As a judge in the New York federal courts over the past 15 years, both at the district and appellate level, U.S. Supreme Court nominee Sonia Sotomayor has had a fair number of cases involving the application of international law. She has never ruled on an Alien Tort Statute case, but my very quick scan suggests that, whatever else her...
That's today, in Australia. It's meant as a sort of continuing apology to Aboriginal peoples in Australia specifically for the practice, lasting up until about 1970, of taking Aboriginal children from their families (known as the "stolen Generations"), but also for the general mistreatment. It's not a holiday but appears to be an official commemoration. My question: could Americans...
Following on my previous post, this is a much longer and more complete clip of the waterboarding of talk-radio host Mancow Muller. (Thanks to Roger, who found it on YouTube.) This clip includes an explanation of how waterboarding is done and includes Muller's reactions. I thought the way he explained that it was much worse than he ever would have...
Disclosure: I am one of Dr. Karadzic's legal associates. This post is offered with his consent. The defense team has just filed its definitive motion arguing that the Karadzic-Holbrooke cooperation agreement -- in which Holbrooke promised Dr. Karadzic that he would not be prosecuted at the ICTY if he cooperated with the international community's efforts to bring peace to the Balkans...
Hat tip: The Faculty Lounge As if they ever go right? Anyway, this was a publicity stunt by conservative talk show host Mancow Muller, but it seems to have gone wrong in an unexpected way...
Could anything be more contradictory than the lives of our soldiers? They love America, so they spend long years in foreign lands far from her shores. They revere freedom, so they sacrifice their own that we may be free. They defend our right to live as individuals, yet yield their individuality in that cause. Perhaps most paradoxically of all, they...
A year ago, Alex Ross, the New Yorker's classical music critic and the author of the book The Rest is Noise, wote a post on the New Yorker Online about the use of music as a psychological weapon. Ross recently posted a short update on his own blog. The original essay began with a reference to the use of music in interrogations: In Errol...
Hard to know what to respond to first given all the news this past week on the Guantanamo/detention front. My own week began with participating in the fascinating and useful meeting President Obama held with some human rights advocates and academics. Since then, I have been tempted to explore the politics of a debate that now find Jack...
The Federalist Society and the Heritage Foundation have put together a timely conference on Counterterrorism and the Obama Administration. It starts at 9:00 a.m. next Thursday, May 28 at the Capital Visitor Center in DC. I have a feeling it won't be entirely supportive of the Obama Administration policies, but at least it will benefit from the insights of Opinio Juris blogger...
Judge Thomas Buergenthal has recently published a memoir of his life as a child surviving Auschwitz. The book was originally published in German (where it was a bestseller) and is now out in English. The book, A Lucky Child, is absolutely wonderful and inspiring. He describes in wonderful detail his slow, painful descent into the hell of...
In the category of happy news that is long overdue, it looks like Secretary Clinton is poised to expand the definition of State Department employee "family members" eligible for benefits to include same-sex domestic partners. For Foreign Service employees those benefits will include --perhaps most important -- the issuance of a diplomatic passport (the "black passport"), which carries with it...
Eugene Kontorovich, well known to OJ readers for his work on piracy and universal jurisdiction (both separately and together), has a very interesting post partly responding to discussion here at OJ on universal jurisdiction and proposed legislation on Spain on universal jurisdiction. It is up over at Prawfsblawg and is a fun, quick read. Also, here is Eric Posner's comment,...
