Everything you need to know about the majority's dismissive attitude toward the Prosecution's evidence of genocide is contained in this paragraph: 179. In relation to the alleged insufficient resources allocated by the GoS to ensure adequate conditions of life in IDP Camps in Darfur, the Majority considers that the Prosecution's allegation is vague in light of the fact that, in addition...
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...
I have posted to SSRN an article I recently published in the Oregon Review of International Law, entitled Imagining Sovereignty, Managing Secession:The Legal Geography of Eurasia’s "Frozen Conflicts." This article was written for a symposium on law and geography at the University of Oregon Law School that was organized by Hari Osofsky (of IntLawGrrls). I use my article to argue that...
My apologies for the light posting lately. Getting settled in Melbourne -- and preparing to teach Australian criminal law -- has been very time consuming. My new email address is kheller@unimelb.edu.au. Feel free to write! I'll be back to posting regularly soon. In case you just can't wait that long -- hi, mom! -- here is a link to an hour-long...
There is an interesting discussion going on at Alex De Waal's blog Making Sense of Darfur about the various theories of liability that might be used to hold Bashir responsible for genocide. The discussion as a whole is well worth checking out; what I want to discuss here is whether Bashir could be convicted of genocide via JCE III, so-called...
Alexander Cooley of Barnard College and the Harriman Institute at Columbia University has an op-ed in the International Herald Tribune looking into how and why the U.S. is in the process of losing its air base in Kyrgyzstan. The story really gives a sense of the brass tacks of the so-called New Great Game: actually a not-so-great game of payoffs, more payoffs, threats, and...
[Opinio Juris is pleased to present this essay by Professor Eugene Kontorovich of Northwestern Law School on the relationship between international law and anti-piracy efforts. Please be sure to click "continue reading" to read the whole essay.] The successful ransom by Somali pirates of a Ukrainian freighter laden with arms and armor is indicative of the broader failure of the...
I rarely like – if that is even the right word – movies about the Holocaust. Such movies almost invariably invite us to identify with a small number of Jews imprisoned in the concentration camps, turning the millions of others (unintentionally, to be sure) into a nameless, faceless backdrop of suffering that makes the fate of “our” Jews all the...
NPR's Fresh Air with Terry Gross has a great interview with P.W. Singer of Brookings (and coordinator of the Obama campaign's Defense Policy Task Force) about his new book concerning battlefield robots, Wired for War. Ken and others have written extensively about the use of battlefield robots on this blog and elsewhere, so I won't re-hash the various legal, moral,...
Philippe Sands and Dahlia Lithwick have kindly responded to my post about CAT and the prosecution of torture suspects. Here is their response: We don't believe we are in disagreement on the approach to the obligation under CAT, under Articles 7(1) and (2). The obligation is to "submit the case to its competent authorities for the purpose of prosecution". What happens...
In the comments to my post below on the BBC story, Mark C has kindly provided a link to the "formal request" allegedly submitted on behalf of "millions" of Sudanese who oppose arresting Bashir. (The request also opposes arrest warrants for the rebel leaders, although perfunctorily -- protecting Bashir is its primary objective.) I hope to address the request's numerous...
