As I predicted a few weeks ago, Judge Allred has refused to reconsider Hamdan's sentence in light of the Bush administration's argument that he was not entitled to credit for the time he served as an enemy combatant: A military judge has refused to reconsider the sentence of Osama bin Laden's former driver, forcing the Bush administration to either release a...
The Czech Republic is set to become the 109th member of the ICC. The lower house of the Czech parliament recently voted 140-6 in favor of ratifying the Rome Statute, which the country signed in 1999. The upper house voted to ratify the Statute in July. Kudos to the Czech Republic!...
With all the attention being paid to the pending genocide charges against Bashir, the media has largely ignored Moreno-Ocampo's recent announcement that he intends to seek an arrest warrant against rebel commanders in Darfur who are believed to be responsible for a vicious attack on AU peacekeepers in 2007: "In a couple of weeks I will present my third case against...
I'm just back from 9 days in Madrid -- my first visit, and it was great. Of course, while there I couldn't ignore the international law-related story of the day. Judge Baltasar Garzón (of Pinochet, al Qaeda, and Eta fame) is at it again. This time he's agreed to open a criminal investigation into thousands of disappearances and executions surrounding...
It appears that there may have been some progress regarding the Prosecutor's ability to disclose the potentially exculpatory information to the defense -- progress that is not reflected in yesterday's decision. According to a recent motion, the Prosecutor has received permission to turn over all of the disputed documents to the Trial Chamber in unredacted form, so that the judges...
The Lubanga fiasco continues. Earlier today, the Appeals Chamber upheld the Trial Chamber's indefinite stay of the proceedings, but refused to order his immediate release, instead remanding the case to the Trial Chamber for further consideration of the issue. I have not had a chance to read the two -- typically lengthy -- decisions in any great detail, but these are...
Hope springs eternal in the Sudan -- at least on the part of the government. Apparently, Khartoum has managed to convince itself that the Pre-Trial Chamber's recent request for additional information concerning the charges against Bashir means that it intends to dismiss those charges: The Sudanese government hailed a decision by the judges of the International Criminal Court (ICC) requesting more...
That's the situation with the Sudanese government's latest contribution to the "peace" process: The United States, Darfuri rebels and Sudanese opposition parties have greeted a new initiative to solve the Darfur crisis with scepticism and boycotts, while Khartoum, the Arab League and the UN say it’s the region’s best hope. Widespread doubts about the credibility of the process prevail ahead of deliberations...
That's the headline of today's New York Times article about Ali Kushayb, the janjaweed militia leader who has been indicted by the ICC. According to the article, the "[t]he move is widely being interpreted as a way for Sudan to improve its image abroad and attempt to head off the possible genocide prosecution of the country’s president, Omar Hassan al-Bashir." Honestly,...
Ladies and gentlemen, your peacemaker: Al-Bashir who rarely gives interviews told the British Channel 4 News from Khartoum that rape claims are made up by Darfuri women. “The women inside the camps are under the influence of the rebels and some are even relatives of the rebels. That’s why they make these claims” Al-Bashir said. “We are fully convinced that no rape took...
The Christian Science Monitor ran an important story on Darfur a few days ago, detailing how Bashir is using the claim that his indictment will derail the peace process as a smokescreen for continuing to wage war against the Darfurians. The title says it all -- "Sudan Makes Case Abroad While Still Bombing Darfur": "How will the ICC hamper the peace...
What is it with international prosecutors and their duty to disclose exculpatory evidence? First the ICC stays the Lubanga trial because of the Prosecutor's abuse of Article 54. And now the ICTR has had to formally reprimand its Prosecutor, Hassan Jallow, for failing to disclose exculpatory evidence in the high-profile Military II trial: In their ruling dated September 22, 2008, the...
