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12 Jul 2010, 8:57 am
by Kevin Jon Heller As I predicted, the Pre-Trial Chamber has approved genocide charges for Bashir: The International Criminal Court has issued a second arrest warrant for Sudan’s President Omar al-Bashir - this time for charges of genocide. [read post]
9 Jul 2010, 5:41 pm
by Kevin Jon Heller As I noted in my previous post, the OTP argued that it had an “independent statutory obligation” to protect witnesses that permitted it to ignore the Trial Chamber’s order to reveal the intermediary’s identity to the defense. [read post]
9 Jul 2010, 5:23 am
by Kevin Jon Heller I don’t make that claim lightly. [read post]
9 Jul 2010, 1:57 am
by Kevin Jon Heller I hope I’m not stepping on the toes of my Wronging Rights friends, but I couldn’t ignore why Linsdey Lohan thinks she doesn’t deserve to be sent to jail for 90 days for violating her probation: It is clearly stated in Article 5 of the U.N. [read post]
8 Jul 2010, 6:32 am
by Kevin Jon Heller I discovered the error this morning, as I was re-reading the Appeals Chamber decision for the joint criminal enterprise section of my book on the Nuremberg Military Tribunals. [read post]
1 Jul 2010, 4:01 am
by Kevin Jon Heller Not according to Yaacov Lozowick, an Israeli historian: Here’s my input, on a point no-one else seems to be noticing: There was no Nazi invasion of the Sudetenland, no invasion of Slovakia, hardly one of Austria and even less of Bohemia. [read post]
21 Jun 2010, 5:56 am
by Kevin Jon Heller Dapo Akande has an important post today at EJIL: Talk! [read post]
17 Jun 2010, 12:36 am
by Kevin Jon Heller The following is a guest post by Scott Paul, the Making Amends Campaign Fellow with the Campaign for Innocent Victims in Conflict. [read post]
16 Jun 2010, 6:23 am
by Kevin Jon Heller Both Marko and Joanna Harrington (in comments) have relied on Article 31 of the Vienna Convention on the Law of Treaties to justify the idea that the Court will have to rely on understanding seven to interpret new Article 8bis, the idea being that the adoption of the understandings by consensus is a subsequent agreement that Article 31 makes relevant to the Rome Statute’s context. [read post]
16 Jun 2010, 4:39 am
by Kevin Jon Heller Marko posted the following long response to my previous post on understandings. [read post]
15 Jun 2010, 10:25 pm
by Kevin Jon Heller Readers who have been following the Review Conference are most likely aware that the delegates adopted by consensus seven “understandings” concerning aggression in addition to a definition of the crime, the conditions of jurisdiction of the crime, and the elements of the crime. [read post]
15 Jun 2010, 9:01 am
by Kevin Jon Heller Someone should tell Mr. [read post]
15 Jun 2010, 5:41 am
by Kevin Jon Heller The following is a guest post by Greg Gordon, Associate Professor of Law and Director of the Center for Human Rights and Genocide Studies at the University of North Dakota. [read post]
13 Jun 2010, 7:28 pm
Kevin Jon Heller and Julian Ku — not sparring, but instead trying to give an initial read on the deal. [read post]
13 Jun 2010, 6:24 pm
by Kevin Jon Heller I’ve long supported providing the ICC with jurisdiction over the crime of aggression. [read post]
9 Jun 2010, 6:32 pm
by Kevin Jon Heller I haven’t had enough time to blog about Philip Alston’s excellent report on drone warfare, but interested readers should check out today’s conversation between Scott Horton and Alston at Harpers.com. [read post]
7 Jun 2010, 3:44 am
by Kevin Jon Heller A few days ago, I recorded a conversation for Bloggingheads.tv with Mark Leon Goldberg of the invaluable UN Dispatch. [read post]
7 Jun 2010, 12:42 am
by Kevin Jon Heller I know Ken’s busy finishing his book and can’t yet reply to Marko’s remarkable post. [read post]
6 Jun 2010, 4:02 am
by Kevin Jon Heller Despite the increasingly desperate nature of the attacks on Judge Goldstone, I never thought an academic institution would give in to the hysteria: In response to an enquiry by the Alternative Information Center (AIC) about its reported removal of Judge Richard Goldstone from the Board of Governors, Hebrew University of Jerusalem responded by email that: “The Hebrew University of Jerusalem revises from time to time its membership roles on its… [read post]
5 Jun 2010, 1:10 am
by Kevin Jon Heller This would be amusing, were the Obama administration not backing Israel’s insistence that any investigation into the attack on the flotilla be conducted (read: whitewashed) by Israel itself: When placed under journalistic scrutiny, the IDF is being forced to admit that its claims about the flotilla’s links to international terror are based on innuendo, not facts. [read post]