May 2012

The head of the IAEA, Yukiya Amono, has said that a deal with Iran is very close ahead of talks in Baghdad with the UK, the US, France, Russia, China and Germany. The junta that toppled the government six weeks ago in Guinea Bissau has reportedly handed back the government control to civilians. US President Barack Obama’s administration pushes for ratification of...

Evelyne Schmid, a lecturer in law at Bangor University in Wales, has taken it upon herself to convert the 2,499 page non-searchable PDF into a searchable (but, alas, still 2,499 pages) text file. She has made the file available here. We all owe her our thanks! ...

Readers will recall that I followed the progress of my book on the Nuremberg Military Tribunals on the blog, from proposal to finished project.  I received a great deal of positive feedback on those posts, as well as some very useful feedback on the project itself.  (Also a couple of complaints that I was just being narcissistic, but you can't...

[Laura Dickinson is the Oswald Symister Colclough Research Professor of Law at the George Washington University Law School in Washington DC.] This is the sixth day in our discussion of Professor Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Links to the related posts can be found below. Steve Vladeck's post focuses on the interesting question...

Iraq is buying US-made drones in order to carry out surveillance over their oil fields. After a suicide bomber kills 90 people in Yemen, al-Qaeda vows more attacks until the US-backed campaign against militants stops. The US is apparently weighing their stance on secrecy of the drone program employed to carry out targeted killings, according to the Wall Street Journal. Former dictator of...

So reports ABC News (and multiple other news outlets): The man who ran Libya's extensive spy network and was considered one of the closest confidants of ex-leader Moammar Gadhafi was indicted in Mauritania on Monday and transferred to a public jail, according to a justice official. Abdullah al-Senoussi, Libya's former head of intelligence, is wanted by the International Criminal Court, as well...

[David Sloss is the Professor of Law and Director of the Center for Global Law and Policy at Santa Clara Law School] In Samantar v. Yousuf (2010), the Supreme Court directed lower courts to apply common law rules to resolve immunity defenses raised by individual foreign government officers, except in cases where a treaty provides the controlling rule. The Court remanded...

[Laura Dickinson is the Oswald Symister Colclough Research Professor of Law at the George Washington University Law School in Washington DC.] This is the fifth day in our discussion of Professor Dickinson's book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Links to the related posts can be found below. In my previous posts, I have identified three mechanisms of accountability and constraint.  In this final post, I focus on a fourth such mechanism, one that is often ignored by legal scholars but one that might actually be the most important of all:  the role that organizational structure and institutional culture play in creating a context where public values are likely to be internalized within groups. To illustrate what I mean, consider one of the uniformed military lawyers I interviewed shortly after he returned from being embedded with a combat brigade.  This lawyer told me how important it is that “lawyers sit in the room” when combat decisions are made.   He emphasized that, “when there’s a military decision-making process in place, the lawyer should be there.  If you are involved, everyone can see the value added.  The staff and the commander see you as part of the team rather than a weenie lawyer.”  Another lawyer recounts, “My brigade commander was brilliant, and he expected alternative views … If an IED [improvised explosive device] went off, and we were going to respond, he wanted to know, ‘Is it a good shoot or a bad shoot? … [And if] I had concerns, he listened to me.” These and other interviews I conducted with uniformed military lawyers illustrate the critical role that these lawyers play on the battlefield in supporting an organizational structure and institutional culture that fosters respect for core public values.  The existence of accountability agents, such as uniformed military lawyers, is important.   So too is the fact that these lawyers are integrated with operational employees (they comingle with troops and serve on the commander’s staff), they are committed to the core values at stake, they are at least somewhat independent within their own culture (a lawyer who doesn’t see eye to eye with a commander can seek “top cover” by talking to the lawyer assigned to that commander’s commander), and they can recommend that a commander invoke the military justice system in cases of abuse. As I note in the book:

Sudan has freed four captured foreign workers, initially held for "spying" for South Sudan. AFP reports on gun battles between pro- and anti-Syrian groups in Beirut, triggering fears of spillovers of the Syrian conflict into Lebanon. A Voice of America blog post reports that the NATO's missile defense shield for Europe has entered "interim capability". The Associated Press has received footage from Israeli human rights...

Calls for Papers If you want to participate in panels on R2P and on intervention in Africa at next April's International Studies Association's conference, a call for papers is closing tomorrow. The Minerva Center for Human Rights at the Hebrew University of Jerusalem is organizing The 2nd Annual Minerva Jerusalem Conference on Transitional Justice entitled "Transitions In/To Democracy: Contemporary Chances and Challenges" on October...

This week on Opinio Juris, Chris Borgen posted about Peter Watts’ short story on the legal and ethical questions relating to the use of autonomous aerial combat drones; Julian Ku shared Cato Institute’s Walter Olson’s observations on the revolving door between the UN and the US legal academy; Kevin Heller gave an account of his PhD viva at Leiden; and...