Bangladesh has ratified the Rome Statute, making it the 111th member of the International Criminal Court. Bangladesh was the first country in South Asia to sign the Statute, which it did on July 17, 1998. I don't know what explains the 12-year gap between signature and ratification; if any readers know, please chime in below. Bangladesh's ratification will have immediate dividends. ...
You just can't make this stuff up: Prime Minister Recep Tayyip Erdoğan has taken a harsh position against undocumented Armenian workers in Turkey, threatening to expel thousands amid tensions over allegations that Armenians were victims of “genocide” during the last days of the Ottoman Empire. Resolutions passed recently in the United States and Sweden to brand the World...
Our friends at the University of Amsterdam's Center for International Law have asked us to announce the European Science Foundation's upcoming conference, The Responsibility to Protect: From Principle to Practice. Here is the description of the conference, which sounds like it's well worth attending: Five years after its acceptance by the 2005 World Summit, it is time to consider the...
The following is a guest post by Lt. Col. Chris Jenks, the Chief of the International Law Branch in the U.S. Army's Office of the Judge Advocate General. Lt. Col. Jenks is posting in his personal capacity. On March 8th, the Supreme Court "invited" the Solicitor General to file a brief in Carmichael v. Kellogg, Brown & Root...
I'm not exactly surprised to read this: United Nations human rights investigators called on the Obama administration on Tuesday to prosecute the accused September 11 masterminds in a civilian court, declaring that U.S. military tribunals would not be fair. The White House is reviewing options to bring the 9/11 detainees to justice and U.S. officials said on Friday senior administration officials may...
Last fall, the U.S. joined Egypt in a carefully worded statement in favor of free expression, but it raised concerns that the U.S. was implicitly endorsing the movement in many Islamic countries to ban blasphemous (or anti-Islamic) speech. In an otherwise anodyne address to the Chicago Council on Foreign Relations, U.S. Assistant Secretary of State for International Organization Affairs...
I am delighted to announce that Luis Moreno-Ocampo has appointed my friend and colleague Tim McCormack to be the Office of the Prosecutor's Special Adviser on International Humanitarian Law. From the announcement: Professor McCormack, from the Melbourne Law School at the University of Melbourne will help the Office of the Prosecutor to develop a solid understanding of complex legal issues such...
My new Weekly Standard essay - although “polemic” is probably closer to it. And thanks, Julian, for the plug below! Well, regular readers have been hearing about this piece for a while, and I have posted various arguments from it (concerning targeted killing and Predator drones and the CIA and armed conflict and self-defense, and my general concern that the...
Both Humblelawstudent and Stuart Taylor have criticized my previous post. Both misunderstand the federal torture statute and the concept of torture in important -- and unfortunately all too common -- ways, so it is worth explaining their errors in a separate post. Let's begin with HLS. He claims that, contrary to my assertion, "the statute requires the interrogator to actually...
David Luban and Stuart Taylor are having an interesting exchange at Balkinization over whether the CIA's use of waterboarding qualifies as torture under the federal torture statute, 18 USC 2340. Luban accuses Taylor of embracing "the fundamental trick used by the torture lawyers: pretending that the legal definition of 'torture' is something technical rather than 'colloquial'," when...
I've heard that the docket for the European Court of Human Rights is out of control, but a backlog of 120,000* cases is a little ridiculous. There is no doubt about the seriousness of the situation in Strasbourg. Jean-Paul Costa, president of the European Court of Human Rights, has referred to it as extremely disturbing. The parliamentary assembly of the Council of...
The following is a guest-post -- actually a short book-proposal -- by my friend Mark Osiel, the Aliber Family Chair in Law at the University of Iowa. I have agreed to post it despite the inordinate jealousy I feel toward his remarkable productivity. Mark would greatly appreciate comments and criticisms, especially examples and counter-examples of what he is trying to...
