As Ken notes below in his birthday greetings, Opinio Juris is pleased to welcome back Professor Eugene Kontorovich, of Northwestern University Law School, as a guest blogger for the next week. Professor Kontorovich has done a lot of writing and thinking about legal and policy responses to piracy as well as a range of other private and public international law...
all of us here at OJ wish you a happy birthday! We're looking forward to reading your posts here, but hope you have a lovely birthday....
In the flower of his conversion, McNamara ended up supporting US participation in the ICC: I believe that the human race desperately needs an agreed-upon system of jurisprudence that tells us what conduct by political and military leaders is right and what is wrong, both in conflict within nations and in conflict across national borders. We need a clear code, internationally accepted,...
ABC reports that President Obama is considering the temporary use of executive agreements to create a news arms control treaty with Russia this winter. MOSCOW -- With the clock running out on a new US-Russian arms treaty before the previous Strategic Arms Reduction Treaty, or START, expires on December 5, a senior White House official said Sunday said that the difficulty...
KJH has already remarked here at OJ on the contempt trial in the ICTY of Florence Hartmann. Ruth Wedgwood (SAIS-JHU and also a fellow member of the Hoover Task Force on National Security and Law) offers an analysis at the American Interest online and, like Kevin, thinks this an unfortunate move by the tribunal....
to those celebrating it. (Not everyone at OJ rains on the July 4 parade!) For those in DC, in addition to the usual stuff, you might check out the historical reenactment of Frederick Douglass's July 5 speech, as Randy Barnett notes, at its historic site in Anacostia (Professor Barnett has a very interesting discussion and commentary on the speech at...
As happens every July 5th, tomorrow’s newspapers will carry reports of attractively diverse groups of immigrants naturalizing as U.S. citizens in uplifting ceremonies, flags waving, with predictable but heartfelt welcomes from judges and elected officials. This Independence Day ritual is perhaps the only public relations play of the federal government’s immigration agencies that seems to work. It bears out all...
I don't know quite what to make of this story from the AP of July 3, 2009: African leaders approve anti-ICC move By ALFRED de MONTESQUIOU – 9 hours ago SIRTE, Libya (AP) — African leaders have approved a contentious decision to denounce the International Criminal Court and refuse to extradite Sudan's President Omar al-Bashir. The final decision by the African Union heads of state...
Next week looks to be a busy one on Capitol Hill. As the Obama Administration Task Force on Detention nears its initial July 21 reporting deadline, both the House Judiciary and Senate Armed Services Committees will be holding hearings on a closely related topic: legal issues surrounding the use of military commissions to try offenses against the law of war....
I don't know whether one should believe this or not; via Megan McArdle, via Newmajority.com, which links to a news-service I have occasionally read, Avanova, but whose page comes up empty on my browser. I'm going to ask Eugene Kontorovich what he thinks (delighted to have Eugene guest-blogging with us!). Is this remotely plausible or urban legend? So, with all...
Let me follow up on Julian's post and add that Harold Koh was equally derisive of signing statements during the Bush Administration. Here's the transcript and video of an exchange between OLC nominee Dawn Johnsen and State Department Legal Adviser Harold Koh at the 2006 annual meeting of the American Constitution Society. Just a few choice excerpts that...
Was I unfair in calling Barack Obama "hypocritical" in issuing his (otherwise sensible and constitutional) signing statements last week? Hypocrisy is a strong charge. On the other hand, Obama explicitly denounced the "theory of George Bush that he can make laws as he is going along" by using signing statements and then flatly promised not to use any such statements...
