Author: Julian Ku

After a few days of selective leaking drafts of their report to major news outlets, the Special Rapporteurs of the U.N. Commission on Human Rights have finally released their report on the situation in Guantanamo Bay.As I suggested earlier, the report sounds impressive, but it doesn't add a whole lot to the existing debate. It provides no new facts or...

Germany's Constitutional Court has invalidated a law that would have permitted the German government to shoot down a hijacked plane if that plane was being used as a weapon endangering other people, like in the September 11 attacks. The Court found that the German law "infringed the right to life and human dignity" guaranteed by the German equivalent of a...

U.S. gold medalist Joey Cheek has announced he will donate all of his $25,000 award (from the U.S. Olympic Committee) to a foundation providing aid to children injured by the war in Darfur, Sudan. Cheek actually had a prepared statement, apparently drafted the night before his race. Talk about confidence! Still, his heart is obviously in the right place and...

Speaking of the semi-ridiculous U.N. Human Rights Commission, I somehow missed this statement last week from the U.S. criticizing the existing proposal to reform the Commission. Talk about an easy position to develop. The U.S. is holding out for a new Human Rights Council that will have human rights standards for nations sitting on the new council. That appears to...

Big surprise. The U.N. Human Rights Commission's special rapporteurs investigating Guantanamo Bay has concluded that the U.S. is violating international treaties on human rights and torture in its treatment of detainees in Guantanamo Bay. This Latimes summary is not quite clear for the basis of the special rapporteurs' conclusions, although it does note that the special rapporteurs have based their...

Although she is not exactly getting lots of press coverage, new ICJ President Rosalyn Higgins took the opportunity to lay out some her views about the role of the court in this interview. The ICJ is preparing for one of its most difficult hearings next month involving Bosnia's claim of genocide against Serbia and Montenegro. The case has been going...

According to this CNN account, the Somali pirates captured last month by the U.S. Navy are challenging the jurisdiction of the Kenyan court that is planning to try them. The U.S. apparently turned over the suspects to Kenya. The pirates were captured in international waters, but as I pointed out here, any nation should still have jurisdiction to try such...

This on-the-ground report from Sudan provides a brief but interesting glimpse at Sudan's effort to avoid transferring defendants to the International Criminal Court. Sudan has created special tribunals to try individuals of suspected war crimes. If its domestic processes are deemed sufficient by the ICC, then the ICC cannot exercise jurisdiction over alleged war crimes in Sudan. This has always...

The U.S. military may transfer custody of U.S. citizen "enemy combatant" to the Iraqi government, according to this AP article. The article suggests that it would be the first time that a U.S. citizen "enemy combatant" is transferred to Iraq, although it would not be the first time that a U.S. citizen enemy combatant has been transferred to a foreign...

According to the Washington Post, a WTO dispute settlement panel has found EU rules restricting the sale of genetically modified foods violates WTO rules (the actual report has not yet been released publicly but for more background, see here). The decision appears to be a victory for the U.S., Canada, Australia, and other agricultural nations that rely on GMO...