In association with the International Commission of Jurists

General

28 Sep

A federal district court in Washington has ruled that the answer is no. In Biton v. Palestinian Interim Self-Government Authority, the court ruled that it had jurisdiction over the Palestinian Authority, and that recent developments do not confer sovereign immunity on defendant. The defendant argued that: We recognize that the court previously has held that [D]efendants are collaterally estopped...

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28 Sep

With all the press about the recent annual meeting of the Clinton Global Initiative, I thought it was worth opening up some discussion about this new organization. If you spend a few minutes on the webpage, or read a few articles about the annual meeting, you cannot help but be impressed. This is not Davos, or the Aspen...

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27 Sep

A few weeks ago, I mentioned my colleague John Ip's new essay "Comparative Perspectives on the Detention of Terrorist Suspects," which recently appeared in a symposium issue (edited by our colleague Tung Yin) of Transnational Law & Contemporary Problems. John's essay is now available on SSRN. Here is a snippet of the abstract:This article examines the different approaches...

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27 Sep

The common refrain of constitutional comparativists is that foreign experiences offer persuasive authority that may serve as a useful guide to judges in their constitutional decision-making. The idea is, as Justice Breyer has argued, that since all modern democracies are facing the same basic problems and are searching for the same basic answers, why not examine how other constitutional...

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26 Sep

I have posted a substantially revised version of my essay "Mistake of Legal Element, the Common Law, and Article 32 of the Rome Statute: A Critical Analysis" on SSRN. The essay is now forthcoming in the Journal of International Criminal Justice. Here is the abstract:Article 32(2) of the Rome Statute provides that "[a] mistake of law may...

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26 Sep

Bush at the United Nations today:In Sudan, innocent civilians are suffering repression -- and in the Darfur region, many are losing their lives to genocide. America has responded with tough sanctions against those responsible for the violence. We've provided more than $2 billion in humanitarian and peacekeeping aid. I look forward to attending a Security Council meeting that will focus...

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26 Sep

The Sudanese government has proven endlessly creative at resisting genuine progress toward peace, but I don't think this strategy is going to do it much good:The Sudanese government has begun filing a defamation lawsuit against Amnesty International for a report on torture against political prisoners in the country, the justice minister said Wednesday. The London-based rights group said in statement last...

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25 Sep

U.S. presidential candidate Mitt Romney has joined a growing public movement to "indict" Iran's President Mahmoud Ahmadinejad for incitement to commit genocide against Israelis. In his letter to the U.N. Secretary General from last week (and developed more here), Romney writes, If President Ahmadinejad sets foot in the United States, he should be handed an indictment under the Genocide Convention....

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25 Sep

I have had two wonderful days at Princeton's Center for Theological Inquiry with Jeremy Waldron, Mary Ellen O'Connell, Nicholas Grief and noted theologians discussing the intersection between theology and international law. One of the topics that came up was whether international law is teleological. My strong assumption is yes. Albert Schweitzer in his Nobel Peace Prize lecture talks about...

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25 Sep

Local actors are having a foreign policy field day lately. Yesterday, California Governor Arnold Schwarzenegger accepted an invitation from the UN Secretary General Ban Ki-moon and addressed the U.N. General Assembly. You can watch the Governor’s speech here (or read a transcript here). Schwarzenegger’s speech focused on what California is doing about climate change. Emphasizing that...

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