Shocking: An Army prosecutor has resigned from the Guantánamo war court in a crisis of conscience over plans to try a young Afghan accused of throwing a grenade rather than settle the case out of court, according to an affidavit filed with the court Wednesday. Army Lt. Col. Darrel Vandeveld, a reservist from the Pittsburgh area, becomes the fourth known prosecutor to...
The trial of Charles Taylor's son, "Chuckie," for acts of torture committed in Liberia began today in Miami: Chuckie Taylor is the son of former Liberian President Charles Taylor, who is on trial for war crimes by the UN-backed Special Court for Sierra Leone. The son is accused of responsibility for torture committed between 1997 and 2003 while he headed Liberia’s...
Apparently, France will no longer even insist that the Sudan try Haroun and Kushayb. It only wants Haroun to be removed from his government position: France had previously stressed that Sudan must turn over Ahmed Haroun, state minister for humanitarian affairs, and militia commander Ali Mohamed Ali Abdel-Rahman, also know as Ali Kushayb who are wanted by the ICC in connection...
Last week, I defended deferring the ICC's investigation of Bashir for a year in exchange for, inter alia, the Sudanese government turning Harun and Kushayb over to the ICC for prosecution. That would have been a strong demand on the part of France and the UK -- one that, I argued, Bashir would be unlikely to accept. Lest they be accused...
I have posted a new essay on SSRN, "Situational Gravity Under the Rome Statute," which is forthcoming in Future Directions in International Criminal Justice, a book that Carsten Stahn and Larissa van den Herik are editing for TMC Asser/Cambridge University Press. Here is the abstract: The ICC is often derided as the “African Criminal Court.” That criticism cannot easily be dismissed:...
Two interesting trials involving very old defendants began last week. The first, in Poland, involves General Wojciech Jaruzelski, who orchestrated the Polish government's brutal repression of Solidarity in 1981: The 85-year-old man, who was once the very symbol of communist repression, faces a possible ten-year jail sentence for “directing a criminal organisation” – a reference to the Military Council that imposed...
Two months ago, I predicted that the Security Council would not have the votes necessary to defer the ICC's prosecution of Bashir. Nostradamus I'm not: In a last-ditch attempt to prevent ICC judges from issuing an arrest warrant for Bashir in the next few weeks, Bashir's supporters - the Arab League, the African Union, China and Russia - will use the...
Spiegel Online has posted a fascinating interview with Rafi Eitan, a former Mossad agent who is now a minister in the Israeli cabinet. According to Eitan, Mengele was also in Buenos Aires when Eichmann was captured -- and would have shared Eichmann's fate but for the Mossad's lack of boots on the ground: SPIEGEL: Josef Mengele fled Germany for South America...
More than two years after his acquittal was confirmed by the ICTR Appeals Chamber, Rwanda's former Minister of Education, Andre Rwamakuba, is no longer a virtual prisoner in a UN safehouse in Arusha: Former Rwandan Education Minister Andre Rwamakuba ( 58) has joined his family at Vaud, Switzerland after spending two years in Arusha, seat of the International Criminal Tribunal for...
It's a tiny bit off topic, but it's worth noting that after much bluster about how the ICC was destroying the "peace process" in the Sudan by indicting Bashir, none of the Security Council members put deferring the prosecution under Article 16 of the Rome Statute on the Council's agenda for September. Over at UN Dispatch, our colleague John Boonstra...
My blogging has slowed down the past couple of weeks, because I've been traveling and finishing a book chapter that criticizes Moreno-Ocampo's approach to deciding which situations to investigate. (See my previous post.) But I would be remiss if I did not mention this interesting piece of news -- the Fifth Circuit has reversed the district court's dismissal of the...
The Guardian seems to think so: A coalition of human rights lawyers, academics and leading non-governmental organisations (NGOs) has begun openly to criticise the competence and conduct of the prosecutor of the international criminal court, the Argentinian Luis Moreno-Ocampo. Their concerns follow his announcement last month that it is to seek an arrest warrant for genocide against the Sudanese president, and...
