I just finished giving an interview about the Karadzic case to the BBC's World Today program. It was, to say the least, a shocking experience. I assumed that they wanted to ask about Dr. Karadzic's decision to boycott the beginning of the trial -- why he made it, what it means for the trial, etc. My bad! Instead, the first...
I have to admit, when I first heard about the Mbeki Panel, I was skeptical. I assumed that the Panel's report would be a typical apologia for the Sudanese government's crimes, criticizing the ICC and defending the African Union's promise not to surrender Bashir to the Court. It looks like I owe Mbeki an apology. The recommendation section of the report...
I will remain agnostic until I can read the actual report, but a new article in the Sudan Tribune seems encouraging: The African Union (AU) panel that was tasked with balancing peace and accountability in Darfur has made an implicit endorsement of the International Criminal Court (ICC) prosecutions despite unfavorable disposition to the issue by African leaders and also called for...
As has been widely reported, Dr. Karadzic intends to boycott the start of his trial to protest the Tribunal's refusal to give him the time he needs to adequately prepare for trial. I don't know when the letter he submitted to the Tribunal will appear on the ICTY website, so I have made it available here: karadzic-submission-of-21-oct-20091 Dr. Karadzic's decision is deeply...
Jonathan Adler, a blogger at The Volokh Conspiracy, has asked me what I think about the editorial that Robert Bernstein, the founder of Human Rights Watch, published yesterday in the New York Times criticizing the organization's coverage of Israel. My basic response: although I disagree with much of what Bernstein has to say, his criticisms must give anyone pause, because...
Looking at the long-awaited new Obama Sudan Strategy, there is much to admire. It is sensible, forward-looking, and realistic. It also appears to be pretty much the same policy President Bush pursued, which then Obama campaign adviser Susan Rice (and current UN Ambassador) trashed back in 2008. For instance, it emphasizes ending the violence and war through a peace agreement,...
Making Sense of Darfur will be holding an online symposium over the next few weeks dedicated to analyzing what is likely to happen in Sudan in 2010 and 2011. Here is how it's described by Alex de Waal, with whom I rarely agree but always respect: Sudan faces two momentous events in the next fifteen months. The first is the general...
Martin Holterman and Marko Milanovic have been kind enough to respond to my post on the ICTY's attack on Dr. Karadzic's right of self-representation, so it's only fair that I respond to their responses. To begin with, Martin writes that "[g]iven the precedent of the Milosevic case, and undoubtedly many others with which I am less familiar, I think we can...
The Obama Administration is becoming famous for their Friday night news dumps (deficit reports are always on Fridays). So here is another one sure to anger some parts of their base, but which is carefully buried while everyone is watching the Yankees beat up on the Angels. The Obama administration has formulated a new policy for Sudan that proposes working with that country’s...
The Washington Post reports that a prominent Democratic fundraiser and close ally of Senator John Kerry (chairman of the Senate Foreign Relations Committee) is seeking to be permitted to lobby on behalf of the current Sudanese government. This may seem a little weird, and even morally distasteful, but it is another logical consequence of the engagement strategy. As the hopeful...
This video from Anne Bayefsky of the Human Rights Council meetings on the Goldstone Report is fascinating (though I am not on board with her over-the-top attack on Goldstone personally). But note the indiscriminate and deeply hypocritical use of the words "genocide," "war crimes," and "crimes against humanity" by the least morally attractive member states of the HRC (How...
Assuming that the other Circuits follow suit, Roger is almost certainly right that the Second Circuit's recent decision in Talisman Energy "will be the death knell for most corporate liability claims under the Alien Tort Statute." That's regrettable in itself. What's particularly regrettable, though, is that the Second Circuit still has no idea what it's talking about when it comes...
