International Criminal Law

I appreciate Kevin's thoughtful and evenhanded assessment of the ICC Prosecutor's complex decision to seek the arrest of Sudan's president.  There are indeed good arguments both for and against the ICC Prosecutor's move. I'm torn myself.  I have articulated many times before my skepticism of the ICC's effectiveness in helping to end the violence or even to bring justice for Darfur....

I have been going back-and-forth with myself about the wisdom of indicting Bashir for genocide.  I continue to believe that the move is a risky one in the short term, given the likelihood that the Sudanese government will respond to the indictment with violence against the peacekeepers and the humanitarian workers in the country.   Nevertheless, I find the following defense...