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21 May

In the category of advertisements for myself ... Julian was kind enough to mention that EJILTalk is hosting a discussion of an article of mine called The Rise of International Criminal Law, which appeared in EJIL last year as part of its 20th anniversary issues.  It was a relatively short, but wide-ranging essay trying to assess, twenty years on, where ICL has gone and is likely to go, on a whole series of otherwise unrelated issues.  EJIL ran a response in the print edition by Amrita Kapur, and in addition responses at the online blog by her and by Brad Roth.  I have finally managed to get a response together, which is quite long and will run in three posts.  The other responses are linked at the beginning of that post, as well.  I have to thank publicly EJILTalk for running such a long response, which in many ways is practically a new essay - but especially Amrita Kapur and Brad Roth for reading so closely and with such nuance my original article.  I'm very grateful to them for so much close reading and thought.  Below the fold is a bit from my response.
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19 May

Prof. Chimene Keitner at UC-Hastings has posted a short essay in the online version of the Yale Journal of International Law criticizing the novel and influential interpretation of the Foreign Sovereign Immunities Act proposed by Profs. Curtis Bradley and Jack Goldsmith.  In a series of articles, Bradley and Goldsmith have argued that the FSIA's immunity for "foreign state[s]" should be interpreted...

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19 May

John Robb notes the following on his excellent Global Guerillas blog: Coast Guard and BP's private military contractors team up to enforce media and scientific blackout (part of BP's information operations campaign) on the Gulf of Mexico oil disaster. Here, they are caught on camera turning away a CBS film crew. Coast Guard officials say they are looking into the incident. I look forward...

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19 May

Interesting article from Reuters on the growth of drone warfare under the Obama administration.  One interesting note: drone attacks are being contemplated for Yemen, Somalia, and even against pirates.  Also, the key explanation for the Drone Wars appears to be the legal problems created by capturing, interrogating, and detaining individuals. Some current and former counterterrorism officials say an unintended consequence of...

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19 May

I continue to believe that this is a terrible idea: Spain's top judicial panel had suspended Mr Garzon on Friday pending his trial on charges he exceeded his authority by ordering an investigation into mass killings by the forces of former dictator Francisco Franco. The suspension from his functions as a judge was widely thought in Spain...

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19 May

Last week, President Obama submitted the Treaty with Russia on Measures for the Further Reduction of Strategic Offensive Arms to the U.S. Senate.  Reading it is tough going, given all the technical terminology. A couple of not very profound observation: 1) Is this Treaty self-executing?  For the many pro-self execution folks, the answer should be yes (look at the Supremacy Clause!)....

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19 May

The young Somali captured last year in dramatic U.S. Navy operation has plea bargained himself into a minimum 27 year sentence. A Somali man has pleaded guilty in New York's court to seizing a US ship and kidnapping its captain last year. Abdiwali Abdiqadir Muse now faces a minimum of 27 years in prison. He is expected to be sentenced in October. Muse...

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18 May

I guess this is why they need a ban on the burka in France. Stories like this make France seem decidedly more unpleasant for certain Muslims than Arizona is for illegal immigrants: France had its first case of “burka rage” at the weekend when a shopper allegedly tried to pull the veil from the face of a Muslim woman and the...

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18 May

There's a post that's been making the rounds in the science fiction blogosphere that warrants note by those interested in international law, especially in regards to issues of international trade, development, and regulation. The piece is by Ghanaian writer Jonathan Dotse and it concerns the rise of African cyberpunk. Before getting to Dotse's post, though, a couple of words on cyberpunk itself. Cyberpunk is...

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17 May

Justice Kennedy has returned to foreign sources in his Eighth Amendment jurisprudence with today's decision in Graham v. Florida, striking down state statutes sentencing juveniles to life without parole for crimes other than homicide: [A]s petitioner contends and respondent does not contest, the United States is the only Nation that imposes life without parole sentences on juvenile nonhomicide offenders. We also...

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