Guidance to English Museums for Responding to Restitution and Repatriation Cases: Are the winds blowing in the direction for the return of the Parthenon Marbles?

Sometimes, stripping back the complexities to think about issues on a human level can be helpful in overcoming the fear of difficult conversations, or of ‘making mistakes’ which can otherwise hinder progress towards resolution. It is important to be alert to the possible sensitivities of claimants, and to the deep sense of hurt and alienation which some of them may feel. It is also worth remembering that the cost to a claimant of bringing a claim – both financially and emotionally – can often be very significant. Equally it is important to establish whether the claimant has standing to make the claim, and whether they are entitled or authorised to do so.

Restitution and Repatriation: A Practical Guide for Museums in England, p. 2.

As I finished reading the recently released Restitution and Repatriation Cases: A Practical Guide for Museums in England, unconsciously, I found myself humming the first lyrics of the 1977 song Love is in the air, substituting love for change:

Change is in the air
Everywhere I look around
Change is in the air
Every sight and every sound Continue reading “Guidance to English Museums for Responding to Restitution and Repatriation Cases: Are the winds blowing in the direction for the return of the Parthenon Marbles? “

Untroubled Asymmetry in International Criminal Justice: Dare we look in the mirror – sincerely?

Much can be said about the politics of international criminal justice, the tolerated/excused hypocrisy in the behavior of certain states (in particular the permanent five members of the UN Security Council), and yes, the callousness or indifference or obliviousness in viewing, accepting, and even promoting inequity. We often tend to justify or minimize inaction or overreaction or selective action when it either suits us or when we lazily adopt a so what or a that’s the way things are attitude. Even when occasionally we truly believe something is off-kilter, irreconcilable, or just plain wrong, we rarely are willing to call it for what it is, to speak truth to power, to dare voice an unpopular position because it is simply the right thing to do. With no agenda in mind, here are a couple of matters worth expressing, however seemingly distasteful it may be to criticize anything related to Ukraine and its efforts in seeking peace and justice. Continue reading “Untroubled Asymmetry in International Criminal Justice: Dare we look in the mirror – sincerely?”

A memorable experience with the AIJA at the Peace Palace

International Association of Young Lawyers (AIJA) Half-Year Conference — Panel on International Criminal Institutions And Their Role In Combatting Crimes Against Humanity

Who would expect a full house of young (under 45 years old) lawyers from around the globe to eagerly (and punctually) arrive at the Peace Palace in The Hague, on 27 May 2023, one of those rare bright sunny days, to hear from and exchange views with a couple of speakers on the topic of International Criminal Institutions And Their Role In Combatting Crimes Against Humanity? This was to be the last event (other than the Gala later that evening, another memorable experience) of the four-day International Association of Young Lawyers (AIJA) Half-Year Conference.

Continue reading “A memorable experience with the AIJA at the Peace Palace”

Empowering the Syrian Defenders of the Free Aleppo Bar Association

On May 8 to May 9, 2023, I had the privilege of being involved in a Training of Trainers and Advocacy Training Program organized by International Bridges to Justice (IBJ) in Gaziantep, Turkey, for Syrian criminal defense lawyers living and working in northwest Syria, notably, in and around Aleppo. Continue reading “Empowering the Syrian Defenders of the Free Aleppo Bar Association”

ADMONISHING THE ADMONISHERS: The Legal Review Panel’s Report on Amnesty International’s Press Release on Ukrainian Fighting Tactics

The dark side of social media is that, within seconds, anything can be blown out of proportion and taken out of context. And it’s very difficult not to get swept up in it all. – Nicola Formichetti

Ditto with press releases. In the age of soundbites, short attention spans, and instant messaging, errors in content are made with such frequency and such magnitude that unless one is well informed, scrumptiously analytical, and persistently skeptical, they go unnoticed. Nuance – the quality of something that can be hard to perceive yet vital for full appreciation – is often ignored or sacrificed when sloppily, lazily, or indifferently narrating complex matters in broad of categorical terms with little or no regard to context and/or all the facts. Continue reading “ADMONISHING THE ADMONISHERS: The Legal Review Panel’s Report on Amnesty International’s Press Release on Ukrainian Fighting Tactics”

