An excerpt of a motion challenging the legitimacy of the tribunal is here:“The Defense considers it their duty to point out at this juncture another peculiarity of this Trial which departs from the commonly recognized principles of modern jurisprudence. The Judges have been appointed exclusively by States which were the one party in this war. This one party to the...
Although those of us who blog here on a permanent basis come from a variety of perspectives, all of us are legal academics and no doubt our posts reflect the thinking of international lawyers.But there are other ways of looking at international relations, of course, especially from the discipline of political science. That is why we at Opinio Juris are...
Last week the 11th Circuit issued a decision in Jean v. Dorelien, available here, authorizing the plaintiffs ATS and TVPA lawsuit against the Haitian Colonel Carl Dorélien to go forward. In 1993, Dorélien allegedly subjected the plaintiffs relative, Michel Pierre, to torture, arbitrary detention, and cruel, inhuman and degrading treatment. The 11th Circuit reversed the dismissal of the lawsuit by...
Lots of breaking international news over at The Onion. As reported here, a group named the Army of Martyrs has acquired a quarter kilogram of plutonium, but then its terrorist efforts were thwarted after they discovered that not a single member of the group had the necessary physics and engineering background to construct a thermonuclear device. In addition, in this...
I figured Saturday morning would be a good time to publish a post specifically targeted at all those seriously overworked and slightly bored lawyers in law firms who simply must work this weekend. As Opinionista (the Law Firm Drone du jour) notes in her blogroll, this group is always in need of a few links to click when bored at...
The ACLU will be suing the C.I.A. (at least according to this BBC Report) alleging C.I.A. officials broke U.S. and international law "when they authorised agents to abduct an innocent man, detain him in incommunicado, beat him, drug and transport him to a secret CIA prison in Afghanistan. . ." The BBC refers to a press release, but I can't...
For the last several years Mexico had certainly thought so. But on Tuesday, Mexico’s Supreme Court decided to lift a ban on extradition of persons who would be subject to life imprisonment, reversing an earlier 2001 decision that had found such extraditions violated the prohibition on “unusual penalties” in Article 22 of the Mexican Constitution. As a result...
In Minister of Home Affairs v. Fourie the Constitutional Court of South Africa yesterday recognized the marriage of two women and gave the Parliament one year to extend legal marital rights to all same-sex couples. A copy of the opinion is here.Just a quick thought on one aspect of the Court decision, namely its methodology in relying on international law....
The story coming out of Iraq of four members of Christian Peacemaker Team being held hostage by an insurgent organization provides a new twist on hostage-taking in Iraq. There are several factors that make this situation so complicated.First, these hostages are pacifists. CPT is founded by Mennonites and Quakers and is one of the latest incarnations of that long pacifist...
SCOTUSBlog notes that the Fourth Circuit has, unusually, denied the government's unopposed motion to transfer former enemy combatant Jose Padilla to civilian custody. Instead, it has ordered the government to brief the question of whether the Fourth Circuit should vacate its current judgment upholding Padilla's detention as an enemy combatant in light of the new facts revealed by the government...
The International Criminal Court Assembly of States Parties has opened their second session in the Hague this week. The Assembly of States Parties is composed of representatives of all of the governments party to the ICC Statute, that is to say, those countries that have signed and ratified the ICC Statute.Of course, the U.S. has famously revoked its signature to...
First of all, I want to thank Chris, Peggy, Julian and Roger for letting me spend some time here at Opinio Juris. As an avid reader, I’m looking forward to the opportunity to exchange ideas with other Opinio Juris readers.To that end, I want to start off with a question about judicial treatment of non-self-executing treaties. U.S. courts have certainly...
