The Obama Administration appears to have shifted its views on the nature of the September 11, 2012 attack on the U.S. consulate in Libya that resulted in the death of four Americans, including U.S. Ambassador Christopher Stevens. Rather than blaming the attack on a "spontaneous" reaction to the offensive US film (which U.S. Ambassador to the U.N. Susan Rice seemed...
A few weeks ago, I wrote a long post explaining the one way in which the absence of due process in a national prosecution could make a case admissible before the ICC. The post drew a distinction between two different kinds of national prosecutions: (1) one that fails to satisfy international standards of due process; and (2) one that fails...
Here it comes: President Obama is exercising his Commander-in-Chief powers, a la Durand v. Hollins: The U.S. responded to the assault by dispatching two Navy destroyers, dozens of Marines, federal investigators and intelligence assets to Libya to protect Americans and hunt the suspected religious extremists who carried out the attack late Tuesday. U.S. officials described the attack that killed Ambassador Christopher...
[I posted this originally at the same time as Duncan, so it is a bit repetitive, but I'll leave its content basically as is]. Sad and startling news: U.S. Ambassador to Libya Christopher Stevens was killed yesterday in a rocket attack on the U.S. Consulate in Benghazi. This is an addition to another violent attack on the U.S. Embassy in...
Having followed the terrorism litigation against Iran for years, I was fascinated to read of the recent legislation—Section 502 of the Iran Threat Reduction and Syria Human Rights--that creates a legislative fix for victims of one particular group of terrorist victims but not thousands of others. The law in question grants plaintiffs/judgment creditors in one and only one case—Peterson...
A recent post at Mother Jones mentions my view of UBL's killing and provides Ken's brief thoughts on his death: Kenneth Anderson, a law professor at American University Washington School of Law, disagrees. "Being wounded does not necessarily render one hors de combat; hors de combat means they’re not actually posing a threat to you," Anderson says, citing moments where wounded...
Of the 1500+ posts I've written for Opinio Juris over the past seven years, none angered my fellow progressives more than the post in which I claimed that the killing of Usama bin Laden was perfectly legal under international law. Here is what I wrote: To begin with, I think the applicable legal regime is international humanitarian law (IHL), not international...
South Africa recently decided that, in order to avoid consumer confusion, goods imported from the Occupied Palestinian Territories must include special labels that make clear they were not produced in Israel. Israel's outrage was predictable -- but its rhetoric was anything but: The Israeli Foreign Ministry said it would summon South Africa's ambassador to lodge a protest over the decision on...
President Obama emerged from his campaign bunker to face the press, and he issued what the NYT seems to think is a pretty serious military threat against Syria. “We cannot have a situation in which chemical or biological weapons are falling into the hands of the wrong people,” Mr. Obama said in response to questions at an impromptu news conference at...
The Independent has the story: European governments, including Britain's, have received legal opinion from a leading international counsel who argues they would be fully within their rights to ban trade with Israeli settlements in the occupied West Bank. The formal opinion from James Crawford, professor of international law at Cambridge University, is likely to inject fresh momentum into campaigns in the United...
More follies from the Khalid Sheikh Mohammed military commission: The video and audio feed from the war court at Guantanamo Bay is on a time delay so as to prevent accidental or deliberate disclosure of classified information during proceedings. As Khalid Sheik Mohammed and the other alleged 9/11 plotters were being arraigned last Saturday, the feed abruptly cut out. Reporters and observers...
