Something I learned about while I was in China is that China claims, as a matter of international law, that it has "indisputable sovereignty" over most of the (oil-rich) South China Sea. This graphic illustrates the scope of China's sovereignty claims. China hasn't had a navy that could enforce this claim, until now. So Vietnam and the Philippines have been...
Peter Margulies (Roger Williams) responded to my blogging about criminal membership and al-Bahlul at Lawfare. I wrote a response, which Lawfare's Bobby Chesney was kind enough to post for me. Instead of reposting the lengthy exchange here, interested readers should check out the posts at Lawfare. You can find Peter's original post here, and my response here. Feel free to...
I believe I’ve now read most of the leading reviews of Cheney’s memoirs, though I am only partway through In My Time. (Lawfare’s Rafaella Wakeman provides a helpful roundup of the reviews.) Of the reviews, though appearing after Rafaella's roundup (so not included there), Victor Davis Hanson’s is the most interesting and worth reading (it is posted over at the Hoover Institution’s...
Next month, the University of Maryland School of Law will host a festshcrift honoring Professor Hungdah Chiu. Professor Chiu was a professor at U. Maryland and a well-known scholar of international law. He also was one of the first, and still one of the most important, scholars on the study of Chinese law (including both China and Taiwan) in the...
Like Julian, I can't find the text of a "report" per se, but I did find this on the Human Rights Council's website: GENEVA (13 September 2011) – Commenting on the report of the Panel of Inquiry on the flotilla incident of 31 May (Palmer Report), released this month, a group of United Nations independent experts* criticized its...
Ah, the U.N., such a complicated organization that almost never speaks with one voice. Hence, while the panel appointed by the Secretary-General found the Israeli blockade of Gaza legal, the panel appointed by the Human Rights Council has found the opposite. GENEVA (Reuters) - Israel's naval blockade of the Gaza Strip violates international law, a panel of human rights experts reporting to...
Ruling in a Freedom of Information Act case brought by the American Civil Liberties Union, Judge Rosemary Collyer said records about the use of drones could be withheld under the rubric of “intelligence sources and methods.” She rejected the ACLU’s arguments that lethal drones aren’t really involved in acquiring intelligence. “At first blush, there is force to Plaintiffs’ argument that a ‘targeted-killing program is not an intelligence program’ in the most strict and traditional sense,” Collyer wrote, before concluding: “The Court has no reason to second-guess the CIA as to which programs that may or may not be of interest implicate the gathering of intelligence.”Gerstein goes on to note that this ruling does not address other agencies of the government, such as State, which do not have these specific exemptions related to intelligence; without having done an exhaustive survey of FOIA cases, however, I would be surprised if something that the CIA could withhold on intelligence exemptions could be got sideways from other federal agencies. Perhaps I'm wrong.
Well, the Center for Constitutional Rights certainly thinks so Human rights lawyers and victims of clergy sexual abuse filed a complaint on Tuesday urging the International Criminal Court in The Hague to investigate and prosecute Pope Benedict XVI and three top Vatican officials for crimes against humanity for what they described as abetting and covering up the rape and sexual assault...
I will delay any detailed response to Kevin’s typically insightful posts about the CMCR’s recent decision, particularly its conclusion of a “substantial showing” that conspiracy to violate the laws of war is “an offense against the law of armed conflict.” For now, I will note that I have some similar concerns to those Kevin expressed (e.g. on the relationship or...
Apparently, Sen. Tom Coburn of Oklahoma is blocking the nomination of Dean Janet Levit, of University of Tulsa Law School, to the U.S. Court of Appeals for the Tenth Circuit. The Daily Oklahoman reports: Oklahoma City attorney Mike Turpen, a longtime Democratic Party fundraiser with ties to the White House, said Coburn told him in July that Levit was not going to receive his...
As I noted in my previous post, the CMCR's opinion in al-Bahlul repeatedly cites the Nuremberg-era crime of criminal membership in defense of its belief that material support for terrorism and conspiracy qualify as war crimes. I continue to believe that the best counter-arguments to that idea are (1) that criminal membership was not a war crime at Nuremberg (the...
Our esteemed guest blogger Michael Scharf and my Washington College of Law colleague Paul Williams brought out a very interesting volume from Cambridge UP last year, Shaping Foreign Policy in Times of Crisis: The Role of International Law and the State Department Legal Adviser. Over at Lawfare, Jennifer Daskal, friend to many of us from her days at Human Rights...
