The Supreme Court has granted the U.S. government's request to transfer Padilla to civilian custody in Miami. The one-page order is here. The key language is the following:"The Solicitor General has now filed with this Court an Application Respecting Custody and Transfer of Jose Padilla, seeking the same authorization previously sought from the Court of Appeals. Padilla has filed...
When addressing the treatment of individuals captured or detained in relation to the War on Terror, the Bush administration routinely emphasizes the United States commitment to respect the “principles” of the Geneva Conventions. The most recent example of this came during the recent visit by the Secretary of State Rice to Europe, where she reassured her European counterparts that the...
The Second Circuit last week rendered an important decision on the U.N. Convention on the Rights of the Child in the context of a deportation proceeding of an illegal alien. In Oliva v. U.S. Dep't of Justice, available here, the Second Circuit was faced with the question of whether the U.N. Convention on the Rights of the Child had achieved...
I want to follow up on Chris's great post summing up our past year, but there's a lot there. So in the meantime, I thought I'd point out one definitely non-top 25 IL event for 2005 or 2006. The NYT reports that the secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora has suspended...
Seth has finished his very successful tenure as a guest-blogger here at Opinio Juris and his legacy goes on. One of his posts on the potential for universal human rights deeply intrigued a colleague of mine at Hofstra, Bernard Jacobs, a professor of constitutional law and a classics scholar. His thoughtful and interesting response to Seth's post is below:I read...
Blogging can be an ephemeral activity: reacting to the issue of the day, every day. We move so quickly from topic to topic, that it is easy to lose track of all the issues that (at one time) we thought were so important.So here, in no particular order, is our take on the 25 (!) big stories in international law...
Our friends over at PrawfsBlawg and Concurring Opinions are co-hosting a law prof blog happy hour at Cloud, 1 Dupont Circle NW (New Hampshire Ave, south of the circle). I'll be flying the flag for Opinio Juris and want to extend an invitation to any OJ readers and friends of readers to stop by and say hello. There may even...
The highly publicized McCain Amendment is now law. In order to secure the commitment of the President to support this statutory codification of the principle of humane treatment, Senator McCain agreed to the inclusion of a “superior orders” defense. The compromise legislation therefore provides that in any criminal or civil...
Special thanks to Seth and Duncan for excellent guest blogging in December. We greatly enjoyed the quality (and quantity) of your posts. Duncan's background at the State Department and Seth's IR background provided real depth and insights to your posts.We are now pleased to welcome Geoffrey Corn as a guest blogger. Geoffrey is an Assistant Professor of Law at South...
Marty Lederman has posted this discussion at Balkinization of what the President Bush's signing statement to the final defense appropriations bill that includes the Graham (stripping jurisdiction of federal courts to hear habeas challenges brought by alien enemy combatants) and McCain amendments (outlawing use of cruel, inhumane and degrading treatment on detainees by US personnel) will mean and the coming...
The Economist (subs req'd) recently ran this article about the effect of anti-Americanism on the European sales of American-based brands. An empirical examination by political scientists Peter Katzenstein (Cornell) and Bob Koehane (Princeton) reveals that far from suffering ill effects of anti-Americanism following the US invasion of Iraq, US-based brands are prospering in Europe. Indeed, the actual sales reflect a...
In the traditional Message for the World Day of Peace message, Pope Benedict XVI had a number of important things to say about international institutions, nuclear disarmament, and armed conflict. He is extraordinarily critical of nuclear arms, describing governments that rely on nuclear arms for security as adopting a "baneful" and "fallacious" point of view. He appears to single out...
