In association with the International Commission of Jurists

August 2008

15 Aug

Following is a statement that Secretary of State Rice made today in Tbilisi regarding the sirtuation in Georgia, the cease-fire agreement, and next steps. I have also included an excerpt from her Q&A with reporters and highlighted throughout a few parts that I thought were particularly interesting. SECRETARY RICE: Thank you, Mr. President.  Mr. President, as President Bush noted in his statement a couple...

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15 Aug

Last October, Col. Morris Davis resigned as chief prosecutor of the military commissions, claiming that Brig. Gen. Thomas Hartmann had interfered with the prosecutor's office, pressured him to use classified evidence -- requiring sessions to be conducted behind closed doors -- and encouraged the use of evidence obtained through waterboarding.  Col. Davis filed a formal complaint at the time, but...

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14 Aug

Our friend John Boonstra at UN Dispatch calls attention to a little-used provision of the UN Charter that requires members of the Security Council to abstain from voting on substantive matters when they are a party to a dispute.  Here is the text of Article 27(3): Decisions of the Security Council on all other matters shall be made by an affirmative...

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14 Aug

The New York Times has posted online the (possibly fraying) cease-fire agreement concerning the conflict in Georgia. At the time of its signing, President Sarkozy had said something to the effect that this is not a document for a lasting peace, but rather just to stop the shooting.  Looking at the text, I can see why he wanted to make that clear. ...

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14 Aug

According to Interfax, Russia is considering referring the situation in South Ossetia to the ICC. It quotes Russia's Prosecutor General, Yury Chaika, as saying that he "doesn't think setting up a special [international] court is necessary. Complaints and applications from our citizens which will be referred to the International Criminal Court would suffice."  That's an interesting statement, given that Russia...

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12 Aug

With the announcement of a six-point plan for a Georgian cease-fire, attention is shifting to how to construct a durable and equitable peace in the Caucasus. As the parties settle-in for some sort of negotiation, I find it interesting how the ideas about international law and norms are used in the statements of the parties.  Here are a couple of examples from a CNN...

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12 Aug

Those of us who teach International Business Transactions often face the pedagogically tough situation of having students whose knowledge of basic business and finance varies enormously, from those who were business undergraduates to those who were art history majors.  In my case, my IBT class typically also has half to two thirds foreign LLM students whose undergraduate studies in law...

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12 Aug

Almost a decade ago, Tom Friedman famously scoffed at the idea of a "Microsoft Navy" defending the shipping lanes of the Pacific.  But technology has a way of moving us in unforeseen directions, raising the possibility not just of aggressive cyberwarfare, but of cyber-defense forces.  So, when hackers (allegedly Russian in origin) took down Civil.ge, the official English-language official Georgian news cite, Georgia turned to Google Blogspot...

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12 Aug

As the fighting winds down or escalates (depending on whom you believe), the legal battle that Ken discussed yesterday seems to be gearing up and getting more complex, with the International Court of Justice, the International Criminal Court, and the European Court of Human Rights now all being mentioned in news stories. The AP is reporting the following: The Georgian security council...

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12 Aug

Although the Modern Olympic Games have been held since 1896, it was only recently that professional athletes were permitted to participate in the Olympics. Until the late 1980s, in a futile effort to prevent professionalization of the Olympics, only “amateur” athletes were deemed eligible by the International Olympic Committee to compete in the Olympic Games. Since then, the international federation...

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