International Human Rights Law

Philippe Sands gave an extensive interview on NPR's Fresh Air yesterday.  Sands is already on record with his view that torture has occurred as a part of U.S. detention policy at GTMO and that high level officials are responsible for these acts.  Although I'm not sure he had much new to say, his careful and eloquent arguments make for easy listening. ...

Comments like this one, made not by some obscure commenter but by David Bernstein, a law professor at George Mason and a member of The Volokh Conspiracy, in response to my Dershowitz post below: Herein the phoniness of international law.  Humble Law Student has raised several significant questions with Heller’s analysis, including whether it matters under international law, as it surely...

Alan Dershowitz published an editorial yesterday in the Wall Street Journal that argues Israel's attacks on Hamas in Gaza are "perfectly proportionate."  I have no desire to argue the substance of that point, in part because views on Israel and Palestine are largely impervious to facts or argument (on both sides), but largely because the concept of proportionality is so...

  The Somali piracy problem is not really a military one. No one doubts that the world's modern navies can overwhelm any pirates they find.  The problem is really administrative and legal.  For instance, France's recent reported capture of more Somalia-based pirates is kind of cool, but what has really been accomplished. According to this report, France is planning to take...

I guess what surprises me is that the Vatican ever did have a rule of automatically adhering to international law. But as of yesterday, that rule, along with the rule automatically adopting Italian law as part of its internal legal order, is history.   The Vatican has [] decided to scrutinise international treaties before deciding whether or not to adhere to...

The Jordanian Bar Association (JBA) is on a roll.  In addition to participating in the seminar I discussed in my last post, the JBA has also asked the Jordanian government -- Jordan is one of three Arab states that have ratified the Rome Statute -- to formally request the ICC's Assembly of States Parties (ASP) remove Moreno-Ocampo from office because...

I know, fisking pro-Bashir propaganda is kind of a pointless task, but the article made me mad with its shameless inaccuracy.  It's unfortunate that so many Arab readers -- the original article was published in the Al Rai Jordanian Daily -- are exposed to this kind of garbage concerning the ICC and Darfur. Without further ado, the fisking...

The blogosphere is all atwitter with news that the CIA has been using Viagra to bribe Afghan chieftains into revealing information about the Taliban.  I was going to point out that, however successful the erections-for-info exchange might be, it is worth wondering to what extent the practice facilitates rape, marital and otherwise.  But it appears Cara at Feministe has beaten...

Medecins Sans Frontieres has published their list and report of the top-ten humanitarian disasters of 2008.  Africa suffers its disproportionate share: Massive forced civilian displacements, violence, and unmet medical needs in the Democratic Republic of Congo, Somalia, Iraq, Sudan, and Pakistan, along with neglected medical emergencies in Myanmar and Zimbabwe, are some of the worst humanitarian and medical emergencies in the world,...

Scott Horton has a typically excellent post today at Harpers.org discussing the perversity of right-wing commentators who defend the use of torture.  But I was troubled by the following comment about the ICC, which he offers in agreement with an old editorial by David Rivkin and Lee Casey: Rivkin’s history is much like that of Reynolds and Goldberg. Back when the...

A lawyer and human-rights activist with whom I spent some time while I was in Sarajevo, Adnan Kadribasic, has given me permission to turn his comment to my Karadzic post into a post of its own.  I think it's remarkable, and I want everyone to see it.  Here it is, edited only for typos: Dear Kevin, I support all of your...

The BBC is reporting that President-elect Obama has pledged to close Guantanamo within the next two years. The report is based on this  Time Magazine article declaring him (big surprise!) their "Person of the Year."  I am not 100% sure Obama has really made this pledge, but it certainly can be read that way.  In response to the question as...