The Goettingen Journal of International Law is currently seeking submissions for its 3rd International Law Essay Competition. This year’s topic is “The Rise of Self-Determination”.

The GoJIL is an e-journal of legal scholarship focusing on International Law. It is the first student-run International Law journal in Germany and is published exclusively in English. The journal is available online and free of charge.

Our Essay Competition offers law students a possibility to earn their first scientific publication. The winning article will be published in a regular issue of the GoJIL towards the end of 2010.

In the past, we were delighted to compliment Mr Marco Benatar and Ms Evelyne Schmid, whose successful contributions were published in GoJIL Vol 1 No 3 and GoJIL Vol 1 No 1.

The deadline for submissions is 15 June 2010, so best start thinking now if you’re interested in entering. Check out their website if you are interested.

GoJIL Call for Papers: Third International Law Essay Competition is a post from: Devon Whittle. You can contact the author at devonwhittle@gmail.com.

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This was a particularly controversial case – Hartmann used to work as a spokesman for the ICTY Prosecutor, there were some issues involving the rights of States, and the information that she disclosed, in a book and an article, was argued to be already in the public domain. The Chamber seems to have disagreed – finding that the information was not in the public domain and fining her €7,000.

From the looks of the summary of the judgement, it likes like the ICTY is continuing down a very strict reading of the Rules in relation to contempt, that lowers the bar for contempt prosecutions. While, as noted by Kevin Heller at Opinio Juris, “There is no question that Hartmann knowingly violated Tribunal rules”, should this be enough to justify a finding of contempt?

Rule 77 of both Tribunals states that “The Tribunal in the exercise of its inherent power may hold in contempt those who knowingly and wilfully interfere with its administration of justice” (it also provides some examples of actions that can result in a finding of contempt, including disclosure of information in contravention of an order).

Following Margetic, Jovic, Haxiu and Nobilo, and mostly recently Nshogoza, the Tribunals have taken a very strict approach to this rule.

Beginning by establishing that a ‘mere’ a violation of a court order is an interference with the administration of justice, Chambers have gone on to say that this means that the mens rea for contempt is satisfied by the deliberate violation of a court order – all the Prosecution needs to prove is that the person committed the act deliberately and not accidentally, this is enough to show the person was also trying to interfere with the administration of justice.

I think that this approach is valid legally, but from a policy perspective is it really fair?

First of all, it is not clear to me that just because someone violates a court order they necessarily are “knowingly and wilfully” interfering with the administration of justice. It is conceivable that while a person knows their action violates a court order (and therefore interferes with the administration of justice), at the same time their intent (or will) was not to do so. For example, Hartmann’s disclosure, while technically in breach of a court order, was arguably not done with an intent to interfere with the administration of justice given she believed the information to already be in the public domain (whether or not it actually was is another question).

More problematic though, Nshogoza appears to say that even if the person violating the court order believed that their actions were legal, this would not excuse their breach. While ‘ignorance of the law is no excuse’, when a Rule requires knowledge and intent it would appear that the state of mind of the accused is of the utmost importance.

Finally, just as the Appeals Chamber has found that Chambers should be using their power to sanction counsel for frivolous motions cautiously, I would argue that Rule 77 should be reserved only for cases that meet a requisite level of ‘seriousness’. While perhaps not a legal argument, though there are some ICTR Trial decisions supporting this idea, it would mean less wasting of the Tribunals’ time and resources, a system perceived to be fairer in regards to punishment and perhaps less allegations of ‘vindictive’ prosecutions (See also Bill Schabas he would prefer national courts deal with these contempt cases as opposed to the Tribunals).

Nshogoza is currently on appeal, and the Hartmann judgement is yet to be issued, so it will be interesting to see how the law in this area is actually developing.

Hartmann convicted for contempt at the ICTY is a post from: Devon Whittle. You can contact the author at devonwhittle@gmail.com.

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Beyond those relatively simple requirements, the ALOs I’ve met have had a variety of different backgrounds here at the ICTR. Some are UN employees fresh from non-legal work in other UN agencies, others are doing post-graduate study and quite a few are ex-corporate (or taking a sabbatical from their firm).

