Sunday, July 11, 2010

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IntLawGrrls


ECCC Update

Posted: 11 Jul 2010 03:10 AM PDT

We've blogged before on the remarkable denouement of the trial of Kaing Guek Eav (alias Duch) (below right) wherein the defendant all but changed his plea in the final moments of the trial, eviscerating the careful defense that had been constructed for him by his brilliant Co-Defense Counsel, François Roux, and driving a final wedge between his foreign and Cambodian co-counsel (left). The latter, Kar Savuth, had himself also surprised everyone in attendance with an impassioned closing argument on behalf of his client; he attacked the prosecutor's case on both substantive and jurisdictional grounds, and asked for an acquittal on all counts in the Closing Order.
Not surprisingly, perhaps, it was announced Friday that Duch has officially asked to withdraw Roux as his Co-Defense Counsel. Defendants are allowed to change their counsel only under "exceptional circumstances."
The Defense Support Section of the Extraordinary Chambers in the Courts of Cambodia issued an administrative decision allowing for the withdrawal on the grounds that:
    1. There is no reason to doubt that Mr Kaing's loss of confidence is genuine;
    2. There is no reason to believe that the Request is aimed at obstructing the proceedings;
    3. The withdrawal of Maitre Roux at this stage will not unduly delay the proceedings;
    4. The loss of confidence amounts to exceptional circumstances.
Savuth will represent Duch at the reading of the verdict on the 26th of this month. Roux, meanwhile, has taken the position as chief defense counsel for the Special Tribunal for Lebanon.
In other news from the ECCC, Secretary-General Ban Ki Moon recently announced that he would appoint a U.N. Special Expert on the Extraordinary Chambers in the Courts of Cambodia to monitor the tribunal and endeavor to prevent political interference. The scuttle is that the position will be taken up by Clint Williamson (left), former U.S. Ambassador for War Crimes Issues, starting very soon.

Transnational slavery

Posted: 11 Jul 2010 02:03 AM PDT

Over at Legal History Blog, Ariela Gross (below left), John B. and Alice R. Sharp Professor of Law and History at the University of Southern California Gould School of Law, points to a interesting trend -- a turn to comparative and transnational legal research on the history slavery. It's legal research with a twist:
The turn away from law in the social history of slavery in the 1970s through the 1990s coincided with a turn away from comparison. Returning to law, but from a bottom-up rather than top-down perspective, may allow us to escape some of the exceptionalism that has marked studies of the U.S. South – and the U.S. more generally – without falling prey to the overdrawn contrasts of an earlier generation of scholarship.

Full post, with names of scholars working in this area, is here.

On July 11

Posted: 11 Jul 2010 01:04 AM PDT

On this day in ...
... 1995 (15 years ago today), "the one-time student protester" against the Vietnam War, who'd become the United States' leader 2-1/2 years earlier had become the leader of the United States, established full diplomatic relations with Vietnam. President Bill Clinton hearkened to words once used by Abraham Lincoln, President during the Civil War a century earlier, when he said in remarks delivered at a ceremony in Washington:


This moment offers us the opportunity to bind up our own wounds. They have resisted time for too long. We can now move onto common ground.

The move came more than 2 decades after U.S. troops abandoned what was then the capital city of South Vietnam. Today it's known as Ho Chi Minh City, part of the single country of Vietnam depicted above right. In 2000, as depicted in these BBC photos (credit), the President and the 1st Lady -- today, Secretary of State Hillary Clinton -- would make the 1st official visit to Vietnam in a quarter-century.



(Prior July 11 posts are here, here, and here.)

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