In association with the International Commission of Jurists

International Criminal Law

05 Mar

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...

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04 Mar

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...

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23 Feb

A few months ago, I mentioned in the comments to my now-infamous grape soda post that although I have no ethical qualms about advising Dr. Karadzic, I would not have defended Hitler if he had lived to see the inside of an Allied courtroom. That statement led to a number of pointed -- and understandable -- criticisms, such as this...

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22 Feb

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...

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11 Feb

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...

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09 Feb

John Louth at OUP has kindly alerted me to the existence of a new blog that will no doubt be of interest to our readers: the International Criminal Law Bureau. Members include well-known practitioners and scholars, including Steven Kay, QC, and Guénaël Mettraux (of whom I'm a big fan). The blog is part of a larger project by the same name. ...

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05 Feb

Sometimes reporters and their editors get caught up in a narrative, and forget to check facts.  In the case of Obama and Bush, every Obama pronouncement is presumed to represent a reversal of Bush policy. But this is simply not true (see, e.g., the predictable and apparently uncontroversial Obama retention of Bush policies on  "extraordinary rendition" and airstrikes in Pakistan).   And so it...

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02 Feb

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. ...

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29 Jan

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, ...

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21 Jan

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...

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16 Jan

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...

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