Sunday, August 29, 2010
Monday, August 23, 2010
Friday, August 20, 2010
This decision promotes impunity and stands at odds with the official US position regarding Al-Bashir. Responding to the decision, US Ambassador to the AU Michael Battle stated:
“[…] the African Union’s difference on opinion from the U.S. position does not deter the U.S. from its solid commitment that fair play should take place in all places of the world and people who do atrocious things should be held accountable.”
In addition, AU members South Africa and Botswana have publicly announced that they will still arrest Al-Bashir if he enters their territories.
It should be recalled that all thirty of the AU countries who are members of the ICC have the legal obligation to arrest Al-Bashir and transfer him to the Court to stand trial. Sudan itself, while not a Member State of the ICC, is under a Security Council-derived obligation to cooperate with the Court.
President al-Bashir is currently sought by the ICC for alleged counts of genocide, crimes against humanity, and war crimes committed in the Darfur region of Sudan. Earlier in the month, Chad refused to arrest President al-Bashir during his visit to N'Djamena. President al-Bashir did not attend the AU summit in Kampala, Uganda.
Wednesday, August 18, 2010
In his recent commentary on the UN Human Rights Council and Burma, Mark Leon Goldberg considers how the United States could support the Court without joining it. These days, he points out, when it comes to ratifying international treaties, Obama sure does have his work cut out for him.
While ratification of the Rome Statute in the US might not happen tomorrow, we know what we're heading towards, and have a good map of how to get there. One thing you can be sure of hearing about in the years to come is the issue of "self-execution." While it is a straightforward concept, its theoretical application for US law and the Rome Statute can be tricky: simply put, in the process of US lawmaking, a treaty is "self-executing" if it requires no additional legislation to supplement it. No body has yet determined whether or not the Rome Statute would be self-executing.
For your use as an advocate for the ICC, we've produced a brand new guide to the question of "self-execution." In straight-forward, no nonsense language, we've broken down common questions about the complex process of how a treaty like the Rome Statute would come into effect in the US. See it for yourself here, and let us know what you think!