Recent Posts

The deadline for submitting your proposal has arrived! A reminder that June 14 is the last day you can submit a proposal for the Mid-Year Research forum to be held in NYC from November 1-3 this year.   This conference features works-in-progress by society members - it is a terrific way to workshop your research projects.   Here is the call for...

The tendency in the United States is to think about cyberthreats exclusively in terms of US interests (a tendency I've certainly followed on more than one occasion).  Hence, the extended attention to questions of whether and how Congress should regulate cybersecurity.  But, of course, cyberspace -- and cyberthreats -- are global.  Every nation is now faced with developing a strategy...

In an interview with the South China Morning Post, Edward Snowden has revealed that the US has engaged in hacking activities against Hong Kong and China. In a report released yesterday to mark World Day Against Child Labor, the ILO estimated that around 10 million children worldwide are working in domestic labour. Turkey's crackdown in Taksim Square may not be without consequences...

[James G. Stewart is an Assistant Professor at the University of British Columbia. He is also presently a Global Hauser Fellow at New York University School of Law.] Last week, Kevin Heller posted an insightful and provocative defense of the “specific direction” standard for aiding and abetting the ICTY has newly announced in the Perišić and Stanišić cases. Although I believe that his arguments fall well short of justifying the conclusion he endorses, his argument intelligently brings together many of the intuitions that seem to have shaped this new definition of complicity. It is also a credit to Kevin that he agreed to post my earlier two-part criticism of this novel definition of complicity here and here despite harboring contrary intuitions, and that he generously welcomed this further response now. All of this out of an obvious commitment to even-handedness and frank debate. But with praise for my friend aside, let me move to criticize aspects of his argument that I believe defend the indefensible.  

At the outset, I am concerned by the structure of Kevin’s reasoning. Kevin (and apparently the ICTY judges he supports) seem to reason inductively, taking the putative innocence of weapons transfers by American and British governments to Syrian rebels as a point of departure. Although I’m sure Kevin just means to use a well-known contemporary example to illustrate his concerns, the optics are bad for him and the ICTY—by backing into this issue with the a priori assumption that American and British practices are necessarily beyond reproach, the reasoning risks substantiating views (so common now among African leaders and TWAIL scholars) that the discipline is structurally biased. To preserve the impartiality and therefore legitimacy of international criminal law, surely we should start with a morally defensible concept of complicity, then let responsibility attach where it may. Otherwise, the new “specifically directed” test speaks to darker problems that infect the entire system.

The NSA may be collecting data on Americans in the United States. What about Americans abroad? "Foreign intelligence" is a term threaded through the surveillance debate, with a general understanding that collecting that kind of information is okay. The term is defined in a territorial sense, in the sense of intelligence originating outside of the United States. Under the FISA Amendments...

The Pre-Trial Chamber I has rejected Laurent Gbagbo's challenge to the admissibility of the case against him, due to insufficient evidence that he is being actively prosecuted in Côte d'Ivoire.  EU officials have sent a "please explain" to the US over the private information of European citizens collected under the PRISM program. Meanwhile, Google, Facebook and Microsoft have asked the US government...

Network from Michael Rigley on Vimeo. Via Boing Boing a very good short animation discussing data mining. This isn't focused on the NSA program that is currently the source of discussion and dispute but the broader issue of how both companies and governments are able to retain, purchase, and analyze massive amounts of data. For a deeper dive into data mining, I highly recommend...

I’ve spent the last days at the University of Leiden in the Netherlands attending a terrific conference on privileges and immunities of IOs.   (In addition to Leiden’s history of excellence in international law, there were some wonderful revelations at the conference about the university’s history -- like the fact that Albert Einstein taught there). The discussions shed light on the complex...

The United States may decide early this week to provide armed assistance to Syrian rebels. Israel's PM Netanyahu has made clear that Israel refuses to get involved in this discussion. Turkish riot police have moved into Taksim Square to remove anti-government protesters. A Kenyan court has imposed prison sentences of five years on nine Somali nationals accused of piracy in the Gulf...

[Michael W. Lewis is a Professor of Law at Ohio Northern University where he teaches International Law and the Law of War.]  Something interesting and I believe significant, happened on Saturday.  The Pakistani Foreign Ministry summoned the US Charge d’Affaires and formally protested the continuance of drone strikes on Pakistani territory. Pakistan protests drone strike; US CdA summoned (2013-06-08) On the Prime Minister’s instructions, the...

There has been a rightful flurry of media interest in the saga of Edward Snowden, the U.S. government contractor who is the apparent source of the leaks about the U.S. National Security Program's data mining surveillance program.  One area of focus is Snowden's decision to take refuge in Hong Kong from a possible prosecution by the U.S. government. As I noted...