International Criminal Law

No, that's not a snarky question. He has consistently made comments that seem to indicate far more openness to the Court than the typical Republican.  In 2002, he voted against the appalling American Service-Members Protection Act (aka "The Hague Invasion Act").  In 2005, he said “I want us in the ICC, but I’m not satisfied that there are enough safeguards.”...

I really wanted to ignore the Wall Street Journal editorial that Julian mentioned yesterday, filing it in the "life is too short" category.  But I can't help myself, because the editorial is just shockingly factually inaccurate -- to say nothing of its rather curious judgment, such as the idea that Bashir "may be the only man able to guarantee...

AFP is reporting that Radovan Karadzic,  the former president of Republika Srpska and the former head of the euphemistically named Serb Democratic Party, has been arrested.  This is great news -- if the ICTY had a "most wanted" deck of cards, Karadzic would be the Ace of Spades: As early as July 1991, the Bosnian Serb leaders, and in particular, Radovan...

As frustration with the Bush administration's War on Transparency continues to mount, scholars and pundits are beginning to suggest that the U.S. should think about creating a South African-style Truth and Reconciliation Commission to investigate the administration's many crimes.  Nicholas Kristof is one example. Richard Clarke is another.  And a third is Katherine Tiedemann, writing in The American Strategist: The South...

It's been a while since I wrote about Luis Posada Carriles, former CIA asset and admitted terrorist, who currently walks the streets of Miami as a free man due to the Bush administration's disinterest in punishing terrorism committed against countries the US doesn't like. Fortunately, Posada Carriles may not be free much longer, thanks to a decision by the Panamanian Supreme...

I noted a few days ago that the Security Council is unlikely to pass a resolution deferring the Prosecutor's investigation of Bashir, given the number of non-permanent and permanent members of the Council who are supporters of the ICC.  I think that position is even more sound in light of the European Union's promise today -- on the 10th anniversary...

Here's a surprise -- China opposes indicting Bashir: China's Foreign Ministry spokesman Liu Jianchao said Beijing maintains friendly relations with Sudan and is deeply concerned and worried about the charges. He says the situation in the Darfur region is at a sensitive and critical moment. He says China hopes all sides can resolve their differences through consultation and avoid adding complications...

I appreciate Kevin's thoughtful and evenhanded assessment of the ICC Prosecutor's complex decision to seek the arrest of Sudan's president.  There are indeed good arguments both for and against the ICC Prosecutor's move. I'm torn myself.  I have articulated many times before my skepticism of the ICC's effectiveness in helping to end the violence or even to bring justice for Darfur....

I have been going back-and-forth with myself about the wisdom of indicting Bashir for genocide.  I continue to believe that the move is a risky one in the short term, given the likelihood that the Sudanese government will respond to the indictment with violence against the peacekeepers and the humanitarian workers in the country.   Nevertheless, I find the following defense...