comment is the...
The depths to which the extreme right will sink to oppose offering quality healthcare to all Americans really knows no bounds: Disgusting. Absolutely disgusting. P.S. In case you can't read the sign on your computer, it reads “National Socialist Health Care: Dachau, Germany – 1945.”...
Compare the following. First, Reed Stevenson for Reuters: Yugoslavia tribunal judges ordered legal counsel for former Bosnian Serb leader Radovan Karadzic and adjourned his trial until March 2010 to give the new defence lawyers time to prepare. Karadzic has been acting as his own attorney and has been boycotting the trial which charges him with some of Europe's worst atrocities since World...
As most readers probably know by now, the Trial Chamber has decided to adjourn Dr. Karadzic's trial until 1 March 2010 and appoint stand-by counsel who will step in if, at that time, Dr. Karadzic continues to boycott the trial. Here are the relevant paragraphs from the decision: 19. On the issue of continuing the trial in the absence of the...
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....