From what I can gather here are a few tips on paid employment in Chambers at the ICTR:

• Internships help. A lot of the ALOs here have previously done an internship at the Tribunal. I’m not sure what the crossover rate is from the ICTY, but doing a good job on an internship at the ICTR can open lots of doors to people and opportunities for paid work. That said, there are also ALOs here who have no experience at international tribunals/courts, so it’s definitely not determinative.
• Corporate experience is great. While at university we can often create a stark divide between “corporate law” and the “non-private sector”, but in Chambers plenty of the ALOs have come from corporate jobs, in areas like IP, dispute resolution or banking, and some are even going straight back to their corporate jobs when they finish here. Corporate law gives you valuable training and experience in dealing with “the law”, even if its not substantive international criminal law. Not to mention being forced to work to real world deadlines and being forced to develop your people skills. So no need to ‘sculpt’ your CV to make it look “anti-corporate”.
• Get admitted. One thing that is clear is the importance of being admitted in some domestic jurisdiction. And it’ll make your life a lot easier if you get it done sooner rather than later. Not only is it required for certain legal job opportunities at the ICTR, but it means that you “really are a lawyer” when applying for jobs, even if the job ads don’t specifically mention admission.
• Post-grad study recommended. While its definitely not a requirement to getting a job, it seems that most ALOs, and more senior staff, have either already done some post-graduate study or are planning to soon. International criminal law is one of those areas where post-graduate study is definitely “strongly recommended” as it develops your substantive knowledge of an area of law and you can significantly contribute to the existing scholarship based on your experience of working in the law. So in many ways, study and work at the ICTR are a natural mix.

These tips are purely based on my personal observations, so let me know in the comments if I’m totally off-base or have missed out on a crucial piece of advice. Also, I have no idea how relevant these are for any institution apart from the ICTR. And don’t forget, with the two ad hoc closing “in the near future…” jobs are hypothetically going to get a lot scarcer with more competition.

How to get a job in Chambers at the ICTR is a post from: Devon Whittle. You can contact the author at devonwhittle@gmail.com.

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It’s a tour company with a difference – they take you on tours around the Op Shop (Thrift Store) hot spots around Melbourne to help you find a bargain in recycled clothing. Op Shop fashion is massive at the moment and a good ‘eco-friendly’ and inexpensive way to shop.

I think this sounds like a very interesting idea and look forward to seeing how they go. First tour starts this weekend (special opening offer of $25 per person) and include a public transport trip around Melbourne’s Op Shops, styling tips from Jess & Jenny and tips on how to maximise your op shopping.

Book via the website if you’re interested.

Quick Plug for Melbourne Op Shop Tours is a post from: Devon Whittle. You can contact the author at devonwhittle@gmail.com.

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My six months in Arusha are now over, and Clare and I are almost in London (although with nowhere to stay yet). The ICTR was amazing, hopefully I’ll post more on that in the future depending on how crazy school work is. And CTLS looks like it will be very exciting (but busy) – it’ll be nice to be studying again.

Currently we are visiting friends in Lecce, Italy. We get back to London the day before classes (bad planning on my part) and have a few house inspections lined up. Plus I’ve got less than a fortnight to make my paper on frivolous motions at the ICTR shine (any suggestions?).

If you’re in London, let me know and, if I’m not too stressed out, we can meet up for a coffee. We’ll be there until December.

Ciao!

Bye bye Arusha, Hello London (via Italy) is a post from: Devon Whittle. You can contact the author at devonwhittle@gmail.com.

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Unfortuneately, due to the rush, it wasn’t exactly the best haircut I’d ever received and so I’ve been wrestling with a head of uneven hair ever since.

image source: willpate
So today I found a local hairdresser (and masseuse according to the sign on the door) and got a haircut.

I walked in, asked “Shillingi ngupi?” and was told it would cost about AU$5 for a haircut. Though I’m a terrible bargainer I had been told that I shouldn’t pay more than AU$3, and around AU$2 is a reasonable price. So I offered AU$3 – which he immediately accepted. I probably could have gone for AU$2, but I’m a terrible bargainer and didn’t want the man holding the scissors to have any feelings of resentment towards me.

When my German friend attempted to get a haircut here in Arusha the lady was too shocked that a mzungu would even ask for a haircut to do anything. She shook her head and told him “No, I can’t!” He offered her money but she still said no and when he asked her where he could go for a haircut she said that no-one in Arusha could cut his hair! He somehow managed to convince her to try and she took out her scissors and warily snipped one lock of his hair. She then returned the scissors to her belt observed her handiwork cautiously before withdrewing them for another attempt.

Needless to say not much of his hair was cut during that expedition (despite it costing him AU$10).

My hair cut was a rather different affair. The barber fluffed up my crazy mixed-race hair and expertly removed the lot of it. It seems that barbers here specialise in the buzzcut – the few mzungus that have gotten their hair cut here have all returned with a faux-military look.

