Recent Posts

I had an interesting -- and respectful -- disagreement with André de Hoogh last week concerning the right of non-states parties to retroactively accept the jurisdiction of the Court pursuant to Article 12(3) of the Rome Statute.  I argued in my post that Palestine could accept the Court's jurisdiction retroactive to whenever it became a state under international law.  Andre challenged...

As loathe as I am to call any attention to Eric Posner’s latest over on Slate, his piece engaging the Jeh Johnson speech (about the notion that the Al Qaeda that attacked us on 9/11 might someday be defeated) is such a blast from the past it’s hard to resist. Turns out the President has really been detaining everyone under...

Following the EU's example yesterday, the US has recognized Syria's opposition as the legitimate representative of the Syrian people and many more world powers are poised to do the same at the “Friends of the Syrian People” conference opens today in Morocco. Human Rights Watch has a report of the Syrian government using incendiary bombs on at least four occasions since mid-November in...

It's that time of year when things get really busy in the law school environment (not to mention the pre-holiday press of government service, firm work, etc.).  So, for those of you looking for a momentary break from the memo-drafting, exam-writing, grading, article research, whirlwind of holiday events, etc., I submit to you -- Jimmy Fallon on treaties.  The routine...

The WTO General Council yesterday approved Tajikistan's accession package, opening the way for membership 30 days after ratification of the package by Tajikistan. The ACLU will file a petition this morning with the Inter-American Human Rights Commission over the treatment of Jose Padilla by the US government since his designation as 'enemy combatant' in 2001. Mali's Prime Minister resigned after the military arrested him for not...

Today is International Human Rights Day;  64 years ago, the UN Declaration of Human Rights was signed. The Empire State Building in New York will be illuminated in blue today to honor the work of Human Rights Watch. Also today, and with the end of the year fast approaching, Amnesty International has released its year in human rights for 2012. The 18th...

In case you missed it, the past week saw the announcements that both Pentagon General Counsel Jeh Johnson and State Department Legal Adviser Harold Koh would be stepping down from the Obama Administration at the end of the year. Johnson reports he’ll be returning to the private sector; Koh will head back to his professorship at Yale Law School. ...

Upcoming Events The American Society of International Law's Domestic Courts Interest Group is hosting its annual workshop December 10, 2012, at Duke University School of Law. More information can be found here. On December 18, at 5:30pm, the Center on the United States and Europe at Brookings will host the 9th Annual Raymond Aron Lecture, a talk on “The Internationalization of Law” by Collège de...

According to Enough!, the OTP is investigating the actions of M23 and "other parties" in the DRC: In the aftermath of the March 23 Movement, or M23, seizure of Goma, the International Criminal Court, or ICC,Chief Prosecutor Fatoua Bensouda announced that her office is investigating "allegations of ICC crimes by members and leaders of M23, and by other parties taking advantage of the chaos...

In response to Julian Ku's post here on the potential legal justifications for the U.S. to use force against Syria in the event Assad turns to chemical weapons, Daniel Bethlehem sent along the following. Daniel Bethlehem practices in London and served as Principal Legal Advisor to the UK Foreign and Commonwealth Office from 2006-2011. Julian Ku suggests that "[a]ssuming no...