The Guardian seems to think so: A coalition of human rights lawyers, academics and leading non-governmental organisations (NGOs) has begun openly to criticise the competence and conduct of the prosecutor of the international criminal court, the Argentinian Luis Moreno-Ocampo. Their concerns follow his announcement last month that it is to seek an arrest warrant for genocide against the Sudanese president, and...
The blog Futurismic as an interesting post on "viral sovereignty." According to a recent Washington Post op-ed by Richard Holbrooke and Laurie Garrett: This extremely dangerous idea comes to us courtesy of Indonesia’s minister of health, Siti Fadilah Supari, who asserts that deadly viruses are the sovereign property of individual nations — even though they cross borders and could pose a pandemic threat...
I wrote a couple of weeks ago about my experiences in Georgia in the early 1990s, monitoring the various conflicts - Abkhazia, South Ossetia, and the then-Georgian civil war in Tbilisi. I noted that those secessionist conflicts were marked on each side by ethnic cleansing as extreme as anything I saw in the Yugloslav wars (a country which I also...
I know politics makes strange bedfellows, but this is ridiculous: Two unlikely allies met for breakfast last month in New York to discuss a possible collaboration: Mia Farrow, actress and passionate activist for Darfur refugees, and Erik Prince, founder and CEO of the government contractor, Blackwater Worldwide. Farrow told ABC News that Blackwater, despite its controversial history and allegations of murdering civilians...
I would be remiss if I did not mark, here at Opinio Juris, the fifth anniversary of the tragic death of UN diplomat and humanitarian Sergio Vieira de Mello, who died in the terrorist attack on the UN's Baghdad headquarters in 2003 along with many other aid and relief workers. And also - it receives far less attention, alas -...
The Olympics have been amazing. Great athletes, amazing venues, wonderful organization. The Chinese have much to be proud of. But whatever goodwill that the Olympics have engendered in me is quickly being lost based on their treatment of dissent. The Chinese are being utterly hypocritical in promising to afford opportunities for dissent but not making good...
I've missed Eric Muller's blogging at Is That Legal? -- but he has obviously put his free time to good use, because his new article on the Supreme Court's decision in Hirabayashi v. United States is sensational. Here is the abstract: This Article presents newly discovered archival evidence demonstrating that government lawyers told a crucial lie to the United States Supreme...
Last October, Col. Morris Davis resigned as chief prosecutor of the military commissions, claiming that Brig. Gen. Thomas Hartmann had interfered with the prosecutor's office, pressured him to use classified evidence -- requiring sessions to be conducted behind closed doors -- and encouraged the use of evidence obtained through waterboarding. Col. Davis filed a formal complaint at the time, but...
Our friend John Boonstra at UN Dispatch calls attention to a little-used provision of the UN Charter that requires members of the Security Council to abstain from voting on substantive matters when they are a party to a dispute. Here is the text of Article 27(3): Decisions of the Security Council on all other matters shall be made by an affirmative...
According to Interfax, Russia is considering referring the situation in South Ossetia to the ICC. It quotes Russia's Prosecutor General, Yury Chaika, as saying that he "doesn't think setting up a special [international] court is necessary. Complaints and applications from our citizens which will be referred to the International Criminal Court would suffice." That's an interesting statement, given that Russia...
As the fighting winds down or escalates (depending on whom you believe), the legal battle that Ken discussed yesterday seems to be gearing up and getting more complex, with the International Court of Justice, the International Criminal Court, and the European Court of Human Rights now all being mentioned in news stories. The AP is reporting the following: The Georgian security council...
The frozen conflict over the Georgian separatist region South Ossetia has become a shooting war. On the first day of the Olympics, no less. According to CNN: "All day today, they've been bombing Georgia from numerous warplanes and specifically targeting (the) civilian population, and we have scores of wounded and dead among (the) civilian population all around the country," President Mikhail...