I think my barber might have been a bit surprised when he started cutting my hair as even though my skin is darker then the average mzungu, my hair left Africa a long time ago. Not only are my genes a motely arrangement of German/French/British/Zulu, but my youthful experimentation with hair straighteners hasn’t been too kind on my follicles.

We had a few hiccups as my hair jammed up his buzzer, but, apart from his inability to remove my sideburns, I think it came out looking all right. Although I don’t think I’ll be posting photos anytime soon.

Today I got a haircut is a post from: Devon Whittle. You can contact the author at devonwhittle@gmail.com.

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There’s the Human Rights Majors: first year (hopefully no later) law students who’ve discovered human rights and want to help lock up the “evil genocidaires” as quickly as possible and for the longest time possible. Usually completely oblivious to the fact that the accused has human rights too. They are relatively unharmful as long as they stick to the Office of the Prosecutor and aren’t found working in Chambers.

Then you have the Here for the Safaris intern who come for two months tops (and sometimes less), spends most weekends on Safari, most Thursdays at Via Via and most Fridays complaining about their Via Via hangover. Happy to fix typos for their entire internship, as long as they only have to work three days week. They are only really annoying when you need to compete with them to get a spot on the free UN flight to Rwanda.

Next are those that are Here for the Long-Haul, one of my favourite types of interns. They come for three months, extend their internship to six months, and now, nine months later, might leave…as soon as their trial finishes (or they manage to snag a paid job here). These interns quickly become the veterans who know everything there is to know about the Arusha/ICTR/UN/Rwanda and learn to resent the coming and going of all us ‘newbies’ (and our constant questions).

There are also the interns who were Expecting New York and didn’t realise that Arusha is not New York City, even if we are working for the UN. They enjoy complaining about power outages, lack of hot water, lack of internet, bad food, dust, dalla-dallas, AK-47s, hot days, cold days, cramped offices and the pole pole pace of things. Also liable to have a paranoid fear of being robbed, being ripped off, using taxis, walking, dalla-dallas, getting food poisoning from fish/milk/the locals or contracting malaria. It is also almost guaranteed that something awful will happen to these people.

Finally there’s the interns that Would do Anything for a Job at the ICTR. These interns really, really, really, really, really, really want to work in international law and willing to do anything to make that happen. Unlikely to share work, tips or food with you, very likely to work overtime and most weekends.

I’m not sure which stereotype I am. After five months I’m probably leaning towards the crotchety old long-hauler complaining about all these newbies ruining my office and front lawn. But I’ve done enough complaining about the internet and offices that I must have a streak of New York-envy in me.

Five Stereotypes of ICTR Interns is a post from: Devon Whittle. You can contact the author at devonwhittle@gmail.com.

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However, would an arrest of Bashir by Uganda be legal?

Two recent articles deal with this issue head on. On the one side you have Paola Gaeta in the Journal of International Criminal Justice, arguing that “the ICC request to state parties to surrender President Al Bashir is…an act ultra vires. State parties are therefore not bound to comply with this request”; and contrary to this is Dapo Akande, also writing in the JICJ (and over at EJIL:Talk!), arguing that “the effect of the Security Council referral is that Sudan is to be regarded as bound by the ICC Statute…[and that] the removal of immunity operates even with regard to non-parties.”

The core of the disagreement between Gaeta and Akande is their interpretation of the Security Council resolution referring the situation in Darfur to the ICC. While Akande sees the Security Council requiring Sudan to co-operate with the ICC as effectively turning Sudan into a party to the Rome Statute, Gaeta argues that the effect of Security Council referral is explicitly regulated by the Rome Statute, and nothing in it or the terms of the resolution bind Sudan to the provisions of the Rome Statute.

While I’m sympathetic to Akande’s argument that the Security Council can bind non-parties to treaty provisions such as those of the Rome Statute, I wonder whether something more explicit is needed then the obligation to co-operate contained in Resolution 1593.

Technically one could look at the creation of the ICTY/R as analogous examples of the Security Council imposing a Court’s statute upon the international community, however because the ICC already exists as a body established by treaty apart from the UN, its a strange departure from VCLT treaty interpretation rules to allow the Security Council to bind whoever they like by Rome Statute obligations.

Both articles are worth a read for coverage of the issues, especially the end of Akande’s where he comments on the one immunity that the Security Council referral can’t remove:

These are the immunities of representatives to the United Nations. These immunities…are also conferred by Article 105(2) of the UN Charter which provides that:

Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their f unctions in connection with the Organization.