Why a tribunal for aggression is unrealistic, why the ICC should step aside, and why a tribunal established by the UNGA is the optimal option

Bringing fresh ideas to an ongoing debate of some duration and substance rarely happens. But do read on for my brief take on why establishing a boutique tribunal to try Putin for the crime of aggression is unrealistic, and why there may be a more practical and achievable solution in investigating and prosecuting those most responsible for crimes being committed in the Russo-Ukrainian war – save for the crime of aggression.

Most agree that Putin’s war-making was unprovoked, unjustified, and unlawful. I say most because there are some who believe that Russia had legitimate reasons for initiating what Putin has characterized as Russia’s “special military operation.” Most also agree – or seem to agree despite any legitimate findings by an independent international tribunal – that Putin is guilty beyond any doubt of the crime of aggression. And many of those who have made their findings and conclusions of Putin’s guilt, call for the establishment of a tribunal with the singular purpose to try and convict Putin, expeditiously, for aggression. Of course, they envisage that a few others would also be charged and tried as well for aggression, but Putin is the great white whale (though it should be remembered that Moby Dick was both Ahab’s obsession and the prize he could not have). Continue reading “Why a tribunal for aggression is unrealistic, why the ICC should step aside, and why a tribunal established by the UNGA is the optimal option”

The BiH High Representative’s Criminal Code Amendment’s Criminalization of Thought to Foster Reconciliation: dare we publicly question the infallibility of the ICTY’s findings of facts and conclusions of law?

“I disapprove of what you say, but I will defend to the death your right to say it.” –Voltaire

valentin inzko — Valentin Inzko, former High Representative (HR) of Bosnia and Herzegovina (BiH)

With a week left in his 12-year stint as the High Representative (HR) of Bosnia and Herzegovina (BiH), the Slovenian-born Austrian diplomat and honorary citizen of BiH, Valentin Inzko, exercised his omnipotent legislative authority granted to him by the Peace Implementation Council at its December 1997 meeting in Bonn, Germany or “Bonn powers”– the powers conferred to the HR to avoid obstruction by local authorities in implementing the Dayton Peace Accords (DPA) – to impose an amendment to the BiH Criminal Code. Effectively, he criminalized the denial or trivialization of genocide, crimes against humanity, or war crimes that have been found by the International Military Tribunal in Nuremberg, International Criminal Tribunal for the former Yugoslavia (ICTY), and other courts in BiH. With the War Crimes Section of the Court of BiH readily accepting adjudicated facts from ICTY final judgments as presumptively, though rebuttably, proven (thus reversing the burden of proof on the defense, as was the practice at the ICTY), the imposed amendment seemingly removes the rebuttable presumption, thus making any adopted adjudicated facts definitive and incontestable; ditto for conclusions of law. Continue reading “The BiH High Representative’s Criminal Code Amendment’s Criminalization of Thought to Foster Reconciliation: dare we publicly question the infallibility of the ICTY’s findings of facts and conclusions of law?”

BORIS JOHNSON’S IMPRUDENT LETTER: irresponsibly fostering misperceptions

The election of two highly qualified UK nationals, Judge Joanna Korner QC and Karim Khan QC, to the roles of Judge and Prosecutor to the ICC respectively, will help serve reform. … As a founder member of the ICC, we have been one of its strongest supporters and continue to respect the independence of the institutions. We oppose the ICC’s investigation into war crimes in Palestine. We do not accept that the ICC has jurisdiction in this instance, given that Israel is not a party to the Statute of Rome and Palestine is not a sovereign state.

Beneath his frat-boy antics, disheveled looks, and bumbling affectations, lies a cunning, calculating, consummate political operator par excellence – even if many of his policies and positions reflect short-term, myopic, tactical jockeying and half-baked ideas. Boris Johnson may have written a (mediocre at best) biography of Winston Churchill, but Winston Churchill he is not. He also seems without a clue as to the concepts of judicial and prosecutorial independence, and that words coming from a Head of State, when imprudent, ill-conceived, and injudicious, create perceptions. Negative ones.

