The somewhat surprising answer from U.S. Attorney General Michael Mukasey is "Yes!", or at least an acknowledgement that "the Nation remains engaged in an armed conflict with al Qaeda, the Taliban, and associated organizations, who have already proclaimed themselves at war with us and who are dedicated to the slaughter of Americans--soldiers and civilians alike." This is one takeaway from...
AFP is reporting that Radovan Karadzic, the former president of Republika Srpska and the former head of the euphemistically named Serb Democratic Party, has been arrested. This is great news -- if the ICTY had a "most wanted" deck of cards, Karadzic would be the Ace of Spades: As early as July 1991, the Bosnian Serb leaders, and in particular, Radovan...
As frustration with the Bush administration's War on Transparency continues to mount, scholars and pundits are beginning to suggest that the U.S. should think about creating a South African-style Truth and Reconciliation Commission to investigate the administration's many crimes. Nicholas Kristof is one example. Richard Clarke is another. And a third is Katherine Tiedemann, writing in The American Strategist: The South...
The New York Times has a prominent, page 3 international story datelined from the UN by C.J. Chivers, "US Position Complicates Global Effort to Curb Illicit Arms." Let me step here directly, but I hope carefully, into the international aspects of a very emotional US political debate. (And thanks to Glenn Reynolds once again for the Instalanche! I also want...
It's been a while since I wrote about Luis Posada Carriles, former CIA asset and admitted terrorist, who currently walks the streets of Miami as a free man due to the Bush administration's disinterest in punishing terrorism committed against countries the US doesn't like. Fortunately, Posada Carriles may not be free much longer, thanks to a decision by the Panamanian Supreme...
Something I missed while I was away: a substantial new tax on Americans who want out. As its name implies, the Heroes Earnings Assistance and Relief Tax Act of 2008 (will some self-respecting legislator please put a stop to bill names adding up to forced acronyms) is mostly about tax relief for service members and veterans. But there is also a...
Opinio Juris' good friend Bobby Chesney has dropped us a note to let everyone know that the National Security Advisors blog is being revived, with more content and new stuff. Check it out. And while I'm at it, thanks very much to Glenn Reynolds and Instapundit for the shout out about the new site! It's an Instalanche!...
Past and current presidents of the American Society of International Law today urged leaders in Congress to take legislative action to comply with the ICJ decision in Avena and halt the executions of Jose Medellin and the other affected death row inmates until the review required by the ICJ has been carried out. Full text of the letter is here. So, readers, is...
When international lawyers say that sovereignty is a social construction, I doubt any of us mean it as literally as does the Seasteading Institute, an organization founded by Patri Friedman, grandson of Nobel Laureate economist Milton Friedman, and Wayne Gramlich. Their goal is to foster a seasteading movement, people building structures on the high seas that would become independent and...
One of the most interesting aspects of the ICJ's recent order in Avena pertains to the Court's finding of jurisdiction under Article 60 of the Statute. Mexico filed the case as a request for interpretation about the meaning of the Avena judgment because the United States withdrew from the Optional Protocol. Thus, the only way for the ICJ to have jurisdiction is to find a dispute...
I noted a few days ago that the Security Council is unlikely to pass a resolution deferring the Prosecutor's investigation of Bashir, given the number of non-permanent and permanent members of the Council who are supporters of the ICC. I think that position is even more sound in light of the European Union's promise today -- on the 10th anniversary...
This item should take care of it, not the least because it appears on the op-ed page of the New York Times. The question of McCain's presidential eligibility, in light of his Canal Zone nativity, flared up again with the posting of this piece by Jack Chin (along with this report by Adam Liptak). Chin persuasively documents why McCain wasn't a citizen at...
