Author: Kevin Jon Heller

Making Sense of Darfur will be holding an online symposium over the next few weeks dedicated to analyzing what is likely to happen in Sudan in 2010 and 2011.  Here is how it's described by Alex de Waal, with whom I rarely agree but always respect: Sudan faces two momentous events in the next fifteen months. The first is the general...

Martin Holterman and Marko Milanovic have been kind enough to respond to my post on the ICTY's attack on Dr. Karadzic's right of self-representation, so it's only fair that I respond to their responses. To begin with, Martin writes that "[g]iven the precedent of the Milosevic case, and undoubtedly many others with which I am less familiar, I think we can...

As everyone in the world probably knows by now, Dr. Karadzic's trial is set to begin on October 26th.  The current trial date is the culmination of two interrelated decisions by the Tribunal: the Trial Chamber's unsurprising decision not to require the Prosecution to trim its monstrous and completely unworkable indictment (choosing instead to impose insignificant time-limits on the prosecution's...

I have no expertise in this area, so I'm not going to opine on the legality of Zelaya's ouster.  Two things, however, are worth noting.  First, the report that Julian mentions was not written by the Congressional Research Service -- a mistake that others on the right have made.  It was written by the Law Library of Congress.  Second, the...

I don't usually plug products on the blog, but I'm going to make an exception for the Ectaco C-Pen 20, the pen scanner that I've been using to organize the research for my book on the Nuremberg Military Tribunals: I don't know how others work, but I write a very detailed outline of an article and then cut-and-paste all...

Assuming that the other Circuits follow suit, Roger is almost certainly right that the Second Circuit's recent decision in Talisman Energy "will be the death knell for most corporate liability claims under the Alien Tort Statute."  That's regrettable in itself.  What's particularly regrettable, though, is that the Second Circuit still has no idea what it's talking about when it comes...

Another classic by the Sudanese government: Ismail also accused Israel of being behind aggravation and continuation of the Darfur crisis, saying "a group of Darfurians have recently admitted that they have provided the International Criminal Court (ICC) with false evidences, which support our assurances that there are Zionist trends behind aggravation of the Darfur crisis and undermining of the stability in...

When I wrote my critique of the Jerusalem Post editorial on the ICC, I also sent a short letter to the editor pointing out the editorial's basic factual errors.  It was a very straightforward letter -- no politics, just indisputably true facts such as that the ICTY and the ICC are different institutions. It's been more than a week, and the...

Economic blackmail is a part of politics -- but Israel's latest ultimatum to the Palestinian Authority regarding the ICC is still unfortunate: Israel has warned the Palestinian Authority that it would condition permission for a second cellular telephone provider to operate in the West Bank - an economic issue of critical importance to the PA leadership - on the Palestinians withdrawing...

Last January, I blogged about a request by the Sudan Workers Trade Federation Union (SWTU) and the Sudan International Defence Group (SIDG) to submit a brief to the ICC opposing the warrant for Bashir's arrest.  The Appeals Chamber recently granted the request, limiting the groups to commenting on the legal issue at the heart of the appeal -- whether the...

Seemingly more interested in placating victims groups than the judges who will determine Dr. Karadzic's guilt or innocence, prosecutors have refused to trim their monstrous and completely unworkable indictment: In written submissions released by the tribunal Tuesday, prosecutors say further cutting down their 11-count indictment against Karadzic to squeeze it into a year would prevent them presenting evidence encompassing all his...

As part of the backlash against the Goldstone Commission's recommendation that the Security Council refer the situation in Gaza to the ICC if Israel and Hamas do not conduct credible investigations of their crimes, the far-right Jerusalem Post published an editorial today entitled "Strange Justice: The ICC, Europe, and the World."  The editorial was ostensibly written by a Researcher at...