In association with the International Commission of Jurists

Recent Posts

10 Mar

I'm not exactly surprised to read this: United Nations human rights investigators called on the Obama administration on Tuesday to prosecute the accused September 11 masterminds in a civilian court, declaring that U.S. military tribunals would not be fair. The White House is reviewing options to bring the 9/11 detainees to justice and U.S. officials said on Friday senior administration officials may...

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10 Mar

Given our past discussions about State Department Legal Adviser Harold Koh on this list, I thought I'd pass along word of an upcoming event some might find of interest. My colleagues at the American Bar Association's Standing Committee on Law and National Security are hosting a breakfast discussion with Koh this coming Tuesday, March 16, from 8:00-9:00 a.m. ...

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08 Mar

As I have noted earlier, there is a pitched battle between victims of Pan Am 73 terrorist hijacking over the distribution of treaty funds secured by the United States for American victims in a 2008 diplomatic settlement with Libya. The treaty and Executive Order stipulate that the money shall be distributed solely for the benefit of United States nationals,...

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08 Mar

Our friends at the German Yearbook have asked us to post the following call for papers, and we are happy to oblige: The German Yearbook of International Law is Germany’s oldest yearbook in the field of public international law. The GYIL is published annually by the Walther Schücking Institute for International Law at the University of Kiel and contains contributions on...

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06 Mar

That's a bit of an overstatement, but this review of Michael Byers' latest book: Who Owns the Arctic: Understanding Sovereignty Disputes in the North, reminds me of the surprising legal positions taken by Russia, Canada, and the United States over the legal status of the Northwest Passage. It is ironic that while Russia supports Canada's claim to the Northwest Passage, the...

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06 Mar

I doubt it has a chance of passing, but it would be interesting to see how many votes this bill will get: A small group of U.S. lawmakers unveiled legislation on Thursday to withdraw from the North American Free Trade Agreement in the latest sign of congressional disillusionment with free-trade deals. The bill spearheaded by Rep. Gene Taylor, a Mississippi Democrat, would...

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05 Mar

As Opinio Juris readers know, the U.S. Supreme Court heard arguments on Wednesday in the case of Samantar v. Yousuf (briefs and transcript available here), which asks the Court to interpret the 1976 Foreign Sovereign Immunities Act. Commentators, including OJ’s own Julian Ku, have reported that the Justices seemed “unconvinced by all sides” (Julian’s words) and that none of the...

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05 Mar

Cross-posted at Balkinization This morning’s papers bring news from anonymous administration officials that “President Obama's advisers are nearing a recommendation that Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, be prosecuted in a military tribunal.” See The Post’s story here. While I always take such preview reports with a grain of salt (is it an official...

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05 Mar

Wow! It's not a done deal, but it sure looks like Khalid Sheikh Mohammed is going back to a trial before a U.S. military commission, the Washington Post reports. President Obama's advisers are nearing a recommendation that Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, be prosecuted in a military tribunal, administration officials said, a step that...

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