I want to weigh in on what has been a fascinating discussion of war and legality in the context of Iraq and Kosovo and also the lingering issue of the gulf between the US and Europe on these fundamental questions.First, on Julian's and Chris' comments about the rules governing the use of force and doctrines of interpretation: the problem for...
In discussing the Iraq War, many apologists for the Administration have picked up and discarded doctrines, methods of interpretation, and justifications, with alarming speed and with little concern for consistency. At the end of the day, if international legal rules concerning warfare are something they consider important, then they will have to enunciate a coherent view of what those rules...
Thanks everyone for commenting here. Although I have to run to class, I can't resist a quick response.I think international law matters, even for the use of force, but what is interesting is why it matters. It obviously matters more in the UK, where the PM felt he couldn't act without legal authorization and where UK soldiers could be subject...
Today's Wall Street Journal has an interesting, essentially right, but somewhat overbroad editorial ($) on the upcoming Medellin case before the Supreme Court. Medellin, most of you no doubt recall, will consider the domestic legal effect of an International Court of Justice judgment finding the U.S. in violation of its treaty obligations under the Vienna Convention on Consular Relations. In...
The World Health Organization is surely one international organization folks from all political stripes can support, no? Well, maybe...
Out here at the University of Missouri-Columbia we are hosting a symposium this weekend (Feb. 25-26), "Reflections on Judging: A Discussion Following the Release of the Blackmun Papers." The line-up of speakers includes judges (Duane Benton, 8th Circuit, Colleen McMahon, SDNY), scholars (Suzanna Sherry, Dan Farber, Ellen Deason, Ted Ruger, Greg Sisk, Larry Wrightsman, Joseph Kobylka, Chris Wells, Martha Dragich,...
Professor Geoff Manne of Lewis and Clark has written an interesting response to my previous post. The text of my post and his comment can be found here.He begins by stating:…hegemony IS internationalism, and thank god we're the hegemon. I don't say that out of some banal, jingoistic patriotism. I say that because in a (relatively) anarchical world, it...
Mexico's highest court ruled yesterday that a 30 year statute of limitations nullified the indictment of one of its former presidents on charges of genocide. This appears to be another case (like the recent Bolivia indictment) raising the question of whether genocide can apply to a government's attack on a group of protesters (this time 45 deaths occurred and its...
Although the legality of the Iraq War under international law has been a subject of some interest among academic international lawyers, there is not much evidence that this question troubled American decisionmakers (does anyone remember John Kerry complaining about the legality of the Iraq War?). But the U.K. is another matter. The “illegality” of the Iraq War has been...
Israel's State's Attorney Office has issued a report rejecting the International Court of Justice's advisory opinion that Israel's construction of a wall dividing Israelis and Palestinians violated international law. The opinion held that:The ruling last year by the International Court of Justice on the separation fence between Israel and the Palestinians was based on erroneous and outdated information...
So Douglas Feith doesn’t mind setting aside sovereignty at times. Other countries’ sovereignty, that is. And when the U.S. decides it should be set aside, without having to resort to U.N. approval.This is not internationalism, it’s just hegemony. By saying that Feith and the international law community may not have that many differences, Julian’s post makes a mole-hill out of...
An email asks about the Bolivia genocide indictment:"Why would you think that the repression of 60 people over natural gas would constitute genocide? You're the lawyer -- tell me."I take it that the email is skeptical that genocide could occur where only 60 people were killed and where the purpose of the repression was to promote natural gas development. These...
