The Duck of Minerva

Alana Tiemessen

Recent Posts

Defying Gravity: Seeking Political Balance in ICC Prosecutions

by Alana Tiemessen | 26 April, 2013 |

The International Criminal Court is often accused of being “political” or “politicized” in its selection of situations and cases. What has become most problematic for the Court’s credibility and impartiality in this regard are the situations and cases that have not been selected, and the criteria and discourse used to justify such omissions and imbalanced prosecutions. Specifically, the “gravity threshold,” which the OTP uses to justify who is prosecuted and who isn’t, is politically problematic for the ICC. Prosecutorial strategies that target only one side of a conflict are frequently...

read more

Does the ICC Need to Reconcile with Africa? Bensouda Comes Out Swinging

by Alana Tiemessen | 30 May, 2012 |

(Originally posted at Justice in Conflict)Photo: BBCFatou Bensouda, incoming Chief Prosecutor for the International Criminal Court, has put threatening war criminals and defiant states on notice. In several recent public statements she has directly addressed two of the Court's most significant challenges: the accusation that the Court's credibility suffers from a "pro-Western, anti-African" bias and the related issue of ensuring state cooperation and support, particularly in executing arrest warrants.The argument that the ICC has (so far) unjustly targeted only African states and individuals...

read more

Peace vs. Justice: Is the ICC Doing It Wrong?

by Alana Tiemessen | 16 May, 2012 |

Photo from Still BurningThe Canadian International Council has rolled out a series of interviews and essays on "Peace v. Justice: The ICC and its Alternatives". Far from flogging a dead theoretical horse, it's a great renewal of a debate on the realities of the seemingly dichotomous choice between peace and justice.Not to mention it's a solid dose of Canadian scholarly insight and we debate very politely.There are interviews with Kathryn Sikkink on the "justice cascade," Leslie Vinjamuri on the role of the ICC in conflict zones, and Louise Arbour on the general debate. There are also essays...

read more

“Truth to Power”: Louise Arbour on Human Rights and International Justice

by Alana Tiemessen | 25 April, 2012 |

CBC - CP file photoThe Canadian International Council recently organized an interesting public event with Louise Arbour on her role in speaking "truth to power." The talk is available on line at Open Canada.org. (starts around 22min mark, after the introductions) and is constructed as a dialogue with Stephen Toope, President of the University of British Columbia and notable international law scholar.Madam Arbour is known for being outspoken on the ICC's prosecutorial strategy, shortcomings in the human rights regime, and advocacy on the Responsibility to Protect and especially the case of...

read more

Impunity Slayer! ICC Convicts Lubanga of War Crimes

by Alana Tiemessen | 14 March, 2012 |

Thomas Lubanga Dyilo listens to the verdict in his trial on March 14, 2012.(c) Photo courtesy of the ICC-CPI / Evert-Jan Daniel /ANP.The verdict is in for the ICC's first trial. Thomas Lubanga Dyilo has been judged guilty of the war crimes of conscripting, enlisting and using child soldiers in the Democratic Republic of Congo (DRC). An order of reparations and sentencing will be decided at a later date. Lubanga could possibly face life imprisonment.The judgement was unanimous and there were several interesting elements in the summary statement, delivered by Judge Adrian Fulford.1) The...

read more

KONY 2012: Bandwagon Empowerment

by Alana Tiemessen | 10 March, 2012 |

Invisible Children's "Kony 2012" campaign provides many of us professors with a unique opportunity to address and learn how students respond to such campaigns and engage with human rights issues. College is an opportunity for students to feel empowered by activism and knowledge that we partly provide, shape and encourage. We do have a responsibility to course correct this empowerment when the knowledge is incomplete or skewed and the call to action may be ineffective or counter-productive.Invisible Children, founded and directed by youth inspired to help war-weary Northern Uganda, has made...

read more

Syria: The Exile or Justice Ultimatum

by Alana Tiemessen | 1 March, 2012 |

ReutersMarc Lynch's policy brief for the Center for a New American Security, titled "Pressure Not War:" A Pragmatic and Principled Policy Towards Syria" raises a provocative possibility for ICC judicial intervention. Lynch argues that pressure should be put on Assad and his officials to either go into exile to allow for a political transition or risk facing war crimes charges at the ICC. In his own words:"To date, Syrian officials have not been referred to the ICC, in order to keep alive the prospect of a negotiated transition. Asad must have an exit strategy, by this thinking, or else he...

read more

The ICC and Kenya: In the Thick of Deterrence

by Alana Tiemessen | 24 January, 2012 |

Antony Njuguna / NairobiThe big news out of the ICC today was the confirmation of charges against four of the "Ocampo Six" Kenyan elites accused of orchestrating and inciting the country's post-election violence in 2007-2008. Ruto, Arap Sang, Muthaura and Kenyatta had their charges confirmed and are expected to appeal; charges against Kosgey and Ali were dismissed by the Court's judges because of a lack of evidence.The decision comes four years after the violence and almost two years after the investigation was opened by the Chief Prosecutor. In that sense it is an underwhelming "milestone"...

read more

#Insurgency: Warring Over Somalia….On Twitter

by Alana Tiemessen | 7 December, 2011 |

Al-Shabaab, the Islamic insurgency wreaking havoc in Somali, appears to have joined Twitter. The @HSMPress (Harakat al-Shabaab al-Mujahideen press office) feed has a trickle of followers and posts today that offer some fighting words on the AU's peacekeeping efforts and the Kenyan military intervention, and laud al-Shabaab's cause and martyrs.@HSMPress with the rising economic burden of operation Linda Nchi, the much-hyped #Kenyan invasion has faltered quite prematurely.Reports are that Kenyan troops, who are retaliating for al-Shabaab's cross-border incursions, have gained ground. But...

read more

Keeping Up With The International Criminal Court: The Realization of Judicial Intervention

by Alana Tiemessen | 5 December, 2011 |

The International Criminal Court would "wither and die" was once the prediction of John Bolton, former US Ambassador to the UN. It seems that is not the case. There has been a dizzying amount of activity surrounding the Court lately, much of which underscores that judicial intervention is becoming a mainstay of conflict resolution and peacebuilding.Undoubtedly, the ICC will be the hot topic at your department's holiday party ;) Here's your cheat sheet so you can nerd out with everyone else. If you get stuck, just wryly remark that it depends on sovereignty, or complementarity, or...

read more