Therefore if Al Bashir were to travel to the United States to attend a meeting of the UN General Assembly he would be immune from arrest.

Is it legal to arrest Al Bashir? Akande v. Gaeta is a post from: Devon Whittle. You can contact the author at devonwhittle@gmail.com.

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After the usual festivities at Via Via a few weeks ago, a few interns called their regular taxi driver for a lift home. After dropping off one of the interns, the rest realised that the driver was more drunk then they were, so they offered to drive his car the rest of the way home (a not unusual occurrence here).

IMG SRC: grooble

When they arrived at their place, the intern driving turned around to the driver, who’s in the back seat, and says “That’ll be TSH3,000″. The driver, being so inebriated, actually paid him the money!

It gets better.

Once everyone left the taxi, the driver realises that something wasn’t right and says to them “Wait, wait, you need to pay me.” So the intern then replies to him “How about TSH3,000?”. He agrees and accepts the TSH3,000 that he has just given to them as payment!

I think this story could only be better if it happened with a Dalla-Dalla.

Wait, so the taxi driver paid you? is a post from: Devon Whittle. You can contact the author at devonwhittle@gmail.com.

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3. First week in Arusha

First, you are going to need to arrange your own accommodation. The ICTR will not provide you with anything, but may give you a list of suggestions. I stayed at BaseCamp Tanzania for my first week and then moved out into an apartment. Usually interns share a house or rent an apartment, my wife and I paid between US$450 and US$500 per month for decent, one bedroom, self-contained apartments. My favourite accommodation so far as definitely being at Kundayo Apartments.

Second, cost of living in Arusha can potentially be very cheap, depending on how self-sufficient you are. As a general guide, fresh fruit and veg is very cheap, see here for examples, processed food is more expensive (cereal and cheese prices are insane), and you can get a nice meal out for about TSH10,000. Of course you can also pay much more by going to mzungu places, and much less by going local. Most interns eat out for lunch, for between TSH2000 and TSH5000. Mobile phones are cheap. If you want to buy one here expect to pay around TSH30,000. A sim card shouldn’t cost more than TSH1,000. And Google Vodacom Tanzania, Tigo Tanzania and Zain to see the latest prices for talktime, I pay less than TSH5000 per week.

Third, entertainment-wise, there’s a cinema complex that costs about TSH6000, gyms starting at US$10 per month and there’s usually a group of interns going on safari or to Zanzibar each weekend. Expect to pay at least TSH100,000 for a Safari, TSH45,000 for a nice weekend hike, TSH7,000 for a local hike, and you can go for a swim for between TSH3000-5000.

Drinking also seems to be a popular form of entertainment among some interns. Alcohol is pretty cheap if you buy at the supermarkets, TSH1500 for a beer, US$10 for an alright bottle of wine, US$5 for a 500ml bottle of “Konyagi” (the local bastardised gin) and tax-free prices on other liquors. Avoid banana beer, no matter how cheap it is – the stuff tastes like cigarette butts, but some people have been known to have mixed with Konyagi – which is just asking for trouble.

There are a few clubs and bars around Arusha, Via Via is popular most Thursday nights, Masai Camp on the weekends, and Stiggy’s for an expensive drink throughout the week.

Fourth, transport to and from work is very easy as the UN provides a shuttle service right to your door. Many people also walk to work and there are also cheap taxis and local ‘dalla-dallas’ (minibuses). It would cost me about TSH3000 to take a taxi to work, TSH250 to take the dalla-dalla, or about 30 mins to walk. Dalla-dalla’s can be intense if you’re not used to being cramped into a mini-bus with a barely functioning dash and a crazy driver, but are fine once you get used to it.

Fifth, the work environment and load varies depending on when you get here, what section you’re in and who your supervisor is. At the moment I share an office with 9 other interns, so things are a bit crazy and you need an iPod or earplugs to get any work done. The work day varies depending on what stage your case is at, how busy your Chamber is, etc. The longer you are here for the more likely you are to get something meaty and good to work on. Jobs include: research, summarising motions, writing witness summaries, sitting in court, checking footnotes, and assisting in the drafting of decisions/judgements.

If anyone out there wants more information on any aspect of intern life in Arusha, just let me know via e-mail or in the comments.

More advice for new ICTR interns is a post from: Devon Whittle. You can contact the author at devonwhittle@gmail.com.

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