Look much beyond the blogosphere and you’ll be hard pressed to find many headlines about Jeh Johnson’s important speech at Oxford last week. But important it was. Here are three more of the reasons why I think so. 1. It is difficult to overstate the depth of the scholarly consensus that existed (before last week) around the view that when Congress...
Upcoming Events The next session of the Joint International Humanitarian Law Forum takes place on December 5, 2012 at the IDC Radzyner School of Law. Dr. Ben Clarke will discuss his new article "Beyond the Call of Duty: Integration of International Humanitarian Law in Video Games and Battlefield Training Simulators". More information can be found here. Calls for Papers The International Community Law...
A number of commentators have challenged my claim that Articles 11(2) and 12(3) of the Rome Statute would permit Palestine to accept the ICC's jurisdiction retroactively, whether as a member-state or on an ad hoc basis. Here, for example, is what my friend Jennifer Trahan wrote yesterday at IntLawGrrls: Even if an entity becomes a "state," should there be jurisdiction that...
A recent meeting of the International Commission on the Conservation of Atlantic Tuna (ICCAT) has been heralded by environmental groups as a win for science in the management and conversation of scarce resources on the high seas. One of the species within ICCAT’s jurisdiction is the Bluefin Tuna, a species that has famously declined, and some would claim, collapsed in...
This week on Opinio Juris, Kevin Jon Heller wrote about Niger's offer to extradite Saadi Gaddafi to the ICC, should this be requested. Kevin also discussed the conditions attached by the UK for a vote in favour of Palestine's "non-member state" bid in the UN General Assembly. The requirement that the Palestinian authority does not apply for ICC or ICJ membership...
Today is Argentina Day here at Opinio Juris! (OK, it is Bash-Argentina Day). In any event, it is worth highlighting that while Argentina has escaped for now a NY federal court ruling that would have forced it to pay holdout creditors next month, it is also battling Ghana at the International Tribunal for the Law of the Sea. The request...
Thanks to Ken for posting the link to Jeh Johnson’s important speech below, and bravo to Jeh Johnson for saying it aloud. In addition to the central passage Ken highlights, I might add this from Johnson’s speech (to reiterate, Johnson is General Counsel to the U.S. Department of Defense). “War” must be regarded as a finite, extraordinary and unnatural state of...
Quick note further to Deborah's post on the "end-game" of the current US counterterrorism regime. In category of great minds think about the same things, if not precisely alike, the same day Deborah posts, Defense Department General Counsel Jeh C. Johnson gives a speech at the Oxford Union, “The Conflict Against Al Qaeda and its Affiliates: How Will It End?” Ben...
If you haven’t already seen it, it’s worth taking a look at this morning’s editorial in the New York Times about the Administration’s targeted killing program. The editorial follows on a series of articles in recent weeks, including the Times’ own report that the Administration was in a scramble pre-election to codify (in some form) internal processes for deciding...
I have a Forbes.com op-ed today providing a fuller version of my critique of Argentina's legal arguments over the ARA Libertad. (It's worth noting that Argentina is actually heading toward yet another financial crisis spurred by a recent New York court decision, which I didn't have time to incorporate into this piece.) Last month, a court in Ghana detained the ARA Libertad, an Argentine...
As expected, the UN General Assembly Resolution granting non-member state status to Palestine passed on Thursday. Israel's UN ambassador has called it a "reward for terrorism". This article compares the votes of the European nations on Palestine's UNESCO membership last year, and this year's vote, and concludes that European support shifted towards the Palestinian authority. Private Bradley Manning took the stand...
I've been meaning to discuss the AP's recent claim that an obviously fraudulent graph provided to it by an unnamed country (almost certainly Israel) proves that Iran is trying to build a nuclear weapon. As is often the case, however, Glenn Greenwald beat me to it. If the AP were capable of shame, it would immediately retract the...
