Though he admits that evidence that came from enhanced interrogation techniques was used to find Osama Bin Laden, outgoing Secretary of Defense and former CIA chief who oversaw the Bin Laden operation, Leon Panetta, has said that Bin Laden could have been found without resorting to torture. The German Defense Ministry has confirmed Germany will acquire armed drones. The number three leader of...
We know what is stake at in Libya's admissibility challenge regarding Saif Gaddafi: either a fair trial at the ICC that will likely result in a lengthy prison sentence or an unfair trial in Libya that will almost certainly result in execution. Libya has done nothing to disguise the unfairness of its national proceedings, but it has generally pretended to...
Last week, a Ceremonial Grand Council was held on Ihanktonwan homelands (located within the boundaries of the U.S. State of South Dakota) which concluded and negotiated the "International Treaty to Protect the Sacred from Tar Sands Projects". I can't find a specific list of participants, but news reports suggest signatories included representatives from an array of U.S native American Tribes...
Calls for Papers The American Branch of the International Law Association and the International Law Students Association (ILSA) have called for submissions for the International Law Weekend 2013 to be held in New York City on October 24-26. The overall theme is Internationalization of Law and Legal Practice, and its aim is to examine how and why an appreciation and knowledge of international law is...
In order for diplomatic missions to function, international law has long accorded diplomats and their families immunity from all local criminal laws. And when a major crime occurs involving a diplomat, there's often a lot of press attention on the case by virtue of the privileges and immunities (Ps&Is) involved. But Ps&Is aren't limited to allegations of rape or manslaughter, they...
Libya has filed a lengthy response to a series of Pre-Trial Chamber questions about the domestic proceedings against Saif. There is much of interest in the motion, but what particularly caught my eye is Libya's open admission that it has repeatedly interrogated Saif and confronted him with witnesses in the absence of defence counsel. Here are the relevant paragraphs (emphasis...
[Robert Howse is the Lloyd C. Nelson Professor of International Law at New York University School of Law.] Thanks to Kevin Heller for taking to Opinio Juris the discussion I started on Prawfsblawg about the future of American law schools. I agree with Kevin entirely that there are excellent institutions of legal education in other countries, including but not limited to the ones...
I've been catching up on the lastest filings regarding Libya's complementarity challenges, and I'll have a post tomorrow about some shocking admissions by Libya concerning its planned domestic prosecution of Saif Gaddafi. But I would be remiss if I didn't point out now that Libya is denying -- in writing, but apparently with a straight face -- that it paid...
Rob has an excellent post today at Prawfsblawg extolling the potential of American legal education. It is nice to see someone dissenting from the conventional doom and gloom, and Rob makes a number of valuable points. But I feel compelled to take issue with (1) his description of non-American legal education, and (2) his assessment of the potential for American...
This week on Opinio Juris, Julian kicked off on a lighter note with a Chinese cartoon on the maritime dispute between China and the Philippines. IHL and ICL lawyers were well catered for throughout the week, starting with a guest post by Michael W. Lewis, who discussed two more issues raised at the Boundaries of the Battlefield symposium: "elongated imminence" in response to an armed...
Syria protested to the UN about an Israeli air strike on its territory and warned of a possible "surprise" response. Two years later, Benghazi threatens “another revolution” in Libya. Iran is planning to speed up its research and work on developing nuclear fuel. Recent escalating violence in Darfur has caused more than 100,000 people to flee the area. British Prime Minister David Cameron has made...
Nothing in the Human Right's Council's report is particularly novel; it's long been obvious that both the settlements and the transfer of Israeli civilians into the Occupied Palestinian Territories are illegal. Nevertheless, it's worth noting the report's most important conclusions: 100. The facts brought to the attention of the Mission indicate that the State of Israel has had full control of...
