International Human Rights Law

In my public international law class today I taught the material from the Dunoff, Ratner and Wippman book on the Rwandan genocide and recourse to the gacaca courts. The readings focus on Amnesty International's criticism of the gacaca system as failing to meet international minimum standards of due process for criminal defendants. Unfortunately, the book does not attempt...

What's worse than giving cookies, gold stars and smiley faces to a murderous tyrant?  Being snubbed by said murderous tyrant, thereby losing the chance to give them. Maybe Scott Gration can give the cookies to the Sri Lankan government instead.  I hear their feelings are being hurt by all the mean things said about them, too....

As trial-watchers know, Judge Kwon implied today that he will impose counsel on Dr. Karadzic next week if he continues to boycott the trial.  It's worth noting, therefore, that nothing in the ICTY Statute or the ICTY Rules of Procedure permit the Trial Chamber to hold the trial in Dr. Karadzic's absence, even if he is represented by counsel.  The...

An additional puzzle about the Alien Tort Statute is that there seems to be no satisfactory account, so far as I know, of the US government response to ATS cases. Sometimes the US government responds with a statement of interest; sometimes it does not.  Even when it does offer a statement of interest, my anecdotal impression (if there was data collected,...

I just finished giving an interview about the Karadzic case to the BBC's World Today program.  It was, to say the least, a shocking experience.  I assumed that they wanted to ask about Dr. Karadzic's decision to boycott the beginning of the trial -- why he made it, what it means for the trial, etc.  My bad!  Instead, the first...

I have to admit, when I first heard about the Mbeki Panel, I was skeptical.  I assumed that the Panel's report would be a typical apologia for the Sudanese government's crimes, criticizing the ICC and defending the African Union's promise not to surrender Bashir to the Court. It looks like I owe Mbeki an apology.  The recommendation section of the report...

From an email urging civil disobedience to the [communist] [fascist] [socialist] Obama administration: "The jews KNEW that they were the target of Hitler--this didn't happen over night, they had PLENTY of warning--and they didn't DO anything," Dietz wrote. "They went like sheep quietly to their slaughter--they did not fight." Dietz concluded: "WE NEED A REVOLUTION." I think someone needs to add Uprising...

I will remain agnostic until I can read the actual report, but a new article in the Sudan Tribune seems encouraging: The African Union (AU) panel that was tasked with balancing peace and accountability in Darfur has made an implicit endorsement of the International Criminal Court (ICC) prosecutions despite unfavorable disposition to the issue by African leaders and also called for...

Tomorrow (Friday, October 23rd), the S.J. Quinney College of Law of the University of Utah will host a symposium entitled Freedom from Religion: Rights and National Security. You can watch the symposium online via a link on this page. Here's the brief description: Based on Professor Amos N. Guiora’s new book, Freedom from Religion: Rights and National Security (Oxford University Press, 2009),...

[caption id="attachment_10243" align="alignleft" width="150" caption="Elena Baylis"][/caption] [caption id="attachment_10102" align="alignright" width="101" caption=" "][/caption] Thanks to Opinio Juris and to YJIL for giving me the opportunity to comment on Tara Melish’s article, From Paradox to Subsidiarity: The United States and Human Rights Treaty Bodies. I have long been a fan of Tara’s work, and so it’s a pleasure to have the chance to respond to...

Jonathan Adler, a blogger at The Volokh Conspiracy, has asked me what I think about the editorial that Robert Bernstein, the founder of Human Rights Watch, published yesterday in the New York Times criticizing the organization's coverage of Israel.  My basic response: although I disagree with much of what Bernstein has to say, his criticisms must give anyone pause, because...