The two-part series I mentioned in my previous post seems designed to rehabilitate Judge Harhoff's image in the international-law community. Unfortunately, the articles, which draw heavily on an interview with the judge himself, simply underscore why it was necessary for the ICTY to remove him from the Seselj case. To begin with, consider what the judge says in the second...
I get that many people don't like the specific-direction requirement. I understand the anger that the Perisic, Stanisic, and Simatovic acquittals have generated. I've even explained why, though I think the Appeals Chamber was correct to reinvigorate the specific-direction requirement in Perisic, I would have preferred a different doctrinal mechanism. But I am really, really tired of people -- journalists, human-rights activists,...
The Office of the Prosecutor (OTP) at the ICC just released its 2013 Report on Preliminary Examination Activities. There is much to chew over in the report, but what is most striking is the OTP's slow-walking of its preliminary examination into crimes committed in Afghanistan. The OTP divides preliminary examinations into four phases: (1) initial assessment, which filters out requests for...
The Assembly of States Parties (ASP) has adopted three new rules of procedure -- RPE 134 bis, ter, and quater -- designed to minimize the obligation of accused to be physically present at trial. The OTP will almost certainly challenge the new rules. So will any of them survive judicial review? Rule 134bis Rule 134bis concerns video technology: 1. An accused subject to a summons...
Two of the four men arrested on suspicion of witness tampering and manufacturing evidence in the Bemba case appeared before the Court today, along with Bemba himself. Not surprisingly, defence counsel for the defence counsel focused on the various ways in which the arrests will prejudice Bemba's case: Meanwhile, defense lawyers for the accused stated that the new charges had harmed...
Article 51(4) of the Rome Statute: The Rules of Procedure and Evidence, amendments thereto and any provisional Rule shall be consistent with this Statute. Article 63(1) of the Rome Statute: The accused shall be present during the trial. New Rule 134ter of the Rules of Procedure and Evidence: An accused subject to a summons to appear may submit a written request to the Trial Chamber...
According to the Washington Post, the Department of Justice has essentially decided against trying to prosecute Julian Assange for publishing the Chelsea Manning documents: The officials stressed that a formal decision has not been made, and a grand jury investigating WikiLeaks remains impaneled, but they said there is little possibility of bringing a case against Assange, unless he is implicated in...
The ICC has announced that four individuals associated with the Bemba case, including Bemba's lead counsel and case manager, have been arrested on suspicion of witness tampering and manufacturing evidence: On 23 and 24 November 2013, the authorities of the Netherlands, France, Belgium and the Democratic Republic of the Congo (DRC) acting pursuant to a warrant of arrest issued by Judge...
A few days ago, in response to reports of an imminent deal between P5+1 and Iran concerning Iran's uranium enrichment, Tyler Cullis and Ryan Goodman debated whether Iran has a "right" to develop nuclear power for civilian purposes. Tyler argued that Iran does, citing (inter alia) Art. IV of the Treaty on Non-Proliferation of Nuclear Weapons (NPT): Nothing in this Treaty...
A couple of days ago, I blogged about proposals that will soon be debated at the ICC's Assembly of States Parties (ASP) to excuse Kenyatta and Ruto from having to be physically present at trial. Colum Lynch has kindly posted the text of the two proposals, both of which would amend Rule 134 of the Rules of Procedure and Evidence (RPE)....
As Mark Kersten discusses today at Justice in Conflict, one of the reasons the Security Council rejected Kenya's request to defer the Kenyatta and Ruto prosecutions is that it believes the issue of their presence at trial is better addressed by the Assembly of States Parties. Here is how Mark summarizes what could happen at the ASP: At this year’s ASP,...
A couple of weeks ago, Mother Jones blogger Kevin Drum said he was surprised that Syria has, by all accounts, voluntarily given up its chemical-weapons capability: I don't really have any comment about this, except to express a bit of puzzlement. As near as I can tell, Bashar al-Assad is really and truly sincere about destroying his chemical weapons stocks.1 But why?...
