can be found here. Lyle Denniston of SCOTUSBlog's report on the argument can be found here. My reading of the transcript, which is not as thorough as Lyle's actually reporting on it, suggests that there is substantial hostility to the direct enforceability of ICJ judgments (Scalia, Roberts, Alito) and somewhat less substantial hostility from those same justices to the...
Further to Julian's comments on Medellin, make sure to check out this post on the Volokh Conspiracy explaining how, if Medellin wins, Hillary Clinton and the "World Court" ("ICJ" doesn't sound scary enough) could conspire to repeal the Second Amendment. ...
For what its worth, I should be on Kevin's favorite news source, the Fox News Channel, around 3 p.m. New York time today discussing issues related to the Medellin case. *3:30 p.m. Actually, it wasn't worth much, since I got bumped for a breaking news story on the Cleveland school shootings. Oh well, that's cable news! ...
Jose Medellin, the Mexican national facing a death sentence in Texas, is getting his second day at the U.S. Supreme Court today. Medellin is seeking to suspend his execution due to U.S. violations of the Vienna Convention on Consular Relations in his arrest and subsequent conviction and the International Court of Justice's interpretatin of those obligations. Medellin's earlier petition...
40 of 55 inmates in a Tanzanian prison awaiting trial at the ICTR have gone on a hunger strike to protest the scheduled transfer of three cases to Rwanda. According to their signed statement, the inmates do not believe that the Rwandan judicial system will provide the defendants with a fair trial:On 7 September, the ICTR prosecutor requested that...
Yes, there would indeed be peace in the Sudan if only the ICC would quit demanding accountability for government officials: The town belongs to the only Darfur rebel faction to sign a 2006 peace deal with the Sudanese government. Yet yesterday Sudanese government troops and allied militia attacked Muhajiriya, burning half of the town to the ground in a "stab in the...
The U.S. Supreme Court has refused to review an appeal brought by Khaled el-Masri, a German national who alleged that he was kidnapped by CIA agents in Europe and held in an Afghan prison. El-Masri's lawsuit was dismissed, not on the merits, but on the "state secrets privilege" ground. This is not totally surprising, but it suggests that...
Registration is now open for International Law Weekend 2007, the annual conference of the American Branch of the International Law Association, which takes place at the Association of the Bar of the City of New York October 25-27. The full program --in which Opinio Juris regulars and many of our alumni are participating -- and registration information is...
If you plan to be in southern California on Saturday, October 20, 2007, you should consider coming to my home institution, Pepperdine Law School, to hear 2006 Nobel Peace Prize Laureate Muhammad Yunus speak about microfinancing. Everyone is welcome although space is limited and pre-registration is required. In order to register online, or learn more details about the...
The Newark Star-Ledger ran an article in its Sunday Edition on Baher Azmy, Mark Denbeaux, John Gibbons, and the Seton Hall Law School’s project on Guantanamo. As the article explains in its opening section:John Gibbons, a retired federal judge who taught law at Seton Hall for 24 years, won a landmark ruling from the U.S. Supreme Court that prisoners captured...
Along with Julian, I had the good fortune to participate in a symposium last week at Fordham Law School on "International Law and The Constitution: Terms of Engagement." Details about the symposium are available here. The Fordham Law Review will devote a symposium issue to the conference in the near future. Here are a few quotes...
Today's LA Times has an op-ed I wrote arguing that states need to tailor the law of war and the prohibition on the use of force to cyberspace. This is a shorter version of a piece I posted on SSRN a few months ago (more details here). I'm still working on a longer, law-review length treatment now so...
