International Criminal Law

Give the Trial Chamber credit, it has at least has stopped pretending that its decisions make any legal sense whatsoever: It said on Monday that Karadzic's appeal request was too vague and premature because at the time of his application, no counsel had been appointed to him. "Granting the application now, and then potentially again on 1 March, 2010 ...

It is becoming increasingly clear that the Registry made no attempt to comply with the Appeals Chamber's decision in Seselj.  I have now learned that the Registry arranged for Dr. Karadzic to meet with five defence barristers, including Mr. Harvey.  Dr. Karadzic was then given a deadline to choose one.  Instead, citing Seselj, Dr. Karadzic asked for a copy of...

The ICTY has appointed Richard Harvey, a barrister with Garden Court Chambers in London, to serve as Dr. Karadzic's stand-by counsel.  There is no question that Mr. Harvey is more than qualified for the position: in addition to defending a number of individuals accused of terrorism-related offences in the UK, Mr. Harvey has served as the lead counsel in one...

I am forwarding this call for papers from Tim Waters at Indiana to be presented at a forthcoming conference on the Milosevic trial. Looks like a great event. The Indiana University Maurer School of Law, Russian and East European Institute and Center for West European Studies announce a major conference in Bloomington, Indiana on February 18-21, 2010. The conference...

The following is a guest post by Lt. Col. Chris Jenks, the Chief of the International Law Branch in the Office of the Judge Advocate General. Lt. Col. Jenks is posting in his personal capacity. A Canadian Court recently sentenced Désiré Munyaneza, a former Rwandan Army officer, to life imprisonment with eligibility for parole following his conviction in May for...

Both Martin Holterman and Sasha Greenawalt have questioned my repeated -- and quite deliberate -- insistence that "no competent barrister will accept appointment as stand-by counsel under these circumstances," and that any barrister who does accept the appointment will thus "be interested in one thing and one thing only: the free publicity that comes with it."  Martin's comment is the...

Compare the following.  First, Reed Stevenson for Reuters: Yugoslavia tribunal judges ordered legal counsel for former Bosnian Serb leader Radovan Karadzic and adjourned his trial until March 2010 to give the new defence lawyers time to prepare. Karadzic has been acting as his own attorney and has been boycotting the trial which charges him with some of Europe's worst atrocities since World...

[Professor James Gathii, provides this timely insta-background on today's decision by the the ICC prosecutor to open an investigation into the 2007 post-election violence in Kenya. Professor Gaathi teaches at Albany Law School, where he is the Associate Dean for Research and Scholarship and Governor George E. Pataki Professor of International Commercial Law. He publishes extensively on legal developments in...

As both Julian and Ken (at VC) have indicated that they believe Arar was rightly decided by the Second Circuit, it's worth noting that Guido Calabresi -- hardly a flaming liberal -- is dissenting in the case, describing the majority's decision as "extraordinary judicial activism."  Scott Horton discusses Calabresi's dissent -- and notes that the majority decision is based on...

Okey-dokey: The political bureau officer at the NCP Mandoor Al-Mahdi also accused the International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo of standing behind the hybrid court proposal. “After Ocampo failed in furthering his agenda through the ICC he now wants to find another entry though the so-called hybrid court” Al-Mahdi said. This week the ICC prosecutor hailed the special tribunal proposal made by...

This isn't going to help the Panel's credibility: The African Union (AU) high level panel on Darfur wanted to find a way out for Sudanese president Omer Hassan Al-Bashir from the International Criminal Court (ICC) indictment, one of the commission members said today in an interview. This week the AU Peace and Security Council (PSC) endorsed a report prepared by an eight-member...