March 2010

[caption id="attachment_11512" align="alignleft" width="120" caption=" "][/caption] It’s an honor to have two so distinguished scholars comment on my article. As always, I learn from reading their commentary and I thank each for his insights. Two quick reactions. First, Professor Johnson raises an interesting semantic question (which I do not address in the article): If a state “unsigns” a treaty, is it still a...

Cross-posted at Balkinization Earlier this term, the Supreme Court granted certiorari to decide the latest issue in the sad case of the Uighurs still held at Guantanamo Bay after having been cleared of “enemy combatant” status by both Bush and Obama Administrations. U.S. treaty obligations restricting the ‘refoulement’ of individuals to countries where they’re likely to face torture have effectively...

[caption id="attachment_11525" align="alignleft" width="68" caption=" "][/caption] [Larry Johnson is an adjunct professor at Columbia Law School.  From 2006-2008, he served at the United Nations  Headquarters as the Assistant-Secretary-General for Legal Affairs.]  Professor Michael J. Glennon in his post warned American policy-makers to be wary of a “time bomb” that could explode in May – the adoption of a vague, new crime of aggression...

[caption id="attachment_11521" align="alignleft" width="120" caption=" "][/caption] [Anthony Clark Arend is a Professor of Government and Foreign Service at Georgetown University]. When the Obama Administration came into office over a year ago, it was faced with a daunting task. The previous Administration had run rough-shot over international law dealing with the use of military force.  A man that would be Attorney General would call...

[caption id="attachment_11512" align="alignleft" width="120" caption=" "][/caption] [Michael J. Glennon is Professor of Law at The Fletcher School at Tufts University] The article addresses a question that is particularly important for the United States. The Obama Administration has begun to express a renewed interest in the International Criminal Court (ICC), after almost a decade of distance between the Court and the United States....

The wide-ranging book, which is edited by Carsten Stahn and Larissa van den Herik and published by Cambridge/TMC Asser, is well worth checking out.  Here is the table of contents: Part I. The Influence of Scholars and Practitioners on the Development and Conceptualization of International Criminal Law: 1. 'Satires of circumstance': some notes on war crimes trials and irony...