John has kindly agreed to let me post his private response to my previous post about his speech at the Fletcher School. Before I do, though, I want to reiterate how important it is to not let the US's refusal to join the ICC blind us to the many significant contributions the US has made, and continues to make, to...
The State Department has posted John Bellinger's recent speech at the Fletcher School on international criminal justice. It is well worth a read, because it quite rightly highlights the US's many important contributions -- past and present -- to international criminal justice. That said, the speech regrettably dusts off all of the US's tired objections to the ICC: not giving...
As most readers likely know, Germany recently arrested Rose Kabuye, the President of Rwanda's chief of protocol, on behalf of France, who intends to prosecute her for being involved in shooting down then-President Juvenal Habayarimana's plane, the event that triggered the Hutu-led 1994 genocide. It appears that Kabuye actually wants to be prosecuted, because it will give her -- and...
I have often argued that suspending the ICC's investigation of Bashir in the name of "peace" would be a mistake, because Bashir has taken peace seriously only when faced with the prospect of significant international sanctions. Today Michelle F. at Stop Genocide makes that argument far better than I ever could. Here is a taste: Yes, we are talking about millions...
[caption id="attachment_5503" align="alignright" width="250" caption="Malé, Maldives"][/caption] This week's news out of the Maldives is the sort of story that makes international lawyers salivate. It has something for everyone, bringing together issues of democracy, transitional justice, climate change, the law of the sea, not to mention good, old-fashioned sovereignty. On Tuesday, Mohamed Nasheed was sworn in as the archipelago's new President, ending...
Awesome: Jews are no strangers to the idea of persecution and for years, Jewish groups have been at the forefront of the movement to save Darfur save Darfur, a region in western Sudan, which is awash in cultural genocide. Today, they join with Tents of Hope on the National Mall to show solidarity with the refugees of Janjaweed aggression. Sixth & I...
Two items of Sudan news to report. First, the Sudanese government has lawyered up, hiring the prominent British firm Eversheds LLP to represent it at the ICC. I wonder if that means Bashir is expecting the Pre-Trial Chamber to issue the arrest warrant; although Article 19 of the Rome Statute is not the picture of clarity, it seems to allow...
The Butare trial is the ICTR's largest and longest -- it began in June 2001, involves six defendants accused of genocide, and shows no signs of ending anytime soon. The trial is likely to go on even longer because two of the defendants, former Governor Alphonse Nteziryayo and ex-Mayor Elie Ndayambaje, are ill. And that comes not long after one...
Last month, I noted that the ICTR had formally reprimanded its Prosecutor for failing to disclose exculpatory evidence to the defense in the Military II trial. Now Jerome Bicamumpaka, the Minister of Foreign Affairs in the interim government who is accused of genocide, has made similar allegations: Inspired by this sanction inflicted to the prosecution by another formation of judges, Bicamumpaka...
This according to the Sudan Tribune: A senior Chinese official suggested that his country has no plans to introduce a UN Security Council (UNSC) resolution suspending the indictment by the International Criminal Court (ICC) of president Omer Hassan Al-Bashir. China’s special envoy to Africa Liu Guijin told the pro-government daily Al-Rayaam in a rare interview that he toured Washington, Paris and London...
Interested in how popular culture constructs narratives about torture? Fascinated by the ticking time-bomb scenario? Like Battlestar Galactica and/or 24? Then do I have an essay for you, written by my friend and colleague John Ip: This article is about two different narratives or accounts of torture. Each narrative signifies a certain view about the legality and wisdom of employing torture...
I have posted a substantially rewritten version of my essay "Situational Gravity Under the Rome Statute" on SSRN. Here, again, is the abstract: The ICC is often derided as the "African Criminal Court." That criticism cannot easily be dismissed: all of the Office of the Prosecutor's (OTP) current investigations focus on African states -- Uganda, the Central African Republic, the Democratic...
