Christopher Jenks, Chief of the International Law Branch of the Office of the Judge Advocate General, has a pretty compelling defense here of the legality of the U.S. detention and trial of Canadian Omar Khadr for violations of the law of war, despite the fact that Khadr was not quite 16 when he committed his alleged crimes. The heart of...
A federal district court in Texas has held that the Alien Tort Statute ("ATS") requires allegations of intent to violate international law. The mere knowledge that such violation was occurring, or would occur, is insufficient to support a claim under the ATS. The complaint in Abecassis v. Wyatt alleges that various corporations and individuals purchased oil from Iraq and made...
I don't know a lot about CEDAW, the Convention for the Elimination of Discrimination Against Women, but I know that lots of groups on both sides think the treaty is really important. For instance, in this post, a critic of CEDAW quotes a proponent of CEDAW, Janet Benshoof, for the view that: "[W]ere the United States (US) to ratify CEDAW, it would bring...
I don't fully understand the nature of the legal charges against Spanish Judge Baltasar Garzon. It sounds like, from this Economist article, that he is being accused of some version of "prosecutorial" and "judicial" misconduct for refusing to follow the terms of Spain's 1977 amnesty law preventing investigations into Franco-era crimes. Garzon apparently held that there is a consensus that...
As the Washington Post notes, the Obama administration has authorized the CIA to assassinate Aulaqi wherever he is found. It is very unlikely that CIA agents qualify as lawful combatants -- they don't distinguish themselves from the civilian population, they don't carry their arms openly, etc. So, let's assume that CIA agents manage to kill Aulaqi in Afghanistan. I assume...
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,...
That's what Rob Crilly claims in an editorial today in the Telegraph: Before he was indicted, Bashir told regional leaders and his confidantes that he was ready to step down: after 20 years in office, he was ready for a holiday, and retirement to a smart new villa in the north of Khartoum. Now, fearing arrest by a...
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...
I love Foreign Policy's blog, Passport. Along with Democracy Arsenal, it's one of the two best blogs for analysis of (duh) US foreign policy. Which is why I was shocked to read a recent post by Andrew Swift entitled "Is Karl Rove a War Criminal?", because Swift's analysis would make a first-year law student blush in embarrassment. Here is how...
NGO Monitor loves to criticize progressive NGOs for a lack of transparency concerning their funding. A recent report, for example, predictably attacks Human Rights Watch for not identifying all of its donors, particularly those at last year's fundraising event in Saudi Arabia: HRW publishes the names and amounts provided by some of its donors, but others remain hidden. Although HRW...
AP reports that a Dutch court of appeals has affirmed a lower court ruling that held the UN could not be sued for its failure to protect Bosnian civilians in Srebrenica: Appeals judges have ruled that relatives of victims of Europe's worst massacre since World War II cannot sue the United Nations for compensation in a Dutch court. Lawyers for...
David Bernstein links today to an article in The Times -- a right-wing British newspaper published by Rupert Murdoch -- attacking Human Rights Watch. The article is breathlessly entitled "Nazi Scandal Engulfs Human Rights Watch," which I have to admit piqued my curiousity -- until I realized that the "Nazi scandal" concerned Marc Gelasco, a research analyst who resigned from...
