In association with the International Commission of Jurists

Outlawing Amnesty: The Return of Criminal Justice in Transitional Justice Schemes

10 Jun

[Lisa J. Laplante is Visiting Assistant Professor at Marquette University Law School] Until recently, immunity measures like amnesties were considered an acceptable part of promoting transitional justice in countries seeking to address past episodes of systematic violations of human rights.  The politically sensitive context of countries seeking to broker peace between oppositional forces often outweighed the moral imperative of punishing those...

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09 Jun

The Public Editor of The New York Times has a nice piece today criticizing the newspaper's "seriously flawed and greatly overplayed" front-page article “1 in 7 Detainees Rejoined Jihad, Pentagon Finds.”  Others have thoroughly debunked similar Pentagon reports -- see here, for example.  I just want to call attention to the following paragraph from the Public Editor's article, which is...

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08 Jun

[Dr. Anne T. Gallagher is the Head of Operations at Equity International, Technical Director of Asia Regional Trafficking in Persons Project, and the former UN Adviser on Trafficking] My response to James Hathaway, written with the benefit of close involvement in the development of the new legal framework, as well as in its implementation at the national level in over forty...

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08 Jun

The Virginia Journal of International Law is delighted to continue its partnership with Opinio Juris this week in this online symposium featuring three articles and two essays recently published by VJIL in Vol. 49:4, available here. Today, Dr. Anne T. Gallagher, Head of Operations of Equity International, Technical Director of Asia Regional Trafficking in Persons Project, and former UN Adviser on...

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08 Jun

I'm not a comparative constitutional-law scholar, but I find it interesting that, pursuant to Section 44(iii) of the Constitution of Australia, no one can serve in Parliament who "[i]s an undischarged bankrupt or insolvent."  The solvency requirement harkens back to the bad old days of U.S. history, when most States prohibited individuals who did not own property from voting.  But...

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07 Jun

President Obama’s speech in Cairo was nothing short of remarkable. The issue of interfaith dialogue is dear to my heart, and his speech deserves to be studied and discussed far and wide. I cannot think of a more important message about the relationship between the United States and the Muslim world in American history. If you have...

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06 Jun

In various posts on OJ about Predator drones, targeted killing, and such topics, I've made reference to a book chapter I've been drafting for Benjamin Wittes's forthcoming edited volume of policy essays, Legislating the War on Terror: An Agenda for Reform (Brookings Institution Press 2009).  I'm pleased to say that my chapter, Targeted Killing in US Counterterrorism Strategy and Law,...

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04 Jun

Last month, the Obama Administration informed the Senate of its treaty priorities via a letter from the State Department (you can access it here). The letter lists 17 treaties for which the Administration seeks Senate advice and consent "at this time," including (as predicted here and here) CTBT, CEDAW, and UNCLOS. It also lists 12 treaties "on which...

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04 Jun

I'm on the fly, but quickly wanted to post this update to my earlier posts on targeted killings and Predator strikes.  The UN Special Rapporteur on extrajudicial execution, Philip Alston, has called for an investigation into US Predator drone attacks.  Here is a quick news story on it.  I think the press account somewhat overstates matters - I would characterize...

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03 Jun

This post was written by Gabriel Swain, a Research Associate at the University of Kent's School of Social Policy, Sociology, and Social Research.  I think the project's reports will be of great interest to our readers. Since its birth in the 1950s, the European Court of Human Rights (ECHR) has functioned, through implementation of the rights guaranteed by the European Convention...

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01 Jun

Karen DeYoung has a very interesting account of the on-going Predator drone campaign in Pakistan, on the front page of the Monday, June 1, 2009 Washington Post, "Al Qaeda Seen as Shaken in Pakistan." The story is sourced to US intelligence and military officials, as well as some Pakistani officials, and recounts how the Pakistani army's campaign to retake the Swat...

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