In association with the International Commission of Jurists

General

23 Aug

Professor Sam Estreicher of NYU has an interesting and provocative new take on the "so-called proportionality principle" in the law of armed conflict that was recently published by the Chicago Journal of International Law. The focus of this article is on the so-called principle of “proportionality,” which regulates the conduct of warfare in an effort to limit harm to civilians during...

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22 Aug

While the world waits to learn the fate of embattled Libyan leader Muammar Gaddafi, the trial of another former Mid East Leader, President Hosni Mubarak of Egypt, is currently underway.  In terms of international interest, Mubarak may be no Gaddafi.  But since the Mubarak trial concerns the former President of a strategicly important country charged with ordering the killing of unarmed protesters challenging his rule, it has...

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21 Aug

DARPA will be making a grant award this fall to some organization to address interstellar space flight: In what is perhaps the ultimate startup opportunity, Darpa, the Defense Advanced Research Projects Agency, plans to award some lucky, ambitious and star-struck organization roughly $500,000 in seed money to begin studying what it would take — organizationally, technically, sociologically and ethically — to send...

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19 Aug

After 200 years of quiescence, Piracy has re-emerged as a major problem for world shipping.  A recent report has documented that Piracy has resulted in more than $12 billion in losses in the past twelve months alone.  According to an August 11, 2011 article in the Guardian, Piracy is also significantly hampering food aid to drought-stricken Somalia, resulting in thousands of deaths.  Somali...

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19 Aug

Let me respond to Kevin’s thoughtful post and discuss an opportunity for judicial review of an (implicit or explicit) elected branch assertion of the existence of an armed conflict.  (After all, I promised Raha an example that I have not yet provided.) In my opinion, Hamdan is not an example of such judicial review.  The Bush administration did not argue that...

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19 Aug

Apologies for the non-existent blogging of late -- a few weeks ago a car knocked me off my bike, breaking a small bone in my forearm and badly bruising my ribs.  I didn't need surgery or even a cast, fortunately, but I haven't been able to type more than a short email until the past few days.  This is probably...

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18 Aug

In response to my last post, Raha Wala asked a wonderfully difficult question.  I have argued below, as well as here and here, that judicial review of executive war measures against U.S. citizens in armed conflict is not only permissible but may even be constitutionally compelled (in cases meeting other prerequisites to the exercise of judicial power).  Raha asked whether I believed...

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17 Aug

It is a great pleasure to be invited to be a guest blogger on Opinio Juris for the next few weeks. Please stay tuned for my upcoming blogs about Somali piracy and the Hosni Mubarak trial later in the week. For my first blog, I want to weigh in on the provocative question of whether the UN Security Council should consider...

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16 Aug

As well as John Dehn, whom Peggy has previously welcomed, we would like to welcome Michael Scharf to guest blogging with us for the next couple of weeks. Mike is probably well-known to many of our readers, especially those with an interest in international criminal law. He is the John Deaver Drinko-Baker & Hosftetler Professor of Law and director of...

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16 Aug

I’d like to call attention to comments by Ben Wittes over at Lawfare regarding two recent New York Times editorials.  Both editorials essentially deal with issues of accountability in armed conflict.  One voiced (understandable) skepticism regarding government claims that the CIA’s drone programs have caused no civilian deaths in the past year or so.  The other commented on a Seventh...

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15 Aug

First and foremost, I express my sincere appreciation to all of the Opinio Juris contributors (as well as special thanks to Peggy for the generous introduction).  Their hard work and keen intellects have made this site one of the preeminent public forums for discussing international legal issues and related matters.  Though I have been an active commenter and occasional guest...

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15 Aug

Opinio Juris is pleased to welcome for an extended guest-blogging stint our friend and frequent contributor, John Dehn.  John holds the rank of Major in the U.S. Army and currently serves as Senior Fellow at the Center for the Rule of Law at the U.S. Military Academy at West Point.  John has taught international law, constitutional law and military law...

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