Today, the ICJ opened public hearings in the long-anticipated case between Bosnia and Serbia over Serbia's alleged responsibility for genocide during the 1993-1999 Balkan wars. The ICJ has decided to make everything public and web-accessible. Hence, the opening argument of Bosnia's counsel is already available here. This case has a long and torturous procedural history. It was...
A report prepared for Mexico's President, Vicente Fox, has concluded that the Mexican government and military committed numerous crimes against humanity during its "scorched earth" campaign against alleged left-wing rebels between 1964 and 1982: The draft report's authors write: "The authoritarian attitude with which the Mexican state wished to control social dissent created a spiral of violence which...
The Supreme Court in the case of Ministry of Iran v. Elahi, rendered a rather insignificant decision last week regarding the FSIA and state instrumentalities. At issue was whether claimants could attach Iranian assets in the United States to satisfy various successful terrorism judgments. Problem was, the asset was an arbitral award in favor of the Iranian Ministry of Defense....
The New York Times has a very unusual human interest piece about a former Taliban ambassador who is now a student at Yale. It is an extraordinarily long piece that strives mightily to put Sayed Rahmatullah Hashemi in the best positive light as a reformed member of the Taliban. It includes an interesting discussion of a 2001 debate Rahmatullah had...
Great interview with Abraham Foxman of the Anti-Defamation League over at the Jerusalem Post. He discusses the Mohammad cartoons, Jewish-Christian relations, anti-Semitism, the movie Munich, and the threat of Iran. Here are a few highlights:On Cartoons: "Humor definitely can play a useful role in exposing hypocrisy in controversial issues, particularly in getting young people to pay attention. The question is...
On the lighter side of international law, a 52-year-old South African grandmother was arrested and charged with drug smuggling in New Zealand after Nigerians stuffed her suitcases with ceramic gnomes filled with cocaine. As reported here:Crown prosecutor Bruce Northwood said the Crown did not deny it was a sad story but the woman must have known what she had got...
The journal Foreign Policy has an interesting post on the cost of international criminal tribunals. I have to admit I had no idea they were so expensive. According to the article, "As of November 2005, the International Criminal Tribunal for Rwanda (ICTR) had handed down judgments for only 25 individuals. More than $1 billion has been spent on the tribunal...
Another of the panels at the American Enterprise Institute conference last Tuesday dealt with customary international after Sosa v. Alvarez-Machain. The panel consisted of Julian Ku, David Moore, Beth Stephens, and myself, moderated by Jack Goldsmith.Not surprisingly, the panelists had different views.Julian Ku advanced an argument that the President should exercise control over customary international law, in part because customary...
A recent survey by Pew highlights a notable generational gap on foreign policy perspectives. If you look at attitudes of the two extreme age groups that were surveyed -- those who are 18-29 and those who are 65+ -- the differences in foreign policy perspectives are stark. In fact, we have a tale of two Americas. Call them the YMCAs...
The United Nations has released the text of its draft compromise on replacing the existing Human Rights Commission with a new Human Rights Council. Here are the key paragraphs:OP7 ...
Michigan State Law School is sponsoring a symposium tomorrow, Feb. 24, on Gender, War and Peace: Women's Status in the Wake of Conflict. MSU Law has lined up a diverse and talented group of scholars and practioners in the areas of women's human rights, international law feminism and post-conflict justice. (I will be offering my take on the role of...
