March 2011

As of March 19, 220 academics have signed the letter.  (You can read the full list here.)  Well done, colleagues! Bruce Ackerman (Yale) and Yochai Benkler (Harvard) are circulating the following letter protesting the inhumane conditions of Bradley Manning's detention and asking for law professor support.  I have already signed, as have 103 other scholars.  I encourage our academic readers to...

Alas, I won't be at ASIL this year, and apologies to everyone, as I will miss seeing folks.  But I did want to flag particularly the meeting that Kevin mentioned in his post, taking place on March 23, co-sponsored by my law school, Washington College of Law and ASIL's Lieber Society, on emerging issues in the law of armed conflict.  It...

Now that it appears to have been resolved with the payment of "blood money" to the families of those killed by Davis, there may be some lessons here. First, the compensation element poses an interesting precedent.  Though presumably ex gratia and at least nominally made by Davis in his personal capacity, payment makes victims whole while avoiding the risk of politically...

Here it is: My thanks to all of our readers who provided me feedback on earlier covers.  Note that the dust jacket now provides a short description of Ben Shahn and the painting; particular thanks to readers who suggested the description!  I hope you can read the text on your screen....

I don't get to the East Coast of the U.S. very often these days, so I thought I'd mention that I will be in Boston and DC next week, in case any Opinio Juris readers want to meet up.  I will be giving a lecture on the Karadzic trial (with a bit of discussion afterward about the ICC and Libya)...

There has been a good deal of discussion both here between Kevin Heller and Cully Stimson and over at Lawfare by Jack Goldsmith, Gabor Rona and John Bellinger on the impact of the Administration's declaration on Additional Protocol I and it's possible effect on hearsay admissions in military commission hearings. While I agree with Jack and Kevin that it should not...

This from Gianluca Parolin in EUI's excellent EU Democracy Observatory on Citizenship on proposed changes to Egypt's constitution regarding presidential eligibility: The current text (albeit suspended) requires the candidate to be an Egyptian citizen born of Egyptian parents.  The proposed text further requires the candidate and his (sic!) parents never to have acquired a foreign citizenship (thereby excluding...

I am in transit and can’t comment on this now, but Ian Ayres offers this post via Freakonomics blog and Balkinization on war-time bribes to officers on the other side to switch sides or not fight.  Thoughts?  (Update:  I hope these links work now to the original articles.) I have a mildly technical and pedagogical question ... in what sense are these bribes “Coasean?”  If you wanted to use this as an example for a 1L class on law and economics, how would you explain this clearly and non-technically as being “Coasean”?  How might you formulate this as a final exam question for 1L Law and Economics.  No, I’m not going to use a question formulated on a blog post on the actual exam, but maybe as a sample question on how Coasean reasoning can be applied to things that 1Ls might not have imagined.  So I have this nagging pedagogical question — in what sense are these bribes “Coasean” — and that being so, what assumptions are being made about the nature of the bargaining situation to make it consistent with the three standard assumptions about Coase bargaining?
Kristof had previously suggested that the U.S. should assure safe passage for Libyan defectors. But the officer’s story reminded me of an alternative, more economic, incentive deployed in Iraq, where the U.S. offered defecting officers cash to lay down their arms. As reported by Fred Kaplan inSlate in 2003: A fascinating piece in the May 19 Defense News quotes Gen.Tommy Franks, chief of U.S. Central Command, confirming what had until now been mere rumors picked up by dubious Arab media outlets—that, before Gulf War II began, U.S. special forces had gone in and bribed Iraqi generals not to fight. “I had letters from Iraqi generals saying, ‘I now work for you,’ ” Franks told Defense News reporter Vago Muradian in a May 10 interview. The article quotes a “senior official” as adding, “What is the effect you want? How much does a cruise missile cost? Between one and 2.5 million dollars. Well, a bribe is a PGM [precision-guided munition]—it achieves the aim, but it’s bloodless and there’s zero collateral damage.” A “Smart Bribe” can be a lot cheaper than a “Smart Bomb.” Gideon Parchomovsky and Peter Siegelman (friends and coauthors) have published a fascinating article detailing the pros and cons of bribing enemy combatants to switch sides.
Ayres includes a chart from the Parchomovsky and Siegelman article that walks historically through instances of such bribes in wars in the past and the results; I’ll stick it below the fold, but you can get a more readable view at Ayres’ original post.

With all the attention being paid to the situations in Libya and Kenya, the situation in Darfur has receded into the background.  (Par for the course, unfortunately, with Darfur.)  So it's worth noting that the ICC's Pre-Trial Chamber I has confirmed charges against two Darfuri rebels alleged to have orchestrated a September 2007 attack that killed 12 African Union peacekeepers: On...