In association with the International Commission of Jurists

May 2010

17 May

Justice Kennedy has returned to foreign sources in his Eighth Amendment jurisprudence with today's decision in Graham v. Florida, striking down state statutes sentencing juveniles to life without parole for crimes other than homicide: [A]s petitioner contends and respondent does not contest, the United States is the only Nation that imposes life without parole sentences on juvenile nonhomicide offenders. We also...

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17 May

As the smear campaign against Richard Goldstone gets ever more desperate, it seems opportune to provide a bit more information about Israel's support for apartheid, to which Goldstone's pales in comparison.  Here is Sasha Polokow-Suransky again, this time responding to attacks on Goldstone by the Speaker of the Knesset and Israel's Deputy Foreign Minister: Goldstone's apartheid-era judicial rulings are undoubtedly a...

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16 May

I seriously doubt it, but Richard Sher, a former Department of Justice official in the Office of Special Investigations, thinks Goldstone's apartheid-era past justifies denying Goldstone a visa to the U.S. In a letter sent to US officials, Neal Sher, a former executive director of the American Israel Public Affairs Committee, said that recently disclosed information about Goldstone’s apartheid-era rulings raised...

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16 May

A good editorial, one that provides important context.  Here's a snippet: From the beginning, the case against Garzon has seemed to be motivated by political and personal vendettas, and the timing of these decisions is no exception. Early in the week, Garzon had asked Spanish authorities for a seven-month leave to work as a consultant to the International...

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16 May

Professor Schuck has graciously permitted me to post his response.  Here it is: I am grateful for the comments that have been posted about my op-ed, and believe that John correctly captures my position.  It is common for the law to permit finders of fact to draw inferences from conduct, including inferences that are contrary to the words used by the...

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16 May

Well, it's a good thing he already has another job lined up, although I agree with Kevin (!) that the ICC Prosecutor is making a mistake in bringing Garzon on board.  The AP reports: MADRID — The Spanish judge who became an international hero by going after Augusto Pinochet and Osama bin Laden was suspended Friday for allegedly abusing his authority...

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15 May

Ken has already flagged the editorial, in which Schuck -- a superb scholar who teaches at Yale -- argues that it would be constitutionally permissible to strip Faisal Shahzad's US citizenship because of his attempt to set off a car-bomb in Times Square.  I'm skeptical of Schuck's argument, so I thought I'd explain why.  Here are the key paragraphs: Revoking the...

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14 May

The International Law Association's 2010 Biennial Conference, “De Iure Humanitatis: Peace, Justice, and International Law” takes place August 15-20 in The Hague.  Early reduced-fee registration ends tomorrow, May 15. It looks to be a great program, hosted by the Dutch Branch of ILA, with some fun side events in and around The Hague.  (You may even see a couple of...

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14 May

As I've noted before, I am not an expert in the case law on revocation or renunciation of US citizenship, but I wanted to flag Professor Peter Schuck in the Wall Street Journal today arguing that it is indeed possible to revoke Faisal Shahzad's citizenship.  Behind the subscriber wall, here.  A bit from the middle of the piece: Revoking the citizenship...

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13 May

I was going to wait until the book -- entitled The Unspoken Alliance: Israel's Secret Relationship with Apartheid South Africa -- came out to mention it, but now seems like an opportune time.  You can pre-order the book from Amazon here, and here is the description: A revealing account of how Israel’s booming arms industry and apartheid South Africa’s international...

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