I have spent a fair bit of time the past couple days reviewing the Supreme Court's docket for the upcoming term with an eye for any cases that might be of particular interest to our readers. Here is my list of the most important cases that are germane to our discipline. The big issues are (1) senior government...
The Daily Monitor Online, the web presence of one of Uganda's leading independent newspapers, has an interesting article today suggesting that the newly-enacted Child Soldiers Accountabilty Act could be used against senior officials in the Ugandan People's Defence Force (UPDF) -- the armed forces of Uganda -- if they traveled to the US: While no senior officer in the UPDF has...
Professor Charli Carpenter (of UMass Amherst Political Science Department) and I had a lovely conversation over the weekend about battlefield robots. Well, actually it was an interview for a project of hers, so she let me do pretty much all the talking. She has now posted some thoughts of her own, in highly interesting, highly recommended (for that small chunk...
It's about time: The American Psychological Association has notified President Bush of a significant change in the association’s policy that limits the roles of psychologists in certain unlawful detention settings where the human rights of detainees are violated. The new policy is in response to actions that have occurred at the U.S. naval base at Guantanamo Bay, Cuba, and at so-called CIA...
These people have no shame: Pentagon prosecutors are asking a military judge to reverse himself and reassemble the jury that convicted Osama bin Laden's driver at Guantánamo, seeking to overturn a sentence that could make the first war court convict eligible for release by New Year's Eve. At issue is a decision at the first U.S. war crimes tribunal since World War...
Two weeks ago I was in Houston for a conference at South Texas College of Law organized by Geoff Corn entitled Law, Ethics and the War on Terror (more on that in another post). While there I had the pleasure of meeting Amos Guiora. As many readers of this blog probably know, Amos teaches at S.J. Quinney College of Law,...
Thou shalt not incite public curiosity. It is perhaps the most curious of international obligations. But there it is, expressly required in the Geneva Conventions: prisoners of war "shall be protected ...
Who would have thought that the US would emerge as the most committed supporter of the ICC in Darfur? From the "Hague Invasion Act" to protecting the Court from the spinelessness of its erstwhile supporters, the UK and France: "If asked—if forced to vote today—the United States, even if it was 191 countries against one, would veto an Article 16 [resolution],"...
Along with my co-author, Joshua Newcomer, I've posted a new article on SSRN -- "Political" Commitments and the Constitution. It's forthcoming in the Virginia Journal of International Law, so I expect readers will get a chance to comment on it here at Opinio Juris once it's in print as part of our regular VJIL symposia. But, we'd also welcome comments...
This just gets more and more interesting. Lt. Col. Vandeveld has said he will testify for the defense -- but only if he is given immunity from prosecution: Defense attorneys asked the judge to give Vandeveld immunity. "The suggestion he may have something criminal to hide is intriguing and suggests there is something very, very important this commission needs to get...
I wish I could say I was surprised: Long before Mr. Hussein was hanged on Dec. 30, 2006, with supporters of Iraq’s new Shiite-led government taunting him as the noose was tightened around his neck, a pattern of intervention by powerful Iraqi officials had been established. The court’s first chief judge was dismissed under government pressure for giving Mr. Hussein too...
Shocking: An Army prosecutor has resigned from the Guantánamo war court in a crisis of conscience over plans to try a young Afghan accused of throwing a grenade rather than settle the case out of court, according to an affidavit filed with the court Wednesday. Army Lt. Col. Darrel Vandeveld, a reservist from the Pittsburgh area, becomes the fourth known prosecutor to...
