A U.S. federal appeals court has upheld the use of the "state secrets privilege" to dismiss lawsuit brought by a German national. The underlying lawsuit, brought by Khaled El-Masri in U.S. federal court, alleged that he had been kidnapped by U.S. CIA agents and rendered to a third country for interrogation and torture. The appeals court, like the...
Although it is still unclear whether cluster munitions violate Additional Protocol I's prohibition of attacks that "employ a method or means of combat which cannot be directed at a specific military objective," Belgium — so often on the cutting edge of international criminal law — isn't waiting to find out. On Thursday, the Belgian Senate passed a law that...
As someone who is interested in the crime of aggression, I was appalled to learn of Switzerland's recent invasion of Liechtenstein. I can only hope that the responsible individuals are punished appropriately:What began as a routine training exercise almost ended in an embarrassing diplomatic incident after a company of Swiss soldiers got lost at night and marched into neighboring...
That at least seems to be the view of one Japanese law-maker. Recent statements by Japanese Prime Minister Abe have sought to distance Japan from a 1993 statement accepting government responsibility for the sexual enslavement of 200,000 Korean, Chinese, Taiwanese, Filipino and other women. These “comfort women” were forced to “service” Japanese military forces during World War II;...
The story yesterday from the WaPo here. (Not really clear what the legal basis for denying the extradition request would be, as described in this post on the International Extradition Blog.) The piece was apparently prompted by Legal Adviser John Bellinger's comments to reporters earlier this week on the margins of talks with EU counterparts: "I do think...
Next week the Yale Journal of International Law will host a conference entitled The “New” New Haven School: International Law—Past, Present, and Future. Here’s a description:A generation ago, Yale Law School gave birth to the so-called "New Haven School of International Law," which insisted that law is more than formal legal institutions, that international law is best studied by evaluating...
NPR had two interesting segments yesterday on the plight of household workers employed (or, rather, held) by foreign diplomats in the US (here and here). If not for diplomatic immunity, the employers would be subject to prosecution for crimes relating to human trafficking and forced labor. From the sound of it, there are many such cases. Two possible responses:...
The most popular recent international article posted on SSRN is by Ernst-Ulrich Petersmann of the European University Institute. It is entitled "State Sovereignty, Popular Sovereignty and Individual Sovereignty: From Constitutional Nationalism to Multilevel Constitutionalism in International Economic Law?" and is available for download here. Definitely worth a read. Here is the abstract: This paper discusses the basic constitutional problem of...
Like Julian, I do not believe that the ICC's involvement in Darfur is in any way a panacea for the region's ills. And I am concerned that the Prosecutor has summonsed (at this point) only one high-ranking official in the Sudan's government, overlooking the complicity of Sudan's President, Omar El Bashir, and Vice-President, Ali Osman Taha, in the Darfur...
Actress and U.N. Goodwill Ambassador Angelina Jolie has a useful and intelligent op-ed in today's Washington Post arguing in favor of international criminal justice in Darfur. But she's wrong or at least misguided. And she is not alone. Here is her argument: Until the killers and their sponsors are prosecuted and punished, violence will continue on a massive scale. Ending it may...
We are all aware of the use of environmental and social impact assessments (ESIAs) to address environmental considerations as a key factor in deciding on the appropriateness of beginning new projects. Well, there is now movement afoot to develop a similar approach for international human rights. A "Human Rights Impact Assessment" (HRIA) would mean that multinational corporations should...
In a landmark — and admirably progressive — decision, the Supreme Court of Mexico had held that dismissing HIV+ soldiers from the military is unconstitutional:In a case brought by 11 members of the military, the court declared unconstitutional a law requiring naval officers and soldiers with HIV/AIDS to leave the armed forces. Following the decision, Mexico's armed forces will have to...
