The Guardian has a leaked copy of what it's calling "the Danish text" (see it here). Apparently, this draft was developed by the Danes along with other developed countries including the United States and the United Kingdom in the hope that it might become the basis for whatever instrument emerges from Copenhagen. As widely expected, the instrument is framed as a "political agreement"...
B. Don Taylor, a former legal officer at the ICTY and a good friend, has argued in the comments to a recent post that although Dr. Karadzic's criticisms of the procedure the Registry used to appoint Harvey may well have merit, Dr. Karadzic's request for certification to appeal the Rule 44 issue did not adequately raise the issue. I disagree...
Americans who defend the legality of the invasion of Iraq almost invariably point to the fact that Britain's Attorney General, Lord Goldsmith, also approved the invasion. That argument has always been questionable; rumours have long circulated that Lord Goldsmith did not believe that the invasion was legal, but was pressured by Downing Street into approving it anyway. According to an explosive...
The just-released CFR web publication "Public Opinion on Global Issues" offers one-stop shopping for those looking for public opinion surveys across a range of transnational policy issues. The overview explains how CFR and the Univ. of Maryland consolidated all publicly available opinion polls and provides a few significant findings: The international community confronts a daunting array of transnational threats and challenges...
I criticize the Registry regularly, so it's important to acknowledge when it does something right. I blogged a couple of weeks ago about the Registry's indefensible position that Dr. Karadzic's trial had not started, so the defence team was not entitled to any funding until the trial "began" in March. The Registry has now reversed its decision and approved 250...
Where is the Obama administration on the Ottawa Landmines Ban Convention? After some clarifications, it appears that the US is conducting a "broad" review of antipersonnel landmine policy and the Ottawa Convention, while maintaining the previous Bush administration stance on an "interim" basis. This Reuter's story, in the Washington Post, gives some of the ins and outs. Meanwhile, the Cartagena...
The Nation has just published an extensive article documenting the "secret war" Blackwater employees have been conducting in Pakistan. The opening grafs: At a covert forward operating base run by the US Joint Special Operations Command (JSOC) in the Pakistani port city of Karachi, members of an elite division of Blackwater are at the center of a secret program in which...
Give the Trial Chamber credit, it has at least has stopped pretending that its decisions make any legal sense whatsoever: It said on Monday that Karadzic's appeal request was too vague and premature because at the time of his application, no counsel had been appointed to him. "Granting the application now, and then potentially again on 1 March, 2010 ...
Ruth Wedgwood's new column at Forbes.com takes up the uncomfortable question of Peter Galbraith and his financial dealings with regard to Kurdish autonomy, oilfields, and Galbraith's consulting deal with a Norwegian company that could conceivably pay him somewhere up to $100 million. That discussion is very important and fraught with issues - Galbraith has not been a US diplomat for...
It is becoming increasingly clear that the Registry made no attempt to comply with the Appeals Chamber's decision in Seselj. I have now learned that the Registry arranged for Dr. Karadzic to meet with five defence barristers, including Mr. Harvey. Dr. Karadzic was then given a deadline to choose one. Instead, citing Seselj, Dr. Karadzic asked for a copy of...
When I critique the US's refusal to join the ICC in my international criminal law class, I make sure to emphasize not only that the US has traditionally played a very positive role in ICL -- from Nuremberg to the SCSL -- but also that the Rome Statute would be considerably worse but for the input of the American representatives...
The ICTY has appointed Richard Harvey, a barrister with Garden Court Chambers in London, to serve as Dr. Karadzic's stand-by counsel. There is no question that Mr. Harvey is more than qualified for the position: in addition to defending a number of individuals accused of terrorism-related offences in the UK, Mr. Harvey has served as the lead counsel in one...
