As Mark Kersten has already ably discussed at Justice in Conflict, the ICC released a statement yesterday regarding Melinda Taylor's detention. Ironically, although I think everything about the statement is profoundly devastating to the Court's credibility, I am actually slightly less bothered than Mark by the "regret" section of the statement: The ICC deeply regrets any events that may have given...
According to The Guardian, Libya is now interrogating Taylor and intends to prosecute her for violations of “national security” (read: doing her job and defending Saif) even if the ICC apologizes: Tripoli said on Wednesday night that Taylor, one of four ICC officers who were on an official visit to Libya, had tried to deliver documents to Saif that were not...
At Justice in Conflict, Mark Kersten is keeping track of developments concerning Taylor's detention. Checking out some of his links, I was struck (not for the first time, of course) by how little the media knows about how the ICC works -- and by their willingness to think the worst of criminal defense attorneys, even in the absence of any...
Dapo Akande has just posted about the Pre-Trial Chamber's recent conclusion that Art. 95 of the Rome Statute permits Libya to delay surrendering Saif to the Court pending resolution of its admissibility challenge. I don't want to rehash the general issue; readers can simply check out Dapo's post and my post here. Instead, I want to focus on the one...
So, you're Bob Carr, Australia's Foreign Minister. You've decided you want to free Melinda Taylor, ICC lawyer, detained and imprisoned by the Libyan government. You fly to Libya to meet with government officials. Do you demand Taylor's immediate release, citing the cooperation provisions of SC Res. 1970? Do you remind the officials that their consistent refusal to allow Saif legal...
In early May I discussed the OPCD's motion to disqualify Moreno-Ocampo for making a number of inflammatory statements to the press concerning Saif Gaddafi's guilt. On June 12, just four days before the end of Moreno-Ocampo's tenure as prosecutor, the Appeals Chamber rejected the motion -- but not without emphasizing that he had, in fact, acted unethically. The decision focused...
It will not come as a surprise to regular readers that I am appalled by Libya's detention of Melinda Taylor, a lawyer with the ICC's Office of Public Counsel for the Defence, and her translator. There is no evidence that Taylor has done anything wrong; indeed, as Mark Kersten notes, it seems eminently possible that her detention is simply a...
Like most people who believe in international criminal justice, I'm frustrated by the Sudanese government's ability to stonewall the ICC regarding its innumerable crimes in Darfur. But reactions like these don't help: Moreno-Ocampo, who stands down as ICC chief prosecutor in two weeks, called on the Security Council to take tougher action to detain President Omar al-Bashir and other Sudanese officials...
Dear readers, I need your advice. I was recently asked by a good journal to peer review a short essay about international criminal law. The essay was quite good, and I would have had no qualms about recommending its publication, but I had the strangest sense of deja vu as I read it. It didn't take me long to realize...
The Office of the Prosecutor has filed its response to Libya's challenge to the admissibility of the cases against Saif Gaddafi and Abdullah al-Senussi. There are a number of interesting aspects to the response. First, it says nothing about the case of al-Senussi. That's a curious omission, given that the response specifically points out with regard to Saif (para. 41)...
I want to call readers' attention to a wonderful new Oxford book to which I've contributed a chapter: International Prosecutors, edited by Luc Reydams, Jan Wouters, and Cedric Ryngaert. Here is the publisher's description: This volume examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It...
I want to congratulate my friend Andrew Cayley, the Chief International Co-Prosecutor of the ECCC and a barrister at London's Doughty Street Chambers, on being named QC in England. Given the constant turmoil that has roiled the ECCC over the past year, the news is a welcome (re-)affirmation of Andrew's legal ability. The ECCC is lucky to have him....
