In association with the International Commission of Jurists

November 2009

23 Nov

Ruth Wedgwood's new column at Forbes.com takes up the uncomfortable question of Peter Galbraith and his financial dealings with regard to Kurdish autonomy, oilfields, and Galbraith's consulting deal with a Norwegian company that could conceivably pay him somewhere up to $100 million.  That discussion is very important and fraught with issues - Galbraith has not been a US diplomat for...

|
23 Nov

I don't know what I think about this report by two Switzerland-based NGOs analyzing a number of popular video games for their consistency with rules of international humanitarian law (h/t kotaku).  Apparently, many video games encourage blatant and unrepentant violations of the laws of war. In the scenes, there seems to be no assessment of proportionality in the attacks realised in...

|
22 Nov

My former colleague, current friend, and somewhat-regular OJ contributor Dan Bodansky has published The Art and Craft of International Environmental Law.  Here is Harvard University Press's description of the book: International environmental law is often closer to home than we know, affecting the food we eat, the products we buy, and even the air we breathe. Drawing on more than two...

|
21 Nov

It is becoming increasingly clear that the Registry made no attempt to comply with the Appeals Chamber's decision in Seselj.  I have now learned that the Registry arranged for Dr. Karadzic to meet with five defence barristers, including Mr. Harvey.  Dr. Karadzic was then given a deadline to choose one.  Instead, citing Seselj, Dr. Karadzic asked for a copy of...

|
21 Nov

James Comey and Jack Goldsmith provide here the best (although not completely convincing) defense of the decision to try KSM in New York.  I agree that the most defensible explanation is that military commissions remain constitutionally vulnerable, hence it makes sense to use the civilian courts for your most important cases. I don't quite buy this, but I think this...

|
21 Nov

OK, so France wins on a bad call by a referee.  And people in Ireland are mad.  And the Irish Prime Minister even brought it up with French President Sarkozy at a recent EU meeting.  But nothing quite captures the importance of soccer and the World Cup then riots, clashes, and the recall of ambassadors after Egypt defeated Algeria in...

|
19 Nov

The ICTY has appointed Richard Harvey, a barrister with Garden Court Chambers in London, to serve as Dr. Karadzic's stand-by counsel.  There is no question that Mr. Harvey is more than qualified for the position: in addition to defending a number of individuals accused of terrorism-related offences in the UK, Mr. Harvey has served as the lead counsel in one...

|
19 Nov

I haven't irritated OJ purists by blogging about (international) sports for a while, so I think it's only appropriate to point out that, for the second time in two years, the French have stayed alive in a World Cup only by the grace of pathetic officiating.  The most recent outrage comes courtesy of soccer (being American, I refuse to call...

|
19 Nov

To continue with our earlier postings on issues of interest in the Draft Articles on the Responsibility of International Organizations – a subject of current debate involves countermeasures. Countermeasures can be defined as actions (reprisals) taken to respond to a prior negative action that would violate international law but for the prior wrong. Countermeasures are to...

|
19 Nov

One of the remarkable differences between the Obama Administration and the Bush Administration in terms of international litigation is the utter silence of this State Department in filing amicus briefs and/or statements of interest. I know that Harold Koh has only been Legal Adviser since June and Sarah Cleveland has only been Counselor on International Law since September, but...

|
18 Nov

[Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law, and is also a former prosecutor. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or...

|