The AP is reporting that the Trial Chamber lifted the stay "after the prosecution agreed to let judges review confidential material it received from the United Nations." No additional information is available yet; it will be interesting to see what the Chamber does about the documents that are still protected by confidentiality agreements -- an issue I discussed here. UPDATE: According...
John has kindly agreed to let me post his private response to my previous post about his speech at the Fletcher School. Before I do, though, I want to reiterate how important it is to not let the US's refusal to join the ICC blind us to the many significant contributions the US has made, and continues to make, to...
The State Department has posted John Bellinger's recent speech at the Fletcher School on international criminal justice. It is well worth a read, because it quite rightly highlights the US's many important contributions -- past and present -- to international criminal justice. That said, the speech regrettably dusts off all of the US's tired objections to the ICC: not giving...
Friends often ask me what my favorite treaty is (OK, none of my friends ask me this, but they should). I'd have to say the 1909 U.S.-Canada International Boundary Treaty (BWT) ranks right up there -- for nearly a century it has dealt, mostly successfully, with all sorts of questions relating to the shared water resources of the U.S. and Canada,...
I have often argued that suspending the ICC's investigation of Bashir in the name of "peace" would be a mistake, because Bashir has taken peace seriously only when faced with the prospect of significant international sanctions. Today Michelle F. at Stop Genocide makes that argument far better than I ever could. Here is a taste: Yes, we are talking about millions...
[caption id="attachment_5503" align="alignright" width="250" caption="Malé, Maldives"][/caption] This week's news out of the Maldives is the sort of story that makes international lawyers salivate. It has something for everyone, bringing together issues of democracy, transitional justice, climate change, the law of the sea, not to mention good, old-fashioned sovereignty. On Tuesday, Mohamed Nasheed was sworn in as the archipelago's new President, ending...
At the SMU conference last week on transnational governance networks, splendidly organized by Prof. Jenia Turner, a question that was much on my mind was one that was - what's the word? - obviated by the topic of the conference itself: what role for global civil society in, so to speak, running the planet? For that matter, what role for...
Two items of Sudan news to report. First, the Sudanese government has lawyered up, hiring the prominent British firm Eversheds LLP to represent it at the ICC. I wonder if that means Bashir is expecting the Pre-Trial Chamber to issue the arrest warrant; although Article 19 of the Rome Statute is not the picture of clarity, it seems to allow...
The Butare trial is the ICTR's largest and longest -- it began in June 2001, involves six defendants accused of genocide, and shows no signs of ending anytime soon. The trial is likely to go on even longer because two of the defendants, former Governor Alphonse Nteziryayo and ex-Mayor Elie Ndayambaje, are ill. And that comes not long after one...
Last month, I noted that the ICTR had formally reprimanded its Prosecutor for failing to disclose exculpatory evidence to the defense in the Military II trial. Now Jerome Bicamumpaka, the Minister of Foreign Affairs in the interim government who is accused of genocide, has made similar allegations: Inspired by this sanction inflicted to the prosecution by another formation of judges, Bicamumpaka...
The General Assembly and Security Council have just announced the election of two current and three new members of the International Court of Justice. Here is the key excerpt of the press release: The General Assembly and the Security Council of the United Nations yesterday elected five Members of the International Court of Justice (ICJ) for a term of office...
This according to the Sudan Tribune: A senior Chinese official suggested that his country has no plans to introduce a UN Security Council (UNSC) resolution suspending the indictment by the International Criminal Court (ICC) of president Omer Hassan Al-Bashir. China’s special envoy to Africa Liu Guijin told the pro-government daily Al-Rayaam in a rare interview that he toured Washington, Paris and London...
