In association with the International Commission of Jurists

Author: Kevin Jon Heller

12 Feb

Although the ICTY's recent high-profile acquittals have been getting all the attention, it's worth noting that the ICTR Appeals Chamber has just acquitted two high-ranking defendants, Augustin Ndindiliyimana, the former chief of staff of the Rwandan paramilitary police, and François-Xavier Nzuwonemeye, the former commander of a military reconnaissance battalion, on the ground that the Trial Chamber erred in concluding that they...

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09 Feb

Sergey Vasiliev, an excellent young ICL scholar, has posted at the Center for International Criminal Justice a superb -- and very long -- analysis of the relationship between Perisic and Sainovic entitled "Consistency of Jurisprudence, Finality of Acquittals, and Ne Bis in Idem." I agree with almost everything Sergey says, although I don't think we should consider the Perisic AC's...

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07 Feb

It's an excellent post, well worth reading in its entirety. I just want to flag two particularly important points. The first concerns whether, in light of Šainović, Perišić can really be considered fundamentally flawed. Schabas compellingly argues no: But the Prosecutor is not claiming that any ‘new fact’ has been discovered. Rather, the Prosecutor is arguing that the law has changed as...

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03 Feb

President Obama has issued the following memorandum concerning US participation in the UN's Mali stabilisation mission: By the authority vested in me as President by the Constitution and the laws of the United States of America, and consistent with section 2005 of the American Servicemembers' Protection Act of 2002 (22 U.S.C. 7424), concerning the participation of members of the Armed Forces...

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01 Feb

I was very sad to learn that Maximilian Schell died today at age 83. Schell was sensational as the defence attorney, Hans Rolfe, in Judgment at Nuremberg -- it was only his second role in a Hollywood movie, and he won an Academy Award for it. An original poster of the film hangs above the desk in my office; I...

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22 Jan

Posting has been a bit light lately and will continue to be light for a while, because I am in the process of relocating to London. If you would like to contact me, please use my new SOAS email address: kh33@soas.ac.uk. I am not sure how long I will be able to get emails at my Melbourne address....

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17 Jan

The decision was given orally, and no written decision is available yet. But here is what The Standard's online platform is reporting: The International Criminal Court has conditionally excused Deputy President William Ruto from continuos presence at trial but with some conditions. The judges outlined nine conditions during the Wednesday ruling. ICC Presiding Judge Eboe-Osuji in the oral ruling said: “The Chamber hereby...

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14 Jan

Standard Digital News, the online platform of The Standard, one of Kenya's leading newspapers, published a long article yesterday entitled "Did State Parties Hoodwink Kenya, African Union on ICC Attendence?" Here are the opening paragraphs: KENYA: Did the Rome Statute Assembly of State Parties hoodwink Kenya that the country’s chief executives would be excused from physical presence at their trials? This...

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10 Jan

Manuel Ventura, the director of the Peace and Justice Initiative, has published two excellent posts at Spreading the Jam (here and here) that criticize the specific-direction requirement -- and my defence of it. I cannot possibly address all of the points that Manuel makes, but I do want to respond to his understanding of the role that customary international law plays at the ICTY...

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06 Jan

Gidon Shaviv called it. The Muslim Brotherhood does indeed believe that it can accept the ICC's jurisdiction on an ad hoc basis because it is still the legitimate government of Egypt: Just how successful the ICC action will be is unclear. Egypt is one of the few countries that have not accepted the ICC’s jurisdiction. However, Mr. Dixon and other members of the legal team said the...

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03 Jan

So this is baffling: The international legal team representing the Muslim Brotherhood has filed a complaint to the International Criminal Court, reported state-owned media agency MENA. The team has previously said on 16 August and on 15 November that, following their investigations, they have gathered evidence showing that members of the “military, police and political members of the military regime have committed...

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