In association with the International Commission of Jurists

International Human Rights Law

21 Oct

[caption id="attachment_10236" align="alignleft" width="120" caption="Tara Melish"][/caption] [caption id="attachment_10102" align="alignright" width="101" caption=" "][/caption] [Ed. This is a slightly different, updated version than the one posted earlier today.] Let me begin by thanking Opinio Juris and the editors of the Yale Journal of International Law for hosting this online symposium, and especially Professor Elena Baylis for her willingness to provide comments on my recent article,...

|
20 Oct

One of the pleasures of teaching at Washington College of Law is that so many of your colleagues are involved in so many real world public international law activities.  They include our dean, Claudio Grossman, who in his capacity of chair of the UN committee against torture, today addressed the General Assembly.  (I'll try to provide a webcast link; can't...

|
20 Oct

I had resolved to avoid blogging about Bernstein's endless series of attacks on Human Rights Watch, but I couldn't let the following pass without at least some acknowledgement: At what point does the MSM stop treating HRW as a neutral source on human rights in the Middle East, and start treating it like the left-wing, anti-Israel, anti-Western organization it has openly...

|
19 Oct

Making Sense of Darfur will be holding an online symposium over the next few weeks dedicated to analyzing what is likely to happen in Sudan in 2010 and 2011.  Here is how it's described by Alex de Waal, with whom I rarely agree but always respect: Sudan faces two momentous events in the next fifteen months. The first is the general...

|
18 Oct

(Please note that a commenter has rightly corrected me on two points, which I correct below) Former State Department Legal Adviser John Bellinger (and former OJ guest blogger) spoke today at Hofstra's biennial Legal Ethics Conference.  His talk was typically engaging, honest, and interesting (it will not be news to many of our readers that Bellinger was an internal dissenter on...

|
17 Oct

Martin Holterman and Marko Milanovic have been kind enough to respond to my post on the ICTY's attack on Dr. Karadzic's right of self-representation, so it's only fair that I respond to their responses. To begin with, Martin writes that "[g]iven the precedent of the Milosevic case, and undoubtedly many others with which I am less familiar, I think we can...

|
16 Oct

The Obama Administration is becoming famous for their Friday night news dumps (deficit reports are always on Fridays).  So here is another one sure to anger some parts of their base, but which is carefully buried while everyone is watching the Yankees beat up on the Angels. The Obama administration has formulated a new policy for Sudan that proposes working with that country’s...

|
15 Oct

Curtis Bradley and Jack Goldsmith have a nice piece in Green Bag on foreign sovereign immunity as applied to current and former government officials. The article tees up the issues that will be presented in Samantar v. Yousef. Here is a key part of their argument: We agree with those courts that have concluded that suits against individual foreign...

|
14 Oct

The Washington Post reports that a prominent Democratic fundraiser and close ally of Senator John Kerry (chairman of the Senate Foreign Relations Committee) is seeking to be permitted to lobby on behalf of the current Sudanese government.  This may seem a little weird, and even morally distasteful, but it is another logical consequence of the engagement strategy.  As the hopeful...

|
10 Oct

I have no expertise in this area, so I'm not going to opine on the legality of Zelaya's ouster.  Two things, however, are worth noting.  First, the report that Julian mentions was not written by the Congressional Research Service -- a mistake that others on the right have made.  It was written by the Law Library of Congress.  Second, the...

|
09 Oct

This video from Anne Bayefsky of the Human Rights Council meetings on the Goldstone Report is fascinating (though I am not on board with her over-the-top attack on Goldstone personally).   But note the indiscriminate and  deeply hypocritical use of the words "genocide," "war crimes," and "crimes against humanity" by the least morally attractive member states of the HRC (How...

|