[We are grateful to continue our discussion on Samantar with a comment from Prof. William Dodge of the UC Hastings College of Law. Please keep following us for more thoughts in future posts and click "Related Posts" to see earlier contributions on this question.] Like my colleague Chimene Keitner, I wrote an amicus brief supporting respondents (co-authored with Mike Ramsey), and...
[In our continuing discussion of Samantar, we are very pleased to share the thoughts of Professor Chimene Keitner, of U.C. Hastings College of Law. More comments to come soon.] As counsel for Professors of Public International Law and Comparative Law as amici curiae in support of Respondents, I obviously agree with the Court's disposition. As Opinio Juris readers know courtesy of...
The most interesting aspect of the Samantar v. Yousuf opinion yesterday was the final section addressing the "artful pleading" problem. The Court stated that "[e]ven if a suit is not governed by the [FSIA], it may still be barred by foreign sovereign immunity under the common law. And not every suit can successfully be pleaded against an individual...
Cross-posted at Balkinization I hate to interrupt the terrific insta-symposium on the Supreme Court's decision in Samantar already underway at Opinio Juris, but I did want to note the much-anticipated release of Philip Alston’s report as UN Special Rapporteur on Extra-Judicial Killings. I take it the relevant press release and report will be available here. I’m just now paging through...
[We are pleased to share comments on the U.S. Supreme Court's decision yesterday in Samantar v. Yousuf from Professor Curtis Bradley, who has written a great deal on the issue considered by the Court yesterday. We hope to share comments from other informed observers on the decision over the next couple of days ]. As I bask in the glow...
I know that will sound like a provocative question, but it's not meant to be. According to the Jerusalem Post, Israel justifies its interdiction of the "Freedom Flotilla" by reference to Article 67(a) of the San Remo Manual on International Law Applicable to Armed Conflict at Sea, which permits the attack of neutral merchant vessels that "are believed on reasonable...
Julian beat me to the punch regarding the news that Peter Erlinder, the William Mitchell law professor who is one of the leading defense attorneys at the ICTR, has been arrested in Rwanda for "genocide denial" -- code for "criticizing the Kagame government." There is no need to waste time criticizing the arrest; anyone who follows Rwanda knows that Kagame...
I'm sure that this smashing application by Australia to the ICJ is the proximate reason for the Japanese Prime Minister's sudden resignation today. Behold the power of the World Court litigation! OK, I'm violating my late-night blogging rule (see earlier posts for my dumb brain cramps when I blog at midnight) and getting a little punchy. But it is a...
I'm interrupting my current teaching assignment in Rome (a tough gig I know) to flag for reader's the U.S. Supreme Court's decision today in Samantar v. Yousef (see here). As Julian noted in an earlier post, the question before the Court in this case was whether the Foreign Sovereign Immunities Act (FSIA) immunized foreign government officials for their official acts. For human rights...
I tread warily into the debate over the Israeli commando raid on the Gaza flotilla. There has been no shortage of commentary and reactions abroad (here in the U.S., it seems most folks are unmoved by the whole incident). Of course, most of the facts are hotly disputed and, frankly, will remain hotly disputed. Still, let me start by advising...
Detained U.S. lawprof Peter Erlinder was hospitalized in Rwanda over the weekend after five hours of questioning. A St. Paul attorney jailed in Rwanda was hospitalized with high blood pressure today after being interrogated, according to his daughter and an attorney. Peter Erlinder, who is charged with promoting genocidal ideology, is expected to be kept in the hospital overnight and returned to jail...
My friend and colleague Gerry Simpson has, along with other international-law luminaries, just published an open letter in The Guardian defending Judge Garzon's actions. Here it is (emphasis mine): As teachers and practitioners of international law we note that the validity and effect of an amnesty granted by national law in respect of international crimes has been addressed by ...
