My thanks to Marty and Steve for their fascinating and insightful posts (here and here) on the NDAA. I have many thoughts about the Act, but I want to focus here on the idea that U.S. courts can and should analogize to detention in international armed conflict in order to determine what it means for a person to have “substantially...
By Marty Lederman and Steve Vladeck* Section 1021 of the NDAA and the Laws of War In our companion post, we explained that section 1021 of the NDAA will not have the dramatic effects that many critics have predicted--in particular, that it will not affect the unresolved question of whether the 2001 Authorization for Use of Military Force (AUMF) would authorize a...
By Marty Lederman and Steve Vladeck* Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in the National Defense Authorization Act, which the President has just signed into law. One of the major disputes concerns whether and how the NDAA might alter the status quo. In this post, we'll...
The President signed the NDAA today, and issued the following signing statement. Steve Vladeck and I will shortly post on the details of the bill -- what's bad about it; how it has been widely misconstrued to be much worse than it is, in fact; and how in at least one important respect it marks an important resolution of an...
In case the government's actions haven't yet convinced you of the fundamental unfairness of the commissions (such as making up war crimes), perhaps its decision to treat the attorney-client privilege as optional will do the trick: The new commander of the Guantanamo Bay prison wants a team of government and law enforcement officials to be allowed to review all ...
"He looked up again at the portrait of Big Brother. The colossus that bestrode the world! The rock against which the hordes of Asia dashed themselves in vain! ...
Our friends at Cambridge University have asked me to bring the following journal to readers' attention, which has been established by James Crawford: Cambridge Journal of International & Comparative Law is a newly established double-blind peer reviewed, open-access journal which aims to publish high-end legal scholarship. It has a broad focus on international and comparative law and a particular focus on...
Foreign Policy has just published its rankings of the top 100 Global Thinkers for 2011. As expected, there were the typical assortment of statesmen, economists and activists. But what really stood out was the continued dominance of old media in the shaping of foreign policy. We may be prone to think of 2011 as the year of...
France has turned down the ICTY's request that it detain and turn over a former ICTY spokeswoman who has been sentenced to a week in prison for contempt of that court. PARIS — France refused Monday to carry out an arrest mandate from the Yugoslav war crimes tribunal against a French journalist convicted of contempt for revealing confidential information about the...
Big things are afoot in Europe, especially as the United Kingdom inches further and further away from European institutions. The U.K.'s refusal to join the recent fiscal reform plan has gotten all the headlines, but I hadn't realized that the U.K. is also embroiled in an ongoing battle of wills with the European Court of Human Rights over that Court's order...
The OTP is seeking an arrest warrant for Abdelrahim Mohamed Hussein, the Sudanese Defence Minister, in connection with a number of attacks on civilians in Darfur between August 2003 and March 2004. The request alleges that Hussein is responsible for war crimes and crimes against humanity committed during the attacks, but does not include a genocide charge. According to Bill...
I am doubtful the ICJ will be able to ultimately settle this ongoing border dispute, but both countries seem to be relying on the ICJ to resolve this matter. Nicaragua filed an action Wednesday against Costa Rica, alleging: In its Application, Nicaragua claims inter alia that “Costa Rica’s unilateral actions . . . threaten to destroy the San Juan de Nicaragua...
