In connection with some work I am doing on Lincoln and the ethics of war in the Second Inaugural, I have been interested in Lincoln's famous phrases in the Address that the "prayers of both could not be answered; that of neither has been answered fully," and others that bind north and south in the causes, and responsibility for slavery...
Belgium has filed a request for an order of provisional measures from the International Court of Justice against Senegal for that country's failure to prosecute former Chad dictator Hissene Habre. The press release describing Belgium's application lays out the legal theory, which boils down to: The Convention Against Torture and general international customary law. Belgium contends that under conventional international law, "Senegal’s...
It turns out conditions at the U.S. detention center in Guantanamo Bay do not violate U.S. obligations under Common Article III of the Geneva Conventions. So says a review of the detention center by the Pentagon that was ordered by President Obama. A Pentagon review of conditions in the Guantanamo Bay military prison has concluded that the treatment of detainees meets the...
While Georgia has already gotten a provisional meausres order from the ICJ and there is some movement in terms of restarting a diplomatic process after this summer's war between the two countries, the people of Georgia have decided to bring in the real arbiter of European politics: the Eurovision song competition. This yearly song competition is no stranger to high drama...
Last week I blogged about those incredibly irresponsible law professors who have tenure but do almost nothing to advance the institution. This week I want to turn the tables and talk about that delightful breed of law professors who are incredibly unselfish and manage to immeasurably improve the quality of the institution. Michael Lewis' wonderful article on the...
Normally, this is Brian Leiter's sort of thing. But, I thought I'd flag for interested readers the news that Duke Law School has hired Larry Helfer away from Vanderbilt Law School. The press release is here. News of the hiring made me wonder if this move means "business as usual" for international law hiring in the United States this year, particularly among...
It sorrows me to report what I'm sure many of you have now learned, that Alison Des Forges, one of the great human rights workers and senior advisor to Human Rights Watch Africa Division, died in the plane crash of the Buffalo Continental Express flight on Thursday night, February 12, 2009. I knew Alison back in the 1990s when we...
This recent survey shows that the major academic journals in political science are publishing more articles on human rights than they once did. No surprise there. Perhaps more interesting number would be to see how many relate to international law more generally. As with flagship law reviews, I suspect those numbers are up as well, perhaps dramatically....
Two items suggesting the possibility. First is this excellent piece from Harold Meyerson of The American Prospect, which sets out a strong case for the inevitability of global economic regulation (he is particularly interesting on the increasingly global scope of big labor). Meyerson draws on the old New Deal analogy, which is a powerful one -- up to...
In an effort to placate critics of the U.S. Congress's stimulus package, the final revised version apparently has toned down the earlier House of Representatives proposal requiring recipients of stimulus money to "Buy American" iron and steel only. Here is the additional provision added by the Senate, and I believe it survived the final version(all emphasis is added by me): SEC. 1604....
The ICC has formally approved the ICC Prosecutor's request for an arrest warrant against Sudan's President. Kevin's post below discusses what the theory of criminal liability will be, although the actual warrant is not yet public, so we'll have to wait to see if Kevin is right about joint criminal enterprise liability. I still think that this arrest warrant is unwise and...
Because he says things like this: [The ICC] has not opened investigations with regard to Russia's alleged war crimes in Chechnya and Georgia, where thousands of innocent civilians were killed. Nor has it opened investigations with regard to Pakistan, Afghanistan, Sri Lanka, Zimbabwe, the Congo and other places where civilians are routinely targeted as part of military and terrorist campaigns. That will...
