Milan notes in a comment to my previous post that he is "troubled that the Security Council seems not to be referring 'situations' as much as certain crimes committed by certain actors." He is referring to paragraphs 4 and 6 of the SC Resolution: 4. Decides to refer the situation in the Libyan Arab Jamahiriya since...
The referral is part of a larger set of sanctions against Libya. From the UN News Centre: The Security Council today voted unanimously to impose sanctions against the Libyan authorities, slapping the country with an arms embargo and freezing the assets of its leaders, while referring the ongoing violent repression of civilian demonstrators to the International Criminal Court (ICC). In its Resolution...
Here's something you don't see every day: A disciplinary hearing for the chief defence lawyer for former Liberian President Charles Taylor was adjourned indefinitely Friday after just seven minutes because one judge refused to attend. The hearing by the Special Court for Sierra Leone was to weigh possible punishment for British lawyer Courtenay Griffiths after he stormed out...
Yes, after nearly nine years of detention in Guantanamo, Noor Uthan Muhammed has pleaded guilty to two non-existent war crimes. As the ACLU notes in its post on the plea, although the court reporter faithfully translated each time he said "yes" to whether he understood what he was doing, the reporter did not translate the only full sentence Muhammed uttered:...
Even when Moreno-Ocampo wins, he loses. Pre-Trial Chamber II recently rejected a request by Mohammed Hussein Ali, one of the six Kenyans for whom the OTP has sought summonses, to submit "observations" on the investigation That was an easy call; nothing in the Rome Statute permits a suspect to participate in the investigative process so early. The Pre-Trial Chamber nevertheless...
As I discussed yesterday, an Ecuador Court has issued an $8.6 billion judgment against Chevron. I just got off a press conference call with plaintiff's chief lawyer in Ecuador, Pablo Fajardo. He stated that the plaintiffs will seek enforcement of the Lago Agrio judgment throughout the world as soon as the Ecuador appeals process is complete. (At...
Today an Ecuador court fined Chevron $8.6 billion for environmental damage. According to the Wall Street Journal, $5.4 billion of that is to restore polluted soil, $1.4 billion to create a health system for the community, $800 million to treat individuals injured by the pollution, $600 million to restore polluted waters, $200 million to restore native species, $150 million...
This must be that vibrant democracy Richard Cohen recently extolled in defense of denying democracy to Egyptians: The Knesset House Committee on Wednesday approved the composition of two parliamentary panels to investigate the funding sources of human rights organizations. Most of the opposition parties have decided to boycott the committees. The motion passed at the House Committee by a...
The stakes just became larger in the ongoing battle over alleged environmental damage in Ecuador. Chevron just filed a lawsuit in the Southern District of New York against Steven Donziger and forty-seven lawyers, experts, consultants and named plaintiffs alleging RICO, fraud, tortious interference with contract, trespass and unjust enrichment. The Complaint is available here. The Complaint alleges...
As Bobby Chesney noted at Lawfare a few days ago, the Court of Military Commission Review (CMCR) has issued the following order in al-Bahlul: Upon consideration of the record of trial and pleadings of the parties and amicus curiae, the following issues are specified and oral argument is ordered: I. Assuming that Charges I, II, and III allege underlying ...
The State Department this week released the 2009 volume of its Digest on U.S. Practice in International Law. Kudos to Elizabeth Wilcox for continuing the long tradition of making these sorts of materials publicly available; as I've noted previously, I find the whole Digest project--from Moore's seminal series to the current annual volumes--to be an invaluable resource in doing international law...
I, too, sing America. I am the darker brother. They send me to eat in the kitchen When company comes, But I laugh, And eat well, And grow strong. Tomorrow, I'll be at the table When company comes. Nobody'll dare Say to me, "Eat in the kitchen," Then. Besides, They'll see how beautiful I am And be ashamed-- I, too, am America. ~Langston Hughes (1925) Langston Hughes wrote this just one generation before Martin Luther King. One...
