An important update from NBC News: U.S. military officials tell NBC News that investigators have been unable to make any direct connection between a jailed army private suspected with leaking secret documents and Julian Assange, founder of the whistleblowing website WikiLeaks. The officials say that while investigators have determined that Manning had allegedly unlawfully downloaded tens of thousands...
Pirates are non-state actors who cause serious international problems that are sometimes beyond the reach or interest of most governments. Mercenaries are non-state actors who can combat pirates without implicating the political and legal problems faced by regular armed forces. And so, it is not surprising, or unwelcome, to hear that mercenaries are getting involved in Somalia. WASHINGTON — Erik...
According to the Washington Post, Covington and Burling has filed with the Department of Justice to represent Alassane Ouattara, the recognized winner of the presidential election in Cote d'Ivoire. Why would a U.S. law firm be representing (pro bono no less!) a foreign politician? According to Covington's international policy advisor, Alan Larson, the purpose was to make sure that ousted...
Actually, I am not quite sure, since all I have is this report on the recent decision of the Supreme Judicial Circuit of Massachusetts holding that the Vienna Convention on Consular Relations gives foreign nationals legal rights to the notification of their consular officials if they are arrested by Massachusetts authorities: Massachusetts, Cordy wrote, will take steps now to bring the...
The New York Times has the story today: Defense Secretary Robert M. Gates is expected to soon lift an order blocking the initiation of new cases against detainees, which he imposed on the day of President Obama’s inauguration. That would clear the way for tribunal officials, for the first time under the Obama administration, to initiate new charges ...
The U.N. is an amorphous, complex organization with many autonomous parts, as commenters on my post below have noted. This means that when one autonomous part of the U.N. does something stupid or bad, it is not always fair to attribute that to the organization as a whole, or the Secretariat. On the other hand, part of what gives the...
OK, that's not quite it, but still this story (weeks old I know) is somewhat surprising. UNITED NATIONS — The U.N. peacekeeping mission in Sudan last week flew a man indicted for war crimes by the International Criminal Court to a peace meeting in the flashpoint Abyei region, U.N. officials said on Tuesday. The mission, known as UNMIS, transported Ahmed Haroun, a Sudanese...
Oklahoma's controversial constitutional amendment banning Oklahoma courts from relying on Islamic and international law has inspired as similar effort in Wyoming. I think this whole effort is largely harmless, if misguided. Still, an interesting trend in the U.S. CASPER, Wyo. — Wyoming judges wouldn't be allowed to consider Islamic law or international law when making rulings, under a proposed state constitutional...
I am sympathetic to the concern, expressed in this short article, about the threat that international agreements pose to state laws. The American states, as I've argued here and here, need more autonomy in foreign affairs and in their interaction with international law, not less. But I think free trade agreements like NAFTA are generally the least intrusive of those...
I realize that discussing the international law aspects of the Israeli-Palestinian dispute is not exactly a new and fresh topic likely to inspire thoughtful and reasonable thinking, and yet I was struck by the aggressive tone of this NYT editorial from a representative of the Palestinian Authority. It is universally recognized that Israeli settlements are illegal under international law, and that...
I, too, sing America. I am the darker brother. They send me to eat in the kitchen When company comes, But I laugh, And eat well, And grow strong. Tomorrow, I'll be at the table When company comes. Nobody'll dare Say to me, "Eat in the kitchen," Then. Besides, They'll see how beautiful I am And be ashamed-- I, too, am America. ~Langston Hughes (1925) Langston Hughes wrote this just one generation before Martin Luther King. One...
Oxford University Press has asked me to post the following announcement: Law Yearbooks from Oxford – Free Online Access until February 28th Since the start of January 2011 the law yearbooks from Oxford University Press, previously available only in print, have become available online as well. This includes all volumes since 1996 but not the most recent ones which only published in...
