Now that she has the Jeff Rosen seal of approval, the safe money is on Diane Wood to fill David Souter's seat on the Supreme Court. Most of us IL types will know that Judge Wood has some strong interests in the area (she has been on the board of editors of the AJIL), but in my case at least it's...
The Wall Street Journal had a news story yesterday, "Spain is Moving to Rein in Crusading Judges" (May 20, 2009), reporting on moves in the Spanish parliament to place stricter limits on the ability of investigating magistrates - most famously, Baltasar Garzon - to undertake sweeping investigations and indictments worldwide on the basis of universal jurisdiction: Under pressure from irate foreign...
Details here. Assuming that we're talking foot soldiers, this seems a pretty thin argument for keeping the rest under wraps, even through a cost-benefit/national interests optic. The equation: How much does keeping Gitmo up and running hurt US interests v. how much damage can released detainees cause if they return to the battlefield. I'm betting that for all but the very few high-level detainees,...
A while back, a commentator (aptly named Irritated) complained about my use of acronyms in a post on treaty priorities of the Obama Administration. I understand the frustration of the uninitiated. That said, the reality is a facility with acronyms appears to have become part of the job description for international lawyers. I have no idea when or how this phenomenon...
Deniz Aydiner wins the honors for one of the dumbest murderers ever. He was indicted for aggravated murder in 2003 and while the investigation was pending he returned to Turkey. The state of Oregon subsequently indicted him and sought to impose the death penalty. But Aydiner missed his wife so much that he just had to return...
Seed Magazine has an interesting roundtable discussion about whether or not conflicts over fresh water are a significant threat to international stability (and whether water shortages are even a cause of war). The introduction to the discussion notes the case being made that water shortages have been and will increasigly be a source of violent conflict: In 2007 an 18-month study of...
Interesting interview at CFR.org on public diplomacy and the use of social networking with Elliot Schrage, formerly of Google, now of Facebook (and author of a perceptive 2004 study on workplace codes of conduct). No surpise, the State Department has a Facebook page. Schrage has this to say about how governments should put these tools to work: The challenge is, how do...
People magazine reports: Before heading to the glitz and glamour of the Cannes Film Festival in France, Angelina Jolie spent Tuesday in a courtside booth at The Hague in the Netherlands watching the prosecution of warlord Thomas Lubanga, calling it "a landmark trial for children." At one point, Jolie found herself under the watchful eye of Lubanga, the founder and former leader...
Jack Goldsmith has a new essay out in The New Republic, "The Cheney Fallacy," comparing the basic elements of the Obama and Bush national security and counterterrorism policies. It walks through eleven core features of the national security-counterterrorism apparatus, from Guantanamo to targeted killing to interrogation, etc., and compares the two administrations. Certainly I think this is the right basic...
Anonymous senior official in the Obama administration, 2009: [T]he hearsay rule is not one of those things that is rooted in American values. The Sixth Amendment to the United States Constitution, 1791: In all criminal prosecutions, the accused shall enjoy the right...
The news (not yet officially announced) that former President Bill Clinton will be named a Special Representative of the Secretary General Ban Ki-Moon to Haiti is surely unprecedented. While ex-presidents, prime ministers, and foreign ministers have been called on in the past to serve as special envoys of the SecGen, I cannot recall an instance where the spouse of a...
There's no legal obstacle to appointing a dual citizen to the Supreme Court. In fact, in contrast to qualifications for Congress and the Presidency, the Constitution sets no citizenship requirements of any kind for justices of the Supreme Court. Now it's unlikely in the extreme that Obama will appoint a foreigner to the Court, although it would be an interesting little parlor game...
