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...
The U.S. and Europe have been vigorously insisting that Israel stop all "settlement growth," including "natural growth." There has been some question as to what those terms mean. In a June 16 press briefing, Sen. George Mitchell said that Israel must stop “natural growth” in settlements, and specified that he means “births” as well. Here is the State Department's transcript...
The case of Diallo v. Maryland presents a tragic story of a diplomat father and his prodigal son. In October 2006, David Reeves left a party in suburban Baltimore looking for drugs. He approached Abdel Diallo and asked if he had drugs for sale. Diallo said no. Reeves became angry and aggressive, and a struggle ensued. Both Diallo...
Botswana has refused to go along with the AU resolution that -- in theory -- guarantees Bashir safe travel around Africa: Botswana says it will not abide by an African Union (AU) decision to ignore an arrest warrant issued by the International Criminal Court (ICC) for Sudan's President Omar Al-Bashir. Countries signed up to the ICC have a duty to help arrest...
That's the question underlying my new essay, The Rise of International Criminal Law: Intended and Unintended Consequences, in the European Journal of International Law (Vol. 20, No. 2, June 2009). And I'm very curious as to whether anyone else shares my general feeling that the very success, on important metrics, of international criminal law is tending to swallow, as it...
Robert Petit, the International Co-Prosecutor, is resigning effective September 1: In a statement, Robert Petit said he would be stepping down as of 1 September for personal and family reasons. “It has been the greatest privilege of my career to have the opportunity to bring some justice to the victims of the crimes of the Khmer Rouge,” he said. “I remain convinced...
Ordinarily I wouldn't post the table of contents for a symposium in an international law review, but let me herewith make an exception: 10 Chicago Journal of International Law 1 (Summer 2009) Symposium: GREAT POWER POLITICS The Language of Law and the Practice of Politics: Great Powers and the Rhetoric of Self-Determination in the Cases of Kosovo and South Ossetia Christopher J. Borgen 10 Chi...
Moises Naim of Foreign Policy has an essay in the new issue called "Minilateralism: The magic number to get real international action." His piece has spawned reactions from the bloggers at FP.com. Naim's essay is the latest volley in a debate on "big" or "small" multilateral action should be; however, although he and other bloggers do a good job setting out the...
A quick update on the OTP's efforts to include genocide charges in Bashir's arrest warrant. Pre-Trial Chamber I has now granted leave to appeal the issue I've discussed before -- whether it misunderstood Article 58's "reasonable grounds" requirement when it rejected the genocide charges. It's a very defensive decision, almost certainly written by Judge Steiner, who is the only holdover from...
In the latest chapter of its attempt to consolidate its power over Georgia regarding the South Ossetia and Abkhazia, Russia has vetoed the continuation of the UN mission in the region. According to the AP: Russia has exercised its veto power in the U.N. Security Council and brought an end to the nearly 16-year-old U.N. observer mission in Georgia and breakaway...
