Although prospects of a marriage remain somewhat fanciful, if the ASIL Task Force on U.S. Policy Toward the International Criminal Court has its way, the Obama Administration will take steps to engage with the ICC in a much more positive way than the Bush Administration. The Task Force issued a press release today, proposing several significant shifts in U.S. policy. ...
Every law professor has that one edited book to which they wish they had contributed. This one is mine. The contributors read like a Who's Who of international criminal law: A. Major Problems of International Criminal Justice Part I. How to Face International Crimes Collective Violence and International Crimes, A. Ceretti State Responsibility and Criminal Liability of Individuals, ...
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...
Regular readers no doubt know that I am obsessed with the media's seemingly congenital inability to grasp the law and politics of the ICC. My new favorite comes via the BBC, in an article about the impending arrest warrant for Bashir: Two Sudanese groups have formally requested the International Criminal Court (ICC) not to issue an arrest for President Omar al-Bashir. He...
ICC silliness doesn't just affect the media. States and NGOs suffer the malady, as well. Case in point: the recent, repeated calls for the ICC to prosecute Israel for war crimes allegedly committed in Gaza. First up, Bolivia: "The Andean state says it is intended to make regional allies take a unified stance against "the Israeli political and military leaders responsible...
I have not been following the work of the Cambodia special chambers, which is probably why I found these views by James Bair (blogger, loyal OJ reader and soon-to-be JD from Northeastern Law School) all the more informative and interesting. Bair is a former legal intern at the Extraordinary Chambers in the Courts of Cambodia (ECCC) and has followed the...
So this video is obviously intended to defend the actions of the Israeli Defense Forces during their action in Gaza. But it is fascinating in terms of its footage of precise IDF bombings, and its provision by provision discussion of certain relevant provisions of the Geneva Conventions. Obviously, it is a piece of advocacy, but it is effective. Anyone have a...
[Susan Benesch is a Fellow at the Center for Applied Legal Studies at Georgetown Law Center and a former guest blogger here at Opinio Juris.] Simon Bikindi, the Rwandan pop star whose two-year trial at the ICTR was apparently the first attempt to criminalize music in international law, was just convicted of incitement to genocide but not, after all, for his...
Those who defend Israel's use of armed force -- in Gaza and elsewhere -- often complain that critics reflexively assume the worst about Israel's intentions. There is more than a grain of truth to that, but Israel doesn't help itself with its inability to admit that faulty intelligence sometimes leads it to make mistakes. Case in point: the attack on...
Philippe Sands gave an extensive interview on NPR's Fresh Air yesterday. Sands is already on record with his view that torture has occurred as a part of U.S. detention policy at GTMO and that high level officials are responsible for these acts. Although I'm not sure he had much new to say, his careful and eloquent arguments make for easy listening. ...
I met my client yesterday for the first time. For obvious reasons, I cannot recount the substance of what he, I, and his legal associate, Peter Robinson, discussed. But I thought readers might be interested in my impressions of the visit and my sense of Dr. Karadzic, which bears little resemblance to the image portrayed in the media. First,...
