Over the course of the next few days we are pleased to have Ingrid Wuerth discuss her article on Foreign Officials Immunity Determinations in U.S. Courts: The Case Against the State Department. Her article was recently published in the Virginia Journal of International Law. She argues that the text and structure of the Constitution, functional and historical...
Cross posted at Balkinization Big news in the past day is the Obama administration’s announcement that a Somali national captured by the U.S. military somewhere in the Gulf has been transferred to New York for federal prosecution on terrorism-related charges. According to the Justice Department (DOJ), the man, Warsame, was “questioned for intelligence purposes for more than two months” after his...
I'm under the pump because of a deadline, but I wanted to call readers' attention to a short editorial at OpenDemocracy.net written by Victor Kattan about the PLO/PA's intention to ask the UN General Assembly to recognize Palestinian statehood in September. Victor discusses a variety of interesting diplomatic and legal aspects of that intention, including the possibility that the PLO/PA...
Last week Julian Ku and I had the pleasure of working with Business Roundtable and a wonderful group of international law scholars--Rudolf Dolzer, Burkhard Hess, Herbert Kronke, Davis Robinson, Christoph Schreuer, and Janet Walker--on a Second Circuit amicus brief addressing the propriety of antisuit injunctions under international law. The amicus brief addresses an appeal of Judge Kaplan of the...
QS World University Rankings has released its list of the world's top law schools. Here are the top 30: 1. Harvard 2. Oxford 3. Cambridge 4. Yale 5. Stanford 6. Berkeley 7. Columbia 8. London School of Economics 9. Melbourne 10. NYU 11. Sydney 12. McGill 13. Toronto 14. Chicago 15. Australia National University 16. UCLA 17. Michigan 18. Auckland 19. Victoria University Wellington 20. Monash 21. King's College London 22. University College London 23. University of British Columbia 24. National University Singapore 25. University...
Ben Wittes, long an advocate for clearer domestic legislation authorizing U.S. detention operations, writes to ask whether my recent post favoring the Senate’s over the House’s version of pending legislation signals a shift in my position opposing new such legislation. The short answer is no. Here’s why. I’d praised the Senate’s draft of force authorization language as follows: “Where...
Humberto Leal is scheduled for execution in Texas on July 7th. A Mexican national, Leal was not notified of his right to consular assistance under the Vienna Convention of Consular Relations. In light of the International Court of Justice's decision in the Avena case (Mexico v. U.S.), Congress is currently working on legislation to bring the U.S. into compliance with its international...
The past week has seen various developments in Congress’ efforts to consider legislation regulating the detention of ‘unprivileged enemy belligerents’ at Guantanamo and beyond. Most notable, the Senate finally released the language of its version of the defense authorization bill, and it includes a number of provisions that parallel those passed by the House of Representatives back in May....
So now we have the Administration's full-dress treatment of its take on "hostilities" under the War Powers Resolution, with Harold Koh's testimony yesterday before the Senate Foreign Relations Committee. I think it sets out a good case, well worth a close read. I actually think it's good enough that it might have carried the day. Congress after all has acquiesced to...
Just a quick note for folks following the Congressional wrangling over U.S. military activity in Libya and the War Powers Resolution: later this morning, Opinio Juris' own Peter Spiro will be testifying before the Senate Foreign Relations Committee. U.S. State Department Legal Adviser Harold Koh is also set to testify and, presumably, defend the Administration's position. Louis Fisher of the...
I am delighted to announce the publication of my book "The Nuremberg Military Tribunals and the Origins of International Criminal Law." The book can be ordered from Oxford University Press here; Amazon should have it (at a whopping $8.78 discount) in the next few days. Here for the last time is the cover: Once again, I want to thank...
Earlier today, the U.S. Court of Military Commission Review (CMCR) held in U.S. v. Hamdan that material support for terrorism is a war crime and thus within the jurisdiction of the military commissions. The decision represents the apotheosis of the US's utterly self-referential approach to international law, because the CMCR managed to reach that conclusion without citing a single non-American...
