International Human Rights Law

Salon.com has an article today about the Obama administration and torture that floats the horrifying possibility -- all too real, I'm sure -- that Bush will issue a blanket pardon for "anyone who participated in, had knowledge of, or received information about Bush's interrogation program during the so-called war on terror."  I'm not going to waste precious pixels responding to...

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 sharply criticized New York Times reporter William Glaberson - the Times's chief Guantanamo reporter - last week for, among other things, failing to take note of Benjamin Wittes and the centrality of his book, Law and the Long War.  I am happy to report that Glaberson has a new article out in today's NYT, this time interviewing a wide...

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...

I was in Miami for the weekend speaking at a conference sponsored by the American Bar Association and the International Bar Association on the topic of mass claims in developing countries. Many lawyers in the room were defense counsel for prominent corporations subject to new claims for violations of international or foreign law. There were also plenty of...

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...

Today is the 70th anniversary of Kristallnacht, the Night of the Broken Glass, during which 92 Jews were murdered, 25-30,000 Jews were arrested and deported to concentration camps, and more than 200 synagogues and Jewish businesses were destroyed. I was in Vienna for the 60th anniversary.  Late that night, I was walking through the Heldenplatz, where Hitler announced the...

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...