In association with the International Commission of Jurists

Topics

27 Apr

Release of Obama's long-form birth certificate won't satisfy the real conspiracists: they are already all over putative discrepancies in the document.  But the document doesn't extinguish another birther argument: Obama wasn't a "natural born citizen" because he had dual citizenship at birth.  Here's an example from among the many birthers who have hit their comment buttons today: Thank you, Mr President...

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27 Apr

Not surprisingly, conservatives and the Obama administration are falling all over themselves to praise Paul Clement for his brave willingness to represent the House of Representatives at the low, low rate of $520.00 per hour -- practically pro bono.  The idea that zealous representation is an end in itself, regardless of client or cause, is one of the most basic...

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26 Apr

Numbers of folks I’ve been talking with recently — desirous of going forward with humanitarian intervention in Libya, but mindful that international altruism by the Western democracies goes forward only with few casualties among their armies — seem suddenly to have concluded that drones are a wonderfully discriminating weapon. Perhaps I am unfair, and anecdote is not data, but let’s just...

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26 Apr

At Lawfare today, Ben Wittes criticizes King & Spalding for refusing to help the House of Representatives defend the Defense of Marriage Act (DOMA) in court.  His argument turns on an analogy between representing the House and representing Gitmo detainees: Sometimes, the politically unpopular client is the House of Representatives, not a Guantanamo detainee. Sometimes, the contested legal questions...

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25 Apr

Lindseth’s book is a highly valuable analysis of the administrative roots of the European Union, which will be of real service to scholars and students in the field.  Although it is impossible to do justice here to his rich and, in many ways, provocative thesis, he argues that the legitimacy of the European project is drawn from administrative law and...

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25 Apr

We're pleased this week to host a discussion of Peter Lindseth’s new book, Power and Legitimacy: Reconciling Europe and the Nation-State (OUP 2010).  Peter is Olimpiad S. Ioffe Professor of International and Comparative Law at the University of Connecticut Law School.  Among other honors, Peter he has been a fellow and visiting professor in the Law and Public Affairs (LAPA)...

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25 Apr

That question is raised by the ICC's investigation of the post-election violence in Kenya, which included a number of forcible circumcisions of Luo men.  According to IRIN Africa, although the OPT originally alleged that the forcible circumcision qualified as the crime against humanity "other form of sexual violence" under Article 7(1)(g) of the Rome Statute, the Pre-Trial Chamber reclassified the...

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24 Apr

Fine long article in the Washington Post today by Peter Finn and Anne E. Kornblut on why President Obama has not fulfilled his promise to close Guantanamo Bay.  Detailed, measured, and comprehensive, with an excellent timeline graphic.  I agree with Ben Wittes’ take that the best bit of reporting detail is this: On Obama’s inauguration night, when the new administration instructed military prosecutors...

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22 Apr

Ken's post and the comments following it display an understanding that drones are particularly well suited to this mission because their longer loiter time makes them more discriminating and therefore more capable of proportional strikes than manned aircraft. As someone who has personal experience with the difficulties of discriminating between combatants and civilians while accurately delivering weapons from manned...

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21 Apr

Jack Goldsmith notes at Lawfare: Last Monday Harvard Law School conferred its medal of freedom on one of its graduates, General Mark Martins, Commander of the Rule of Law Field Force -Afghanistan.  The Harvard National Security Journal has just posted the speech, with slides, that General Martins gave for the occasion....

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21 Apr

The US has now deployed armed drones over Libya, according to press reports.  Drone systems have been operating as surveillance systems for weeks now, but acting on a NATO request, the US has now put up at least two weaponized drones in the Libya conflict. The logic of this move is inescapable.  NATO countries launch air strikes against Libyan army assets, making...

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