Cross-posted at Balkinization If, as I argued earlier this week, the 2001 AUMF passed by Congress cannot be read to authorize the growing set of U.S. military actions against Syrian and Iranian forces in Syria, does the President’s Article II power standing alone support these strikes? The best articulated argument I’ve seen that the President has the Article II power to...
As many readers are probably aware, the ACLU is currently bringing an ATS action against the two psychologists, James Mitchell and John Jessen, who allegedly designed and administered the CIA's torture program. Here is the ACLU's summary of the case, Salim v. Mitchell: The CIA paid the two men and the company they later formed tens of millions of dollars over the...
Cross-posted at Balkinization Because it’s too easy for our growing war in Syria to get lost amidst other also-pressing news, I want to be sure to note that last week ended with the Senate Foreign Relations Committee formally requesting the Trump Administration’s legal justification for a growing set of clashes between the U.S. military and armed forces allied with Syrian President...
When last we met William Bradford, he had just published an article in the National Security Law Journal (NSLJ) accusing centrist national-security-law professors of treason and advocating prosecuting them for providing material support to terrorists. After many scholars, including me, pointed out that the article was both absurd and deeply offensive, the NSLJ repudiated the article. (Alas, the journal has since scrubbed the...
Longtime readers of this blog may have noticed that one of my pet peeves is the incorrect usage of international legal terms in public and diplomatic discourse. Hence, Israel did NOT commit "piracy" during the 2010 Gaza flotilla raid despite lots of governments claiming otherwise. Cuba is not under a "blockade" despite tons of Cuban government propaganda otherwise. So you can imagine my...
Distracted by #ComeyDay and other international crises, I missed this recent U.S. federal court decision in Sexual Minorities of Uganda v. Lively, dismissing an Alien Tort Statute lawsuit on Kiobel extra-territoriality grounds. While using unusually critical language to denounce U.S. pastor-defendant Scott Lively's involvement in Uganda's anti-homosexual laws and actions, the U.S. District Court for Massachusetts held: ...
[Anthea Roberts is an Associate Professor at the School of Regulation and Global Governance, Australian National University.] In withdrawing from the Paris Accord, President Donald Trump emphatically rejected globalism in favor of nationalism. “As president, I can put no other consideration before the well-being of American citizens,” he explained. “I am fighting every day for the great people of this country....
[Daniel Bodansky is Foundation Professor of Law at the Sandra Day O’Connor College of Law, Arizona State University.] As usual, in his announcement yesterday about the Paris Agreement, President Trump spoke loudly but carried a small stick. Duncan laid out the options for withdrawal in his post earlier this week. Rather than choosing the “nuclear option” of withdrawing from the UN Framework...
I have just finished reading the novel, in which a burned-out former US Attorney joins the ICC to investigate the disappearance, and presumed murder, of 400 Roma in Bosnia. I have always been a huge Scott Turow fan; I've read every book he's ever written, most more than once, and the best one -- the classic PRESUMED INNOCENT -- five...
[caption id="attachment_33128" align="alignright" width="374"] Grand Justices of the Constitutional Court, Judiciary Yuan, Republic of China - Taiwan[/caption] In a first for Asia, Taiwan's Constitutional Court ruled today (with two dissents) that Taiwanese law limiting marriage to a man and a woman violated the Republic of China's constitutional guarantee of "equality before the law." (Taiwan is home to the exiled Republic of China government,...
[Anthea Roberts is an Associate Professor at the School of Regulation and Global Governance, Australian National University.] American exceptionalism is nothing new. Nor are debates about whether it is appropriate for US courts to look to foreign or international law, particularly when interpreting the US Constitution. Yet now-Justice Gorsuch’s recent testimony on the issue during his confirmation hearing still took my...
Big news (for international law nerds)! The full membership of the American Law Institute has approved the first three sections of the new Restatement of U.S. Foreign Relations Law (Fourth). This is the first official change to the venerable Restatement (Third) that was approved by the ALI back in 1987. Summaries of the changes to the newly approved sections on...
