With the number of the exonerated now at 240, giving prisoners the right to prove their innocence through DNA testing would risk “unnecessarily overthrowing the established system of criminal justice.” It might lead to a reasonably accurate one....
As most people probably know by now, the Washington Post, completely overburdened by liberals like Charles Krauthammer, Bill Kristol, George Will, Jim Hoagland, Michael Gerson, Robert Kagan, Fred Hiatt, David Broder, Richard Cohen, John Bolton, Joe Lieberman, and Douglas Feith, has fired Dan Froomkin, author of the wonderful blog White House Watch. Froomkin has yet to say anything about his firing, other than that...
David Bernstein is back with another attack on Human Rights Watch. This time, he's up in arms that an HRW official had the temerity to criticize Israel in Saudi Arabia during a fundraising dinner: A delegation from Human Rights Watch was recently in Saudi Arabia. To investigate the mistreatment of women under Saudi Law? To campaign for the rights of homosexuals,...
Scott Horton has a typically must-read post today at Harpers.com on Jose Padilla's lawsuit against John Yoo, which, happily, just survived a motion to dismiss and appears to be headed to trial. Scott takes apart the state-secrets defense advanced by both Yoo and -- predictably -- the secrecy-obsessed Obama administration. Here's a taste: In seeking dismissal, Yoo argued that the case...
Florence Hartmann's contempt trial began today at the ICTY. Hartmann, a celebrated journalist who served as the Tribunal's spokesperson from 2000-2006, is charged with knowingly disclosing confidential Tribunal information: On 10 September 2007, a book entitled Paix et Châtiment, authored for publication by Florence Hartmann, was published by Flammarion. Pages 120-122 of the book Paix et Châtiment in particular disclose information...
I'm not a comparative constitutional-law scholar, but I find it interesting that, pursuant to Section 44(iii) of the Constitution of Australia, no one can serve in Parliament who "[i]s an undischarged bankrupt or insolvent." The solvency requirement harkens back to the bad old days of U.S. history, when most States prohibited individuals who did not own property from voting. But...
In various posts on OJ about Predator drones, targeted killing, and such topics, I've made reference to a book chapter I've been drafting for Benjamin Wittes's forthcoming edited volume of policy essays, Legislating the War on Terror: An Agenda for Reform (Brookings Institution Press 2009). I'm pleased to say that my chapter, Targeted Killing in US Counterterrorism Strategy and Law,...
Last month, the Obama Administration informed the Senate of its treaty priorities via a letter from the State Department (you can access it here). The letter lists 17 treaties for which the Administration seeks Senate advice and consent "at this time," including (as predicted here and here) CTBT, CEDAW, and UNCLOS. It also lists 12 treaties "on which...
I'm on the fly, but quickly wanted to post this update to my earlier posts on targeted killings and Predator strikes. The UN Special Rapporteur on extrajudicial execution, Philip Alston, has called for an investigation into US Predator drone attacks. Here is a quick news story on it. I think the press account somewhat overstates matters - I would characterize...
This post was written by Gabriel Swain, a Research Associate at the University of Kent's School of Social Policy, Sociology, and Social Research. I think the project's reports will be of great interest to our readers. Since its birth in the 1950s, the European Court of Human Rights (ECHR) has functioned, through implementation of the rights guaranteed by the European Convention...
Karen DeYoung has a very interesting account of the on-going Predator drone campaign in Pakistan, on the front page of the Monday, June 1, 2009 Washington Post, "Al Qaeda Seen as Shaken in Pakistan." The story is sourced to US intelligence and military officials, as well as some Pakistani officials, and recounts how the Pakistani army's campaign to retake the Swat...
This is bizarre on so many different levels: Moazzam Begg, from Birmingham, was captured by the CIA and thrown in jail at Guantanamo Bay in 2003. The 41-year-old, who was released in 2005, will now feature as himself in the game for Microsoft's Xbox 360. In the game, players control a detainee at the camp, which has...
