While the Bush Administration may have reconciled itself to leaving office with the detention center at Guantanamo Bay still up and running, the U.S. federal courts continue pushing the detainees’ cases ahead toward resolution. After briefing by the parties on their competing definitions of “enemy combatant,” U.S. District Judge Richard J. Leon yesterday announced a ruling: Enemy combatant’ shall mean an...
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...
The Economic Community of West African States (ECOWAS) Community Court of Justice has found that the West African state of Niger has violated its obligations to protect its citizens for slavery. Specifically, Niger failed to prevent Hadijatou Mani, who was sold into slavery at the age of 12 in 1996 for about £300 and regularly beaten and sexually abused. The Court...
Last week the ICJ issued an order for provisional measures (pdf is here) in the Case Concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation) . This case, along with the recent referral to the ICJ for an advisory opinion on the status of Kosovo, are the latest cases arising out of...
One further side note to the discussion of Roger's article in Virginia journal on Nobel Prize winners ...
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...
I apologize for arriving late to the party; I have only just had a chance to read Professor Ring's fascinating article completely through. There are many reasons why I would come to this article already predisposed to like it - I started out life as an international tax lawyer, for example, and I am also an unapologetic defender within the...
(Update, responding to Roger above: Let me stress that I have zero knowledge about Nobel Prizes apart from what I describe from my own experience below. I don't mean to generalize about them, although it sounds that way in part below. If there is any generalization that comes out of the experiences I mention below, it is about the nature...
