In association with the International Commission of Jurists

April 2009

05 Apr

I've always loved the New York Times.  I've been reading it since I was a kid.  But this comment by the paper's Executive Editor, Bill "Isn't the Iraq War Just Swell?" Keller, makes me want to cancel my subscription: Saving the New York Times now ranks with saving Darfur as a high-minded cause. Yeah, propping up the Gray Lady is just as...

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04 Apr

The more things change, the more things stay the same -- at least with this administration: He had become the most vocal opponent of the trial of Guantanamo Bay detainee Omar Khadr, taking on a position more akin to politician than lawyer and launching a two-year public and media campaign that landed him on the front pages of newspapers and inside...

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04 Apr

Michael Innes, over at ComplexTerrainLab (where I have been participating in a very interesting discussion with a bunch of historians and political scientists on PW Singer's Wired for War), posts up a comment on a new journal, Critical Studies on Terrorism, and a review of it in another journal, Studies in Conflict and Terrorism.  (My own favorite journal on terrorism,...

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03 Apr

Tod Lindberg, research fellow at the Hoover Institution and editor of Policy Review (and, full disclosure, good friend of mine) has a new article out in Commentary, "The Only Way to Prevent Genocide."  The article argues that while "creative diplomacy" can make a difference, in "the end, it may all come down to the willingness of the United States to...

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02 Apr

It's not exactly international law, but he was my professor at CU -- one of the very best I ever had -- and, in order to rule in his favor, the jury had to find that a majority of the Regents used his infamous 9/11 essay as a "substantial or motivating factor" in the decision to fire him.  So I...

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02 Apr

I know I shouldn't let mainstream American conservatives' ignorance of international law bother me, but it does.  Today's example: The United States is not a signatory to the International Criminal Court, and Spanish judge and prosecutor Baltasar Garzon is a good reason why. He is considering a lawsuit by lawyers for human rights groups seeking the arrest and extradition of six former...

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02 Apr

Read all about today’s blockbuster decision in which a U.S. federal district court held, in light of Boumediene, that detainees held at the U.S. Air Force Base in Bagram, Afghanistan, have a constitutional right to petition for a writ of habeas corpus in U.S. courts. A longer description and link to the 53-page opinion are here. Key caveat:...

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02 Apr

Following-up on my post on Harold Koh's nomination, in the first part of this post I round-up some links to new stories and blog posts on Koh's nomination. Moreover, after the "continue reading" jump there is a guest post from Prof. Anupam Chander of the University of California, Davis (currently visiting at the University of Chicago). In the last day or so,...

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01 Apr

Back in February, I noted that the ASIL Task Force on U.S. Policy Toward the International Criminal Court had adopted a set of recommendations for how the Obama Administration could take steps to engage with the ICC in new, more positive ways than the preceding Bush Administration.  As part of the ASIL Conference last week, the Task Force released a...

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01 Apr

On Monday, the Eleventh Circuit rendered an interesting opinion in the case of King v. Cessna Aircraft on the subject of forum non conveniens and the rights foreign plaintiffs under bilateral treaties. The case arose out of wrongful death actions by American and European plaintiffs against Cessna Aircraft arising from a plane crash in Italy. The district court...

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