At least the war criminal lost: The basic facts are undisputed: on 15 April 2004 Ilario Pantano, then a second lieutenant with the US marines, stopped and detained two Iraqi men in a car near Falluja. The Iraqis were unarmed and the car found to be empty of weapons. Pantano ordered the two men to search the car...
Yesterday voters in Oklahoma voted overwhelmingly (70% in favor to 30% against) to ban the use of international law and Sharia law in state courts. It appears that the referendum will be headed to the courts for review, for as my colleague Michael Helfand has noted, the ban on Sharia law may well be unconstitutional under the First Amendment. The...
What does the change of power in the U.S. Congress (at least in the House) mean for U.S. attitudes toward international law and foreign policy? Not much, I think, since I think foreign policy is one of the few areas where we can imagine the new more conservative Republicans and President Obama working together better than he did with progressive...
I have bumped Dave's comment to the main page, because it's worth a read -- and not just because it supports my claim that Khadr will serve no more than two years in a Canadian prison...
One of the most significant questions under GATT Article XX is whether States can violate WTO rules in order to protect against foreign harms. It is an issue that has plagued the GATT/WTO for almost twenty years, most famously in the Tuna-Dolphin and US--Shrimp cases. If, for example, Article XX(b) allows departures from WTO rules "to protect human,...
This according to AP: The sentence was handed down Sunday under a plea bargain in which the young Canadian admitted to five war crimes charges, including killing a U.S. soldier in Afghanistan. Under the deal, the judge was limited to the eight-year sentence and had to ignore the recommendation of a military jury that Khadr serve 40...
