Julian beat me to the punch regarding the new Council on Foreign Relations report, From Rome to Kampala: The U.S. Approach to the 2010 International Criminal Court Review Conference. Not surprisingly, I don't share Julian's enthusiasm for it. On the contrary, I think it's extremely disappointing, little more than a reiteration of the same tired talking points that the...
In many ways, it is more important to note the continuity between Obama and Bush administration policies than to dwell on their differences. Given the political antecedents of the two administrations, the areas where they have adopted the same policy is a sure-fire sign that there is broad consensus in the U.S. on a policy. I think we are getting...
[Robert C. Bird is an Assistant Professor and Ackerman Scholar at the University of Connecticut School of Business; Peggy E. Chaudhry is an Associate Professor at Villanova University School of Business] Professor Robert Bird, Assistant Professor, University of Connecticut and Peggy Chaudhry, Associate Professor, Villanova University will discuss their Article, "Pharmaceuticals and the European Union: Managing Gray Markets in an Uncertain...
[John F. Coyle is a Climenko Fellow and Lecturer on Law at Harvard Law School] I want to thank Opinio Juris and the Virginia Journal of International Law for the opportunity to discuss my Article, “Incorporative Statutes and the Borrowed Treaty Rule.” I’d also like to express my gratitude to Professor Ingrid Wuerth of Vanderbilt Law School for providing a response to...
Eric Posner has an editorial today in the Wall Street Journal today that uses the recent indictment of Judge Garzon in Spain as an opportunity to dust off the traditional far-right attack on the concept of universal jurisdiction and the existence of the ICC. It's a remarkably misleading editorial, one that deserves a thorough response. Mr. Garzon wanted to prosecute Pinochet...
[Christopher M. Bruner is an Associate Professor, Washington and Lee University School of Law] First I want to thank Opinio Juris and the Virginia Journal of International Law (VJIL) for the opportunity to discuss my Article, “Power and Purpose in the ‘Anglo-American’ Corporation.” I’d also like to express my gratitude to Professor Brian Cheffins of the University of Cambridge for providing...
The Virginia Journal of International Law is delighted to continue its partnership with Opinio Juris this week in this online symposium featuring three Articles recently published by VJIL in Vol. 50:3, available here. Today, Christopher M. Bruner, Associate Professor, Washington and Lee University School of Law, will discuss his Article Power and Purpose in the “Anglo-American” Corporation. In his Article, Professor...
UNTOLD STORIES: HIDDEN HISTORIES OF WAR CRIMES TRIALS A two-day international symposium to uncover and explore some of the less well-known war crimes trials, both international and domestic. Melbourne Law School 15th and 16th October 2010 Presented by The Asia Pacific Centre for Military Law, Melbourne Law School, and supported by an Australian Research Council Discovery Project Grant Organizers: Gerry Simpson, Tim McCormack, Kevin Heller,...
The NYT reports that the Obama Administration has authorized the targeted killing of an American citizen, the radical Muslim cleric Anwar al-Awlaki, The article notes the international law justification for his killing: he is an avowed member of Al Qaeda actively engaged in hostilities against the U.S. Under either the law of armed conflict or the general law of self-defense,...
So, it turns out that the US military was lying through its teeth when it claimed that the three Afghan women murdered during a "bungled" Special Operations attack in Afghanistan six weeks ago were not killed by NATO -- read: American -- forces: NATO military officials had already admitted killing two innocent civilians — a district prosecutor and local police...
Fascinating inside baseball piece on the Obama Administration's internal debate over war on terrorism policy. It features a struggle between the State Department (Harold Koh) and the Defense Department (Jeh Johnson) with the OLC (David Barron) playing referee. The rift has been most pronounced between top lawyers in the State Department and the Pentagon, though it has also involved conflicts among career...
The full text of U.S. State Department Legal Adviser Harold Koh's speech at ASIL can be found here. Ken has already praised it, Kevin (along with Marko Milanovic) have rejected it, and others are staying neutral or reserving judgment. Here is what I took away from the speech: The Obama Administration has now embraced the Bush Administration's position that the U.S....
