OK, that's not exactly the title of this piece at Huffington Post, but the observations from Gary Arndt about Americans and the World sound true to me. Arndt has been traveling around the world since 2007, for no particular reason (see his travel blog here and yes, I'm very jealous of his life). Here are some my favorites from his...
In the interests of being fair and balanced (as always!), I thought I would post on this good response by David Bosco to Jeremy Rabkin's recent essay on the International Criminal Court in The Weekly Standard (which I discussed here). Although I am not totally convinced by it, I think Bosco offers the best possible defense of the ICC that would...
[caption id="attachment_13148" align="alignright" width="150" caption=" "][/caption] The WSJ has an article on the U.S. Defense Department's push for a criminal prosecution of Wikileaks for releasing U.S. government documents on the Afghanistan war. Several officials said the Defense and Justice departments were now exploring legal options for prosecuting Mr. Assange and others involved on grounds they encouraged the theft of government property. Bringing a case...
I have been negligent in failing to post on two excellent assessments of the recent ICC Review Conference in Kampala and its ultimate decision on aggression. Both assessments (one by Heritage's Brett Schaefer and the other by George Mason's Jeremy Rabkin) give the Obama Administration some credit for limiting the damage to U.S. interests at Kampala. But both ultimately conclude...
In the first U.S. court opinion on piracy since 1820, a U.S. judge in Norfolk, Virginia has dismissed piracy charges against Somali defendants in United States v. Said. The Court held that attempted piracy is not piracy for the purposes of U.S. criminal law. (h/t Eugene Volokh). As I mentioned in an earlier post, the relevant U.S. statute criminalizing piracy leaves...
The WSJ has a nice discussion of the tricky legal arguments in the upcoming trial of alleged pirates in U.S. federal court. Apparently, the prosecutors and defense attorneys are battling over the fact that U.S. statutes criminalizing piracy leave the definition to "the law of nations". Now the court in Norfolk must contend with the defense motion to dismiss the piracy...
[caption id="attachment_13091" align="alignright" width="144" caption="State Seal of South Korea"][/caption] Just in time for the 100th anniversary of the Korea-Japan Annexation treaty, a Korean scholar has new evidence that the treaty was never properly ratified by the Korean king. Hence, according to the scholar, the 1910 annexation treaty was never legal and Japan's annexation of Korea was illegal (or at least not authorized...
Is this for real? . A Phillippines newspaper is accusing a sitting Philippines Supreme Court justice with plagiarizing articles published in law reviews on matters of international law when he authored a key opinion for the court on reparations for comfort women. The articles supposedly plagiarized include this one by Evan Criddle and Evan Fox-Descent in the Yale Journal of...
The U.S. Court of Appeals for the Eleventh Circuit upheld this week the conviction of "Chuckie Taylor" for violating the U.S. Anti-Torture Act, which implements U.S. obligations under the Convention Against Torture. Taylor is the son of former Liberian President Charles Taylor, currently on trial himself in the Sierra Leone Special Court. The opinion is a good and important one...
Yes, says Daniel Hannan, a journalist and British MEP. At least under those famous Montevideo factors, now that the E.U. has recently acquired the capacity to sign treaties. I don't know if things are quite so easy. For one thing, the E.U. does not itself necessarily consider itself a state, and it is not exactly clear if other states recognize the...
I agree that the relatively slow progress in U.S. treaty-making is not all the fault of the sluggish Obama Administration. The Senate no doubt is a big obstacle to treaty-making, . Still, I think the idea that the U.S. should join treaties, simply in order to show the world that we are willing to join treaties, is a really bad...
The showdown between the ICC and its prosecutor Moreno-Ocampo over the trial of Thomas Lubanga Dyilo continues, as the Court ordered Lubanga's release. I assume Moreno-Ocampo will appeal (he has five days), but if his appeal is rejected, this could turn out to be a huge embarrassment for the prosecutor. In any event, it is certainly messy. Judges at the International Criminal...
