Over the past few weeks, the Bush administration has repeatedly tried to legitimize the military commissions by comparing them to the trials held at Nuremberg. First, William Haynes invoked Nuremberg in defense of his belief that the military commissions would provide detainees with fair trials:When asked if he thought the men at Guantánamo could receive a fair trial, Davis...
When I teach Foreign Relations, the first order of business for the class is to identify every provision of the U.S. Constitution that makes some explicit reference to foreign relations. (Of course this is somewhat artificial, as there are many provisions of the Constitution that affect foreign relations even though they make no explicit mention of foreign relations.) ...
The U.S. Court of Appeals for the Second Circuit has affirmed a lower court opinion dismissing a lawsuit brought seeking damages for the U.S. military's use of Agent Orange during the Vietnam War (Vietnam Ass'n for Victims of Agent Orange v. Dow Chemical Co). For me, the most interesting and doctrinally significant part of the decision is the Second...
So, after much prodding, I have officially joined Facebook. I even have three friends — which means that I'm only 229,997 behind a Facebook group that recently organized world-wide protest against FARC, the Revolutionary Armed Forces of Columbia:What began as a group of young people venting their rage at the Revolutionary Armed Forces of Colombia (FARC) on Facebook, an...
Further to Julian's post on Friday, the ICC has already made clear that it has no intention of lifting the warrants:The office of the prosecutor of International Criminal Court Thursday insisted arrest warrants for Lord's Resistance Army, or LRA, rebels in Uganda remain in effect following news Kampala has agreed to set up national courts to handle LRA crimes. "The office...
Interested in learning more about the political farce that the military commissions have become? Run, don't walk, to Scott Horton's fantastic "The Great Guantanamo Puppet Theater" at Harpers.com. On these issues, Scott (like Marty Lederman) is always an invaluable read. ...
During my latest blog-blackout, I missed the latest from Uganda. Apparently, the LRA-Uganda peace talks have reached agreement on a domestic process for prosecuting war crimes. The Ugandan government and the Lord’s Resistance Army (LRA) rebels on Tuesday signed a major agreement on how to deal with crimes committed during the brutal nearly 22-year insurgency in northern Uganda. The...
Wow — he must really think the military commissions are unfair:...
Judith Resnik gave an interesting talk on local foreign policymaking at Peggy McGuinness’ terrific Missouri v. Holland symposium week before last, based an article she has forthcoming in the Emory Law Journal (proofs here). She catalogues all the (mostly good) ways in which localities are emerging as international actors. Some of the themes echo others' work (see for...
Well, sort of. Obama has racked up another impressive primary victory, this time among Democrats living abroad. The contest was held between February 5 and 12, and included Internet voting in addition to the more conventional mail balloting. Otherwise it's not a new phenomenon - Democrats Abroad has been holding primaries since 1976. Two things that are interesting...
Last year, I participated in a symposium at Lewis & Clark Law School--Crimes, War Crimes and the War on Terror. The symposium edition of the Lewis & Clark Law Review (vol. 11) containing the resulting essays is now out. Here's the line-up: John R. Kroger & John T. Parry, Introduction Kelly Moore, The Role of Federal Criminal Prosecutions in the...
Professor Tony Arend of Georgetown has posted a legal analysis of Kosovo's declaration. Tony considers some of the same analytic territory I cover in this post and this post (Res 1244, the Quebec case, the defintion of a "people,") and his whole post is well worth the read. I will focus on one point of Tony's analysis, in which he touches...
