Recent Posts

No, that's not a snarky question. He has consistently made comments that seem to indicate far more openness to the Court than the typical Republican.  In 2002, he voted against the appalling American Service-Members Protection Act (aka "The Hague Invasion Act").  In 2005, he said “I want us in the ICC, but I’m not satisfied that there are enough safeguards.”...

As I write, I am sitting on the balcony of the Castle in Karem Maharal, a few miles north of Caesarea and a few miles south of Haifa. I look out over my balcony at the vineyards drinking Tishbi wine, which has been grown here in Zichron Yaakov for decades. To my left the sun is setting over...

. . . and I bet you are, too.  In a recent move ostensibly aimed at shoring up its national identity, Germany has instituted a citizenship test.  Naturalization applicants must correctly answer 17 out of 33 multiple-choice questions on German institutions and society.  The questions are drawn from a catalogue of 310 questions that test-takers are given in advance. Try your luck here.  For most,...

I just wanted to remind everyone that next week we will host a discussion of Benjamin Wittes' book Law And the Long War. Besides Ben, Bobby Chesney (Wake Forest),  Geoff Corn (South Texas), Glenn Sulmasy (U.S. Coast Guard Academy), Steve Vladeck (American University), Marty Lederman (Georgetown) and possibly one or two others will be joining us for the book symposium. ...

We are very happy to announce that, as of Monday, Deborah Pearlstein of Princeton University's Woodrow Wilson School of Public and International Affairs will be joining Opinio Juris as our newest (OK, only by two weeks) member. A scholar and practitioner in national security law, Deborah served from 2003 to 2007 as the founding director of the Law and Security Program at Human Rights...

I was struck by this piece tucked away in today's Washington Post, noting that Pat Kennedy, Under Secretary for Management at the State Department, had to remind diplomatic personnel in Germany that they were prohibited from attending Barack Obama's speech today in Berlin.  It is a mark of just how unprecedented Obama's current overseas visit is, mixing as it does official...

Thailand and Cambodia have both mobilized troops to defend their claims to sovereignty over the Preah Vihear Temple, which is located on their border.  The dispute has lingered for decades and was supposedly dealt with by this 1962 ICJ decision which awarded sovereignty to Cambodia. Apparently, Thailand is still not convinced and is prepared to occupy the temple by force (it is only...

I've been spending more time than is probably healthy over the last year researching the Compact Clause.  Article 1, Section 10 of the Constitution prohibits U.S. states from entering into any "treaty, alliance or confederation" and bans them "without the consent of Congress" from entering "into any agreement or compact with another state, or with a foreign power."  The Supreme Court...

I really wanted to ignore the Wall Street Journal editorial that Julian mentioned yesterday, filing it in the "life is too short" category.  But I can't help myself, because the editorial is just shockingly factually inaccurate -- to say nothing of its rather curious judgment, such as the idea that Bashir "may be the only man able to guarantee...

I don't know how seriously to take Prof. Francis Boyle, who is literally dying to file an application in the ICJ on behalf of Iran against Israel and the U.S.   Still, this interview in the Iran English language news site suggests something might happen soon. And Iran might get a sympathetic hearing at the ICJ.  And it would raise...