The blog Making Sense of Darfur has been hosting a symposium on Adam M. Smith's book After Genocide: Bringing the Devil to Justice, in which the author argues -- oversimplifying only slightly -- that international criminal trials are always inferior to domestic trials and non-punitive accountability mechanisms. I have neither the time nor the inclination to address the book's claims...
Ruth Wedgwood comments at Forbes magazine website on the "compassionate" release of Al-Megrahi from prison in Scotland. I agree overall with Ruth: Abdel Basset Ali al-Megrahi, is now a free man. He was convicted in the specially created Hague trial court by a panel of Scottish judges, and his appeal was rejected by the Scottish appellate chamber. He remained in prison...
Responsibility to Protect (R2P) is in trouble in the UN, according to a dismayed account in this week's Economist ("An idea whose time has come - and gone?" Economist, July 25, 2009, p 58). I'm dismayed, too. At the 2005 UN reform summit of the General Assembly, says the Economist the biggest-ever gathering of world leaders accepted the principle that they have...
Rather than comment on the refreshingly tough realism or seriously imprudent bear-baiting of Vice-President Biden's recent remarks on Russia ("Russia will bend to the US"), or whether there is an important and dangerous gap between short-term and long-term in the collapse of an imperial nuclear power even if the long-run claim is true, etc., let me instead offer a background...
For critics of universal jurisdiction, Spain's UJ statute has become the poster child for accusations of excess. How strange it seems that roughly ten years ago it was so widely celebrated as the provision that brought down General Augusto Pinochet. Spain's indicting the former Chilean dictator and Britain's detaining him on the attendant arrest warrant and extradition request...
A couple of weeks ago, Sweden did something unprecedented for an EU nation -- it indicated it would proceed with the extradition of an accused Rwandan génocidaire to Kigali. Sylvere Ahorugeze, a 53-year-old former director of Rwanda's civil aviation authority, is implicated in the 1994 murder of a group of civilians in the Kigali suburb of Gikondo. He...
British Justice Secretary Jack Straw recently proposed amending the United Kingdom's International Criminal Court Act of 2001 (which permits universal jurisdiction prosecution of atrocity crimes) to allow authorities to file cases for atrocities committed as far back as January 1, 1991. This would close a loophole that has been giving safe haven to génocidaires who enter the UK after...
I want to thank Opinio Juris for having me over the next couple of weeks as a guest-blogger. I noticed that Eugene Kontorovich's thought-provoking posts last week dealt primarily with the issue of Israeli settlements in the West Bank. My posts to start will not be that focused. If I had to discern one overarching theme for...
Last week I wrote a post about secessionism in Flanders and regionalism in Europe, more generally. That post had been inspired by a post by "Chirol"at the blog Coming Anarchy. I now see that Chirol followed-up his original Flanders piece with an essay considering a possible future of microstates in Europe. He wrote: I’ve put together a map of the future of Europe in 2020....
It takes a special kind of stupid to be Pat Buchanan. Last night, in response to a question from Rachel Maddow about whether his hostility to elevating a Latina to the Supreme Court makes sense given that 98% of Justices (108/110) have been white, Buchanan said: "White men were 100% of the people that wrote the Constitution, 100%...
The Wall Street Journal has the story: After six days of grueling debate, Iceland's parliament voted narrowly Thursday to apply to join the European Union -- an institution from which the country long stood proudly apart. But a binge of overseas expansion by Iceland's buccaneering banks led to a towering stack of bills that couldn't be paid when the credit crunch cut...
The President of the Czech Republic, Vaclav Klaus, has signed the act of Parliament ratifying the Rome Statute, thus completing the Czech Republic's accession to the ICC. All of the members of the EU have now joined the Court. Congrats, Czech Republic!...
