The U.S. Supreme Court has granted certiorari in Samantar v. Yousef, a lawsuit by Somalis who alleged torture and mistreatment by a former Somali prime minister. Here is the issue: Whether a foreign state’s immunity from suit under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1604, extends to an individual acting in his official capacity on behalf of a...
Well, I don't know that for sure yet -- I only just got in from the airport an hour ago. But it sure is beautiful this time of year. I am here for what looks to be a great conference -- the first academic forum (i.e., workshop) jointly organized by the American Society of International Law and the European Society...
Here is one part of the Obama Administration policy that I can (sort of) support: an effort to reach a comprehensive sustainable peace agreement in Sudan. Although the Obama envoy, Scott Gration, is getting plenty of deserved flak from right and left for his infamous "cookies" quote about dealing with the Sudanese government, the general idea seems sound. Absent any...
Ben Wittes, who has guest-blogged with OJ in the past, has a blistering op-ed in yesterday's Washington Post, criticizing, well, just about everyone for the failure to take the policy issues of detention to Congress to craft a formal structure for addressing them. The piece has made the rounds in the blogosphere, so I won't comment except to say that...
I have to admit I really don't know for sure, but this WSJ op-ed makes me think this issue is likely to be an important one as the crisis over Iran's compliance with the Non-Proliferation Treaty comes to a head. According to the author, the U.S./E.U. concession that Iran has a right to peaceful nuclear technology is both wrong as...
I just wanted to note that I have posted to SSRN The Language of Law and the Practice of Politics: Great Powers and the Rhetoric of Self-Determination in the Cases of Kosovo and South Ossetia, which is part of the special issue of the Chicago Journal of International Law about great power politics to which Ken has referred a couple of times....
Another classic by the Sudanese government: Ismail also accused Israel of being behind aggravation and continuation of the Darfur crisis, saying "a group of Darfurians have recently admitted that they have provided the International Criminal Court (ICC) with false evidences, which support our assurances that there are Zionist trends behind aggravation of the Darfur crisis and undermining of the stability in...
When I wrote my critique of the Jerusalem Post editorial on the ICC, I also sent a short letter to the editor pointing out the editorial's basic factual errors. It was a very straightforward letter -- no politics, just indisputably true facts such as that the ICTY and the ICC are different institutions. It's been more than a week, and the...
Ever since Ban Ki-Moon became UN Secretary-General, I have been hearing complaints about, well, nearly everything. He's a colorless personality. He's a diplomat and not 'global-presidential'. He brings no passion to the job. He wants (anyway wanted) senior officials to disclose their finances. He's just a placeholder. Etc. Many of these criticisms could be reduced down to ...
The essential irrelevance of the United Nations to global economic policy was nicely illustrated this week by President Obama's trip from New York to Pittsburgh, site of the G-20 summit. Potentially important, even momentous decisions, on economic and financial policy were discussed and maybe even decided there, while the U.N. General Assembly meetings showcased its usual mix of wacky heads...
The Washington Post has a blistering editorial on the Obama Administration's quiet decision last week not to seek legislative authorization for the preventive detention for terrorist suspects. It is the, the Post declares, a "politically expedient and intellectually dishonest route." Like President George W. Bush, President Obama now asserts that the 2001 Authorization for the Use of Military Force gives him...
CNN has the story: "Where do you live?" Seems like a simple question, doesn't it? But the answer is not clear-cut for everyone. Take people who live in Srinagar, the capital of Kashmir, which is wedged between India, Pakistan and China. India and Pakistan have gone to war repeatedly over the disputed territory. Technically, it's "Indian-administered." But on Facebook, it's simply in India. Questions like this have...
