According to a press release today, the OTP is conducting a preliminary examination into whether two recent North Korean attacks on South Korea qualify as war crimes: The shelling of Yeonpyeong Island on the 23 November 2010 which resulted in the killing of South Korean marines and civilians and the injury of many others; and The sinking of a South...
A couple of years ago, Josh Newcomer and I argued that political commitments have developed to a point where they should receive constitutional scrutiny. In other words, we do not accept that because political commitments lack international legal force they should have absolute immunity from domestic legal processes. Indeed, to the extent that political commitments may perform the same (or at least...
Baruch Weiss, a former federal prosecutor and a partner at Arnold & Porter who was involved in the AIPAC defense, explains why in an editorial today in The Washington Post. I was particularly interested in his discussion of why he believes it would be difficult to prove that Assange knew the disclosures would harm national security: Here, Assange can make the...
The following is a guest post by Anna Dolidze, a JSD candidate at Cornell Law School. In 2007-08, Dolidze was an Albert Podell Global Scholar at Risk at New York University Law School and a Visiting Fellow at Columbia University's Harriman Institute. She has worked for a number of international organizations, including for Save the Children, Russian...
The Library of Congress is preventing its employees or visitors using its wireless network from accessing WikiLeaks. It released the following explanation: The Library decided to block Wikileaks because applicable law obligates federal agencies to protect classified information. Unauthorized disclosures of classified documents do not alter the documents' classified status or automatically result in declassification...
As one of WikiLeaks' defenders, I feel obligated to respond to Roger's post. I have two major disagreements with it. First, I think it significantly overstates the harm caused by WikiLeaks, although it would be equally erroneous to claim that WikiLeaks has caused no harm whatsoever. Second -- and perhaps more important -- it completely ignores the the benefits of...
One of the underlying issues in the Wikileaks controversy is whether Julian Assange is truly that harmful. His defenders, and even some of his critics, maintain that Assange is not that dangerous. I disagree. Diplomacy. Diplomacy will be immeasurably more difficult if what government officials say in secret to one another can never be trusted to remain secret. ...
So Business Week reports, noting that Nigeria intends to file a request for a Red Notice with Interpol: Nigeria will file charges against former U.S. Vice President Dick Cheney and officials from five foreign companies including Halliburton Co. over a $180 million bribery scandal, a prosecutor at the anti-graft agency said. Indictments will be lodged in a Nigerian court...
The quote of the day, from Japan's failed bid for the 2022 FIFA World Cup (which went to Qatar, much to the surprise of the Americans): Japan, probably the biggest outsider, threw the longest Hail Mary, suggesting it would beam the games into stadiums all around the world in 3D, digitally replicating the games live in the foreign stadiums....
The following is a guest-post by Steve Vladeck, Professor of Law at American University. Our thanks to him for contributing it. The Espionage Act, the Documents/Information Distinction, and the Press I’ve been following (with great interest) the exchange between Roger, Kevin, and those who have commented on their posts concerning Julian Assange, the Espionage Act, and the broader question of...
I had a colleague ask an interesting question, "If Julian Assange is indicted and detained in London, would the U.S.-U.K. extradition treaty authorize extradition to the United States?" There's not an easy answer. The U.S.-U.K. Extradition Treaty requires "double-criminality"--the offense must be punishable in both States. Not surprisingly, the United Kingdom imposes criminal penalties for disclosing state...
I am delighted to announce that Stanford University Press has now published The Handbook of Comparative Criminal Law, which I edited with the University of Toronto's Markus Dubber. The book contains chapters on the substantive criminal law of 16 different countries, including some on which there has been little English-language scholarship, such as Iran, Egypt, China, and Argentina. ...
