I'm not sure what to make of this argument by Messrs David Rivkin and Lee Casey in today's Wall Street Journal questioning the legality of the ICC Prosecutor's proposed arrest warrant for Sudan's president: The U.N. Security Council is not a judicial body, and any legitimate authority it may have to subject member states to the ICC -- or its own...
As Texas stays on track to execute Jose Medellin on August 5, it is worth shifting our attention back to Texas. I've always thought the ideal solution to the ICJ-Vienna Convention conundrum is for each individual state to independently comply with the ICJ's judgment. Although I think the ICJ's interpretation of the Vienna Convention is not entirely persuasive, I think...
The somewhat surprising answer from U.S. Attorney General Michael Mukasey is "Yes!", or at least an acknowledgement that "the Nation remains engaged in an armed conflict with al Qaeda, the Taliban, and associated organizations, who have already proclaimed themselves at war with us and who are dedicated to the slaughter of Americans--soldiers and civilians alike." This is one takeaway from...
It looks like Duncan's analysis of the potential problem in the Betancourt hostage rescure was on target. Bloomberg reports: A Colombia soldier wore a Red Cross emblem during the rescue of 15 hostages earlier this month, President Alvaro Uribe said. Uribe, who apologized for the use of the symbol, said the move wasn't sanctioned by the government and the soldier did it...
In a both metaphorical and literal last gasp effort, Mexico has won an "indication of provisional measures" from the International Court of Justice ordering that the United States (and Texas in particular) take all necessary measures to stop the pending executions of Mexican nationals. The United States of America shall take all measures necessary to ensure that Messrs. José Ernesto Medellín Rojas, César...
I appreciate Kevin's thoughtful and evenhanded assessment of the ICC Prosecutor's complex decision to seek the arrest of Sudan's president. There are indeed good arguments both for and against the ICC Prosecutor's move. I'm torn myself. I have articulated many times before my skepticism of the ICC's effectiveness in helping to end the violence or even to bring justice for Darfur....
I hadn't known about these cases, which I suppose were inevitable. If Iraqi farmer Suhail Najim Abdullah al-Shimari is telling the truth, he was repeatedly tortured at Abu Ghraib and other prisons near Baghdad for more than four years by U.S. military contractors paid with your tax dollars. With neither military nor civilian courts having yet to charge any private contractors...
The U.S. Court of Appeals for the Second Circuit has rejected an appeal by Maher Arar, a Canadian national who is suing various U.S. government officials for injuries suffered during his "extraordinary rendition" shortly after 9/11 (h/t to Vince Vitowsky). The court, via Judge Jose Cabranes, held that Arar had failed to state a claim under the Torture Victim...
This report suggests that this question will soon be considered by the awkwardly named Extraordinary Chambers in the Courts of Cambodia. The question arises in one of the ECCC's first cases where the defendant was allegedly given a royal pardon from an earlier domestic conviction for genocide. On the face of it, this doesn't seem a hard question...
As this WaPo article points out, the U.S. military base in Bagram, Afghanistan is likely to be the next source of litigation from detainees seeking to challenge their detention in U.S. courts. Of course, Boumediene doesn't make it clear that the writ extends to Guantanamo, but it does not rule out extending the Writ there either. That is part of...
This sounds complicated but important: The United States and the European Union are nearing completion of an agreement allowing law enforcement and security agencies to obtain private information — like credit card transactions, travel histories and Internet browsing habits — about people on the other side of the Atlantic Ocean. Most of the problems in reaching an agreement have been on the...
Well, two experts on the Darfur conflict in Sudan think so. More evidence for my argument with Kevin (and Angelina Jolie) about the downside of the ICC actions in Sudan. Is the International Criminal Court losing its way in Darfur? We fear it is. Chief prosecutor Luis Moreno-Ocampo's approach is fraught with risk -- for the victims of the atrocities...
