The very first post I wrote for Opinio Juris -- more than two years ago, when I was guest-blogging -- was about the inequality of arms that exists between the prosecution and defense at the international tribunals. I recall spending hours on the post, mustering facts, honing my arguments, polishing my prose. I was proud of my first...
[Professor Elihu Richter teaches at Hebrew University-Hadassah School of Medicine and Public Health and heads the Program on Genocide Prevention. This post follows up on last week's discussion of Susan Benesch's VJIL article.] I congratulate the Virginia Journal of International Law for hosting this web-based discussion with Susan Benesch and Greg Gordon (among others) on the legal aspects of incitement...
From Convictions, his argument that a Democrat president won't show any more respect for IL than Bush has, paired with an engaging episode of bloggingheads.tv with Heather Hurlbut (for those of you with busy lives, you can listen to Eric and Heather talk really fast with the new 1.4x function!). Eric takes his usual skeptical view of international law,...
John Ruggie, the Special Representative of the Secretary-General on Human Rights and Transnational Corporations, issued a draft report last week that "presented a conceptual and policy framework to anchor the business and human rights debate." The section that particularly grabbed my attention was on corporate complicity for human rights violations. Notice the shift toward recognition of corporate responsibility...
Pope Benedict XVI's address at the United Nations General Assembly last week is definitely worth a read for anyone concerned about human rights. Here is an interesting excerpt on the natural law underpinnings of all human rights: This reference to human dignity, which is the foundation and goal of the responsibility to protect, leads us to the theme we are...
Since being unanimously acquitted by the ICTR Appeals Chamber in 2006, Andre Ntagerura has lived as a virtual prisoner in a UN safehouse in Arusha, unable to find a country that will take him. Last November, he filed a motion asking the ICTR to order Canada, his first choice, to grant him asylum. On Wednesday, the Court decided...
I realize that Bluebook bashing is something of a varsity sport among legal academics. And yes, much of the Bluebook's arcana is profoundly annoying. But you know what? I'll take that arcana over social science citation any day. I've been writing another "cognitive psychology of [insert concept here]" essay — mens rea, this time — and...
Last week State Department Legal Adviser John Bellinger delivered an important speech at Vanderbilt Law School on Alien Tort Statute litigation. The speech was a fascinating analysis of the future of ATS litigation, particularly its costs and benefits. To my knowledge, the speech is the first comprehensive statement ever by a senior Administration official, Republican or Democratic, about...
I am indebted to Professor Gregory Gordon not only for his comments now, but for his own published work on incitement to genocide, and for fruitful debates that we are continuing here. As he knows, I disagree with his contention that the ICTR jurisprudence has identified or even “gleaned” as he puts it, a four-part test for incitement to genocide....
[Gregory Gordon is Professor of Law, University of North Dakota School of Law.] I would like to begin by thanking Opinio Juris for inviting us to have this important discussion here about the crime of direct and public incitement to commit genocide. I would also like to congratulate Susan Benesch on her excellent article regarding this verbal harbinger and...
Professor Mark Drumbl has put his finger on a key conundrum: that early, “entrepreneurial” speech offers the best opportunity for genocide prevention because it is the speech that primes a society for genocide, but it is also far more difficult to define than blatant incitement, uttered on the brink of genocide. The problem was beautifully captured in metaphor by a...
[Chimène Keitner is Associate Professor of Law, UC Hastings Law School.] I’m delighted to join this conversation about Susan Benesch’s analysis of the international crime of incitement to genocide. As Susan’s title indicates, she seeks to distinguish this crime from the exercise of free speech rights guaranteed under U.S. law. Viewed in this light, her project forms part of an ongoing...