On 9 April 2021, the UK Prime Minister sent a letter to the Conservative Friends of Israel, noting its concerns about the International Criminal Court’s (ICC) recent ruling on the Palestine situation where the Pre-Trial Chamber found that the ICC has jurisdiction to investigate crimes committed in Palestine (see my recent review here). Understandably, the ruling on the Palestine situation has caused a fair amount of consternation or euphoria, depending on where one lines up on the issues involved. The UK had its chance to make amici submissions before the Pre-Trial Chamber. A ruling was issued. To now publicly pressurize the ICC to reverse course (no other way to view Johnson’s remarks), is pure, naked, crude political interference. Continue reading “BORIS JOHNSON’S IMPRUDENT LETTER: irresponsibly fostering misperceptions”

The Trump impeachment trial: observations on rhetoric & advocacy

But since rhetoric exists to affect the giving of decisions – the hearers decide between one political speaker and another, and the legal verdict is a decision – the orator must not only try to make the argument of his speech demonstrative and worthy of belief: he must also make his own character look right and put his hearers, who are, to decide, into the right frame of mind.

Aristotle, The Art of Rhetoric

Sitting at a sushi bar nearly forty years ago as a newly minted lawyer being introduced to the culinary delight of raw fish delicately sliced with artistic flare, I artlessly asked the middle-aged chef how long it had taken him to learn his skills. Taciturnly, he said still learning. It would take years to figure out what he meant – perfection is a process, not a destination. Zen.

Perfecting one’s skills in rhetoric and advocacy is the same – a never-ending journey of striving and evolving, of emulating and improvising, of observing and learning. What may have worked seven, five, or even two years ago may now seem passé and less effective. The audience’s tastes, sophistication, tolerance, attention span, thought processes, etc., have likely changed. As have their socio-economic status, political views, and day-to-day existence. The advocate must adjust to the times and to the occasion. Continue reading “The Trump impeachment trial: observations on rhetoric & advocacy “

Peering through snow in The Hague

This weekend I found myself shoveling more snow than I have since my public defender days in Alaska. As I put my feet up and warmed my weary bones, I re-read a piece my friend Alan Yatvin wrote after getting caught in the snow here in The Hague three years ago. I was reminded of the vivid picture he painted of that experience, and his ruminations on the legacy of the ICTY. I also longingly recalled that which Alan kindly omitted — that I had abandoned him and was then enjoying much more salubrious weather in Phnom Penh. So for those of you, like me, trudging through the snow this weekend, here is a taste of an earlier storm, with a link to the whole essay. Stay warm.

A snowy December night in The Hague

I was in The Hague for a meeting of the Association of Defense Counsel at the International Courts (ADC-ICT). This was my last day in The Netherlands before heading home and it was snowing.

Winter Landscape with Skaters by Hendrick Avercamp

With images of Hendrick Avercamp’s impish 17th century paintings and childhood memories of Hans Brinker, or the Silver Skates (book and movie) dancing in my head, I set out for the “centrum” to fill the last afternoon of my vacation. However, that snowy, frozen canal climate is long gone from this country. Unused to so much snow in a short period of time the Dutch city was, if not paralyzed, substantially slowed down.

After wandering around mostly deserted streets, I headed for the oh-so-convenient bus whose route dropped me practically at the door of the home of my friend Michael Karnavas, where I was staying. Over the next hour, it finally dawned on me that despite the illuminated boards assuring that the bus was 9 minutes, then 4 minutes, then 1 minute away, before disappearing from the board altogether, the buses had ceased running. So, I caught the tram to the beach, which I knew stopped behind the building housing the United Nations International Criminal Tribunal for the Former Yugoslavia (ICTY) a 10 minute walk from my lodgings.

As I walked back, I stopped by the Churchillplein fountain, in front of the Tribunal, to reminisce and contemplate its impending closing.

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