Tibeto Burman
13.1K posts

Tibeto Burman
@TibetoBurman
Mixed race Burmese. Tweet mostly for #Myanmar #Burma #WhatsHappeningInMyanmar right now. #Rohingya is a political and militant movement. NOT an ethnic name.

















HUGE POINT by Prof. Talmon here: "A court that must be fully convinced cannot find a breach of the Genocide Convention on the basis of material that in a criminal trial would not even suffice for the confirmation of charges, because a confirmation of charges would require the higher standard of substantial grounds. Just think about this: how could you come up with a historic judgment finding that a State committed genocide on the basis of evidence that would not be sufficient for the judges at the International Criminal Court just down the road to even confirm a charges sheet (emphasis added)? That is unbelievable." Reminder, for another relevant genocide case ongoing (South Africa v. Israel), the International Criminal Court just down the road rejected confirmation of charges for the crime against humanity of extermination for Israeli leaders - a lower threshold crime than genocide.


HUGE POINT by Prof. Talmon here: "A court that must be fully convinced cannot find a breach of the Genocide Convention on the basis of material that in a criminal trial would not even suffice for the confirmation of charges, because a confirmation of charges would require the higher standard of substantial grounds. Just think about this: how could you come up with a historic judgment finding that a State committed genocide on the basis of evidence that would not be sufficient for the judges at the International Criminal Court just down the road to even confirm a charges sheet (emphasis added)? That is unbelievable." Reminder, for another relevant genocide case ongoing (South Africa v. Israel), the International Criminal Court just down the road rejected confirmation of charges for the crime against humanity of extermination for Israeli leaders - a lower threshold crime than genocide.














