In association with the International Commission of Jurists

Recent Posts

24 Aug

Last week I posted about the challenges to and importance of judicial review of war measures against U.S. citizens.  This post will use the bin Laden killing to explore the issue in the context of targeting --- hopefully in manner accessible to the average reader.  After reviewing issues likely preventing prior judicial adjudication or review of a potentially lethal (“kill...

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24 Aug

Expect to hear more of this in the next few days from the anti-Obama progressive left. NATO commanders who authorized the Libya bombing campaign should be “held accountable” to international law and hauled before the world court for civilian deaths, Rep. Dennis Kucinich (D-Ohio) said Tuesday. “NATO’s top commanders may have acted under color of international law, but they are not exempt...

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23 Aug

Let's assume that the Libyan rebels do prevail and that they end up capturing Libyan dictator Muammar Gaddafi.  Does the new Libyan government have a legal obligation to turn him over to the ICC, even if they seek to try him in Libyan courts? Libya is not a member of the ICC Rome Statute, so its only obligation flows from the...

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23 Aug

Reacting to the still-imminent fall of the Gaddafi regime in Libya, U.S. presidential candidate (and likely future president if you believe these polls) Mitt Romney has called for the extradition of the mastermind of Lockerbie bombing, Abdelbaset Mohmed Ali al-Megrahi, to the United States.  The demand raises an interesting dilemma.  Megrahi was tried and convicted in a special Scottish tribunal set...

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23 Aug

Time has an interesting article up about Saif's reappearance in Tripoli.  The whole thing is well worth a read, but I was struck by these paragraphs about the ICC: The rebels were not the only ones whose credibility was in doubt on Tuesday. So too was that of the International Criminal Court (ICC) in The Hague, which has indicted...

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23 Aug

Professor Sam Estreicher of NYU has an interesting and provocative new take on the "so-called proportionality principle" in the law of armed conflict that was recently published by the Chicago Journal of International Law. The focus of this article is on the so-called principle of “proportionality,” which regulates the conduct of warfare in an effort to limit harm to civilians during...

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23 Aug

So says Saif Gaddafi, who apparently has not been captured by the rebels after all: Muammar Gaddafi's once powerful son, Saif al-Islam, made a defiant appearance in Tripoli last night to disprove the revolutionaries' claim to have arrested him and to proclaim ultimate victory. Saif al-Islam, 39, arrived in an armoured vehicle waving two fingers in a victory sign...

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22 Aug

While the world waits to learn the fate of embattled Libyan leader Muammar Gaddafi, the trial of another former Mid East Leader, President Hosni Mubarak of Egypt, is currently underway.  In terms of international interest, Mubarak may be no Gaddafi.  But since the Mubarak trial concerns the former President of a strategicly important country charged with ordering the killing of unarmed protesters challenging his rule, it has...

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21 Aug

DARPA will be making a grant award this fall to some organization to address interstellar space flight: In what is perhaps the ultimate startup opportunity, Darpa, the Defense Advanced Research Projects Agency, plans to award some lucky, ambitious and star-struck organization roughly $500,000 in seed money to begin studying what it would take — organizationally, technically, sociologically and ethically — to send...

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21 Aug

CNN is reporting that Libyan rebels have arrested Saif Gaddafi, Muammar's second-eldest son long thought to be his most likely successor. Saif is one of the three suspects for whom the ICC has issued arrest warrants; the allegations include persecution and murder as crimes against humanity.  And it appears that the OTP is already in negotiations with the rebels to...

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21 Aug

Our friends at the Cornell International Law Journal have asked me to post the following call for papers.  The conference looks great; I'm disappointed that it starts the last day of my summer teaching obligations. The Cornell International Law Journal is pleased to announce its 2012 symposium, Forces Without Borders: Non-State Actors in a Changing Middle East, February 17th–18th, 2012 at...

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21 Aug

David Bosco has an essay at Foreign Policy arguing that the current financial and security crises, rather than weakening international intitutions, are strengthening them.  In short, there are so few options, that leaders are turning to international organizations and relying on them. But there may also be a more fundamental shift that is occurring in international economic policymaking: ...

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