Robert Petit, the International Co-Prosecutor, is resigning effective September 1: In a statement, Robert Petit said he would be stepping down as of 1 September for personal and family reasons. “It has been the greatest privilege of my career to have the opportunity to bring some justice to the victims of the crimes of the Khmer Rouge,” he said. “I remain convinced...
Apparently, that bastion of freedom and human rights didn't get the memo that Holmes' infamous comment in Buck v. Bell -- that "three generations of imbeciles are enough" -- isn't exactly viewed as a shining moment in US constitutional jurisprudence: Rwanda is being urged to drop a draft law which would forcibly sterilise people who are mentally disabled. US-based campaign group Human...
With the Supreme Court term now complete, I thought it would be useful to give a brief year-end review of the Court's decisions. The Supreme Court produced no blockbuster cases this year on any subject related to our discipline. It was truly a sleeper year. There were three cases addressing immunity; two cases addressing asylum, one case...
After more than a decade of legal wrangling, Chile has finally ratified the Rome Statute. Chile's accession means that every country in South America is now a member of the ICC -- a significant accomplishment. Congratulations, Chile!...
Events in Honduras occurred while I was in a plane on a long flight, so I do not have enough of a grasp of what the facts are, or appear to be, to offer an opinion. However, I wanted to note that, whatever they are exactly, they seem to have touched off an interesting, and not inconsequential debate, over what...
Update, July 3, 2009. The Economist of July 4, 2009 has a useful, short article on the EU's proposals for reforming global finance, "Divided by a Common Market." I will put up a separate post with some excerpts from the piece.) I spent the plane flights back and forth to Prague over the weekend mostly reading, uninterrupted and straight through, the...
The New York Times (along with much of the mainstream media) has "rediscovered" cyberwar of late (see here, here, here, and here). Today's story revives longstanding differences between Russian government proposals to regulate cyberwarfare by treaty versus existing U.S. preferences to place the issue in more informal law enforcement cooperation networks: Russia favors an international treaty along the lines of those negotiated for...
A quick update on the OTP's efforts to include genocide charges in Bashir's arrest warrant. Pre-Trial Chamber I has now granted leave to appeal the issue I've discussed before -- whether it misunderstood Article 58's "reasonable grounds" requirement when it rejected the genocide charges. It's a very defensive decision, almost certainly written by Judge Steiner, who is the only holdover from...
It seems likely that Spain is about drastically curtail its universal jurisdiction law--the law that had been used by Magistrate Baltasar Garzon to go after Augusto Pinochet--such that it really won't be universal jurisdiction at all. While some (many?) of my international law colleagues may view this as a step backwards, I welcome this adjustment as a prudent move that will foster...
So, it looks like Britney Spears may be back on the silver screen in the near future -- in a Holocaust movie: Spears...
(Note from Ken: OJ has been very pleased to have Amos Guiora guest-blogging with us last week, offering a series of posts on the question of administrative detention in Israel, and how its legal and security system address the many complex questions raised. I raised to Amos a question about the role of the judiciary in Israel in counterterrorism operations,...
Legend has it that the Danes undermined German efforts to persecute Jews in Denmark by acting in solidarity with them by wearing the yellow star. (And yes I know the story is apocryphal). We can't exactly do the same thing today for Iranians, but one small act of solidarity we can do is make it easier for Iranians to...
