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Following-up on my post on Harold Koh's nomination, in the first part of this post I round-up some links to new stories and blog posts on Koh's nomination. Moreover, after the "continue reading" jump there is a guest post from Prof. Anupam Chander of the University of California, Davis (currently visiting at the University of Chicago). In the last day or so,...

I was very happy to hear last week the news that Dean Harold Koh of Yale, someone I have known for many years and whom I greatly admire, was being nominated to head the State Department’s Office of the Legal Adviser. It’s one of those picks that just makes sense: Koh is widely respected in the legal profession (among lawyers with a...

The following is a guest post written by Kate Cronin-Furman and Amanda Taub, the brains behind the must-read blog wronging rights.  My thanks to them for contributing it. Two weeks ago, Pre-Trial Chamber I of the International Criminal Court issued a warrant for the arrest of Sudanese President Omar Hassan al-Bashir.  (We’re sure you all remember; it was kind of a...

I am happy to report -- though some readers will no doubt be unhappy to hear -- that the OTP has requested leave to appeal the Pre-Trial Chamber's decision on the genocide charges.  The appeal cites my recent post on the majority's misunderstanding of the "reasonable grounds" standard, which is both a tremendous honor and a testament to the ever-increasing...

I'm here in Kigali for the next couple of weeks staying at the "Hotel Rwanda" aka Hotel des Milles Collines. It's a surreal experience sitting here overlooking the swimming pool of this four-star hotel where fifteen years ago manager Paul Rusesabagina sheltered 1,268 Tutsis from the Rwandan genocide. I spent much of the day yesterday at the Rwanda Genocide Memorial...

Having now read the decision on the arrest warrant, I am more convinced than ever that the majority completely misunderstands Article 58's "reasonable grounds" requirement.  The rationale for the majority's argument that there are no reasonable grounds to believe Bashir is responsible for genocide comes in paras. 158 and 159, concerning the Prosecution's proof of the Sudanese government's genocidal intent...

In what proved to be the worst kept secret in the world, the Pre-Trial Chamber (PTC) has decided to issue a warrant for Bashir's arrest on the war crimes and crimes against humanity charges, but not on the genocide charges.  More substantive analysis will have to await an explanation of the PTC's reasoning.  For now, a couple of quick thoughts. To...

Yesterday, the U.S. State Department released the 2008 Country Reports on Human Rights Practices -- colloquially referred to as the Annual Human Rights Report.  As a matter of law, it is a report by the State Department to the United States Congress.  The mandate grew from a requirement of congressional review of foreign assistance to a more comprehensive summary of...

The Sixth Circuit last week rendered an important amended opinion in O'Bryan v. Holy See addressing the question of whether the Holy See could be sued for its role in the clergy sexual abuse scandal. The decision is fascinating and should be quite controversial. As an initial matter it is worth pondering the essential conclusion of the Court: every...