Alan Dershowitz published an editorial yesterday in the Wall Street Journal that argues Israel's attacks on Hamas in Gaza are "perfectly proportionate." I have no desire to argue the substance of that point, in part because views on Israel and Palestine are largely impervious to facts or argument (on both sides), but largely because the concept of proportionality is so...
The Somali piracy problem is not really a military one. No one doubts that the world's modern navies can overwhelm any pirates they find. The problem is really administrative and legal. For instance, France's recent reported capture of more Somalia-based pirates is kind of cool, but what has really been accomplished. According to this report, France is planning to take...
I guess what surprises me is that the Vatican ever did have a rule of automatically adhering to international law. But as of yesterday, that rule, along with the rule automatically adopting Italian law as part of its internal legal order, is history. The Vatican has [] decided to scrutinise international treaties before deciding whether or not to adhere to...
What happens to litigation that obviously should be pursued in a foreign country but is prevented from doing so by a forum non conveniens blocking statute? That's the question presented in a recent Florida state court case of Scotts Co. v. Hacienda Loma Linda. Here are the basic facts: Scotts sells a product to Hacienda that allegedly...
From a recent interview with the Wall Street Journal: "[F]or some reason, I am portrayed as the one who is evil in formulating policies that people disagree with. I consider myself a casualty, one of the many casualties of the war on terror." The mind reels....
Germany has sued Italy before the ICJ challenging successful Italian lawsuits that have denied Germany's sovereign immunity arising out of World War II forced labor claims. The ICJ press release is here. Here is Germany's key argument: “In recent years, Italian judicial bodies have repeatedly disregarded the jurisdictional immunity of Germany as a sovereign State. The critical...
As I have mentioned before, France and the UK have expressed their willingness to support deferring the ICC's investigation of Bashir if the Sudan prosecutes Ahmed Haroun and Ali Kushayb domestically. It doesn't look like the Sudan is going to take them up on their offer: [Ali Karti, the State Minister at Sudan's Ministry of Foreign Affairs] reiterated the ability of...
The Jordanian Bar Association (JBA) is on a roll. In addition to participating in the seminar I discussed in my last post, the JBA has also asked the Jordanian government -- Jordan is one of three Arab states that have ratified the Rome Statute -- to formally request the ICC's Assembly of States Parties (ASP) remove Moreno-Ocampo from office because...
The Baron could not produce epigrams; he required at least four sentences of six lines each to be brilliant. (The Red and the Black, part II, chapter 34, "The Hotel de La Mole." Sometimes, alas, I fear this is me.)...
I know, fisking pro-Bashir propaganda is kind of a pointless task, but the article made me mad with its shameless inaccuracy. It's unfortunate that so many Arab readers -- the original article was published in the Al Rai Jordanian Daily -- are exposed to this kind of garbage concerning the ICC and Darfur. Without further ado, the fisking...
The blogosphere is all atwitter with news that the CIA has been using Viagra to bribe Afghan chieftains into revealing information about the Taliban. I was going to point out that, however successful the erections-for-info exchange might be, it is worth wondering to what extent the practice facilitates rape, marital and otherwise. But it appears Cara at Feministe has beaten...
Dan Drezner, a political scientist at Tufts and well known public intellectual aka blogger, has a short column at The National Interest from early December asking why it is that so many of the important foreign policy jobs in the Obama administration are going to lawyers, rather than to public policy or foreign affairs school graduates. Dan starts with Dani...
