Looking back at the week that was, Opinio Juris bloggers covered a number of news-related issues. Several provided commentary on the release of the US Senate’s Torture Report. Prior to its release, Kevin expressed disbelief at a post by ACLU Director Anthony Romero urging blanket amnesty for those responsible for torture, and as soon as it became available, Jens announced the report’s availability and his first thoughts here, before discussing what we really fight about when we talk about torture here.
Deborah examined the question of prosecution in response to allegations in the report, and Roger posted on the report as a truth and reconciliation commission, akin to his research on the transitional justice process post-apartheid in South Africa. Finally, Julian weighed in analyzing a recent trend that the US public does not necessarily agree with international law’s absolute ban on torture.
In other news, after the ICC dropped the case against Kenya’s Uhuru Kenyatta, Julian posed the provocative question whether this might spell the end for the ICC. Additionally, Kevin flagged the OTP’s decision to suspend the investigation into alleged crimes in Darfur, troubled by the seemingly politically laden relationship between the Court and the UN Security Council.
Julian also called attention to China’s “position paper” released ahead of its December 15th filing deadline in the situation between China and the Philippines before the UNCLOS arbitral tribunal. He also pointed to his more in-depth analysis of why the Philippines arbitration is doomed to fail (spoiler alert: it’s due to a mistake by the Philippines in employing a “lawfare strategy” forcing China before the arbitral tribunal), notwithstanding Vietnam’s support of the Philippines’ position. Finally in sea-worthy news, Julian pointed to the newest (sci-fi) development for the US Navy in the Persian Gulf: the planned deployment of laser cannons.
Rounding out the contributions from our regular bloggers, Duncan paid homage to his mentor, the late Professor Alfred P. Rubin, referring to him as the best professor he has ever had.
We posted Eric Sigmund’s guest contribution, a response to Kevin’s previous questioning of why US courts don’t understand IHL, remarking that the courts’ misunderstanding of IHL is deeper than you’d think.
Finally, I wrapped up the week’s news and listed events and announcements.
Thanks go out to our guest contributor and have a nice weekend!