The more things change, the more things stay the same -- at least with this administration: He had become the most vocal opponent of the trial of Guantanamo Bay detainee Omar Khadr, taking on a position more akin to politician than lawyer and launching a two-year public and media campaign that landed him on the front pages of newspapers and inside...
It's not exactly international law, but he was my professor at CU -- one of the very best I ever had -- and, in order to rule in his favor, the jury had to find that a majority of the Regents used his infamous 9/11 essay as a "substantial or motivating factor" in the decision to fire him. So I...
I know I shouldn't let mainstream American conservatives' ignorance of international law bother me, but it does. Today's example: The United States is not a signatory to the International Criminal Court, and Spanish judge and prosecutor Baltasar Garzon is a good reason why. He is considering a lawsuit by lawyers for human rights groups seeking the arrest and extradition of six former...
Following-up on my post on Harold Koh's nomination, in the first part of this post I round-up some links to new stories and blog posts on Koh's nomination. Moreover, after the "continue reading" jump there is a guest post from Prof. Anupam Chander of the University of California, Davis (currently visiting at the University of Chicago). In the last day or so,...
The UN Human Rights Council adopted a resolution last week on "Human Rights and Climate Change," in follow up to the January report by the Office of the High Commissioner on Human Rights on the Relationship between Climate Change and Human Rights, The Council resolution is significant less for what it says than for the fact of its adoption, which reflects...
I was very happy to hear last week the news that Dean Harold Koh of Yale, someone I have known for many years and whom I greatly admire, was being nominated to head the State Department’s Office of the Legal Adviser. It’s one of those picks that just makes sense: Koh is widely respected in the legal profession (among lawyers with a...
I recently posted an invite to a Chatham House international law discussion group about the new African Court on Human Rights. The event was obviously a rousing success, as the following report by Sonya Sceats indicates: Last Monday night (23 March 2009) at Chatham House we were very privileged to host a fascinating discussion about Africa's new regional human rights court,...
A quip that is often heard at gatherings international lawyers is "If I were [insert name of some prominent Bush Administration official], I wouldn't plan on any more vacations in Europe." Well, after all the talk of possible European prosecutions of one or more officials from the previous administration, the possibility has now taken a step closer towards becoming reality....
The Institute for War and Peace Reporting's article today about Darfur is entitled "Darfuris' Mixed Feelings Over Bashir Warrant." When I first saw the title, I thought that the article was going to discuss Darfuris who believe that the warrant will undermine the possibility of a lasting peace in the region. My bad: “We are really very happy about the arrest...
In response to my previous posts on the correct interpretation of Article 58, Alex de Waal asked three lawyers to answer the following two questions: 1. Did the Pre-Trial Chamber misinterpret Article 58's "reasonable grounds" standard? 2. If so, does the Prosecution Application establish reasonable grounds to believe Bashir is responsible for genocide? It's an interesting survey. Two of the three lawyers agreed...
It's called The Reckoning, and although I have not had a chance to see it yet -- like New Zealand, Australia lags embarrassingly behind the Northern Hemisphere in getting movies, especially documentaries -- I've heard nothing but good things. It even made Sundance, a tremendous accomplishment for any documentary. Here is the synopsis: Late in the 20th century, in response to...
More than 150,000 civilians under daily bombardment, with an estimated 2800 already dead (including 500 children) and more than 7000 injured. Water and medicine running short. The advancing forces rejecting a cease fire. And the UN High Commissioner for Human Rights raising concern about potential violations of international human rights and humanitarian law...
