My favorite part of the Wall Street Journal's article on ATS litigation, discussed by Ken below, has to be this comment by the lawyer who defends such lawsuits: In assessing liability, a key question can be whether companies assisted a foreign government that was known to violate human rights, says Joe Cyr, a New York lawyer who defends companies against alien...
The local news in New York and New Jersey is abuzz this morning with unconfirmed rumors that, for the opening of this year's UN General Assembly, Libyan President Muammar Qaddafi is planning to stay in an air-conditioned "Bedouin-style" tent on the grounds of a residence owned by the Libyan government in Englewood, New Jersey, a suburban town of 30,000. According...
One of my favorite ICL scholars, Guenael Mettraux, recommends precisely that in a recent New York Times op-ed. Here is the core of his pitch: The Guantánamo detainees pose a similar conundrum today. Trying these men stateside would necessarily require the compromise of long-cherished principles of American law. Yet continuing to hold them without the prospect of a fair trial or...
There has been a very interesting -- and potentially very troubling -- development in the Lubanga trial. In response to a submission by representatives for the victims and over a strong dissent by Judge Fulford, the majority of Trial Chamber I has given notice to the parties and participants in the trial "that the legal characterisation of the facts may...
Responsibility to Protect (R2P) is in trouble in the UN, according to a dismayed account in this week's Economist ("An idea whose time has come - and gone?" Economist, July 25, 2009, p 58). I'm dismayed, too. At the 2005 UN reform summit of the General Assembly, says the Economist the biggest-ever gathering of world leaders accepted the principle that they have...
David Bernstein is back with yet another attack on Human Rights Watch. This time, Bernstein is up in arms that, in 2006, HRW retracted a claim that armed Palestinian groups had committed war crimes by using human shields -- an action that he believes proves, in light of HRW's refusal to apologize for its allegedly false criticisms of Israel, that...
There's gall -- and then there's the Sudan: Sudan said on Monday it had referred Chad to the U.N. Security Council, accusing its neighbour of launching an air raid inside Sudanese territory. Sudan's army said two Chadian planes attacked a region inside the west Darfur district on Thursday -- the fourth raid Khartoum says N'Djamena has carried out in Sudan in two...
A recent poll conducted by WorldPublicOpinion.org has found that the public in four Muslim-majority and African countries support the ICC's arrest warrant for Bashir, despite the fact that the governments in those countries oppose it: That's remarkable -- but the results of another question, designed to assess support for intervening in Darfur, by force if necessary, should the much-feared...
David Bernstein is in high-dudgeon mode again about Human Rights Watch's fundraising in Saudi Arabia. This time, he is up in arms about a statement Ken Roth made to The Atlantic's Jeffrey Goldberg during a recent email exchange. Goldberg asked Roth if his "staff person attempt[ed] to raise funds in Saudi Arabia by advertising your organization's opposition to the pro-Israel...
Two updates of note. First, the Ugandan government has said in no uncertain terms that it will arrest Bashir if he enters the country: Henry Oryem Okello, Uganda's minister for international affairs, spoke after meeting with the International Criminal Court's chief prosecutor, Luis Moreno Ocampo, in Kampala. Police "will ensure that he is arrested" if al-Bashir arrives, Okello said. Ocampo added: "It is...
PBS will be airing an important documentary about the ICC, The Reckoning, on July 14. Here is PBS's description of the film, which is directed by Pamela Yates, who received a Guggenheim Fellowship in 2008: Over 120 countries have united to form the International Criminal Court (ICC) — the first permanent court created to prosecute perpetrators, no matter how powerful, of...
Thanks, Eugene, for the thoughtful reply. I look forward to your subsequent posts and will leave a more substantive reply until then. For now, I just wanted to offer a few thoughts. 1. I don't think anyone should feel "better" if removing the settlers qualified "only" as a crime against humanity, instead of as genocide. Both are incredibly grave crimes, and...
