One of the take-aways from Hillary Clinton's confirmation hearing was the rise of the term "smart power." Sen. Clinton said: "I believe that American leadership has been wanting, but is still wanted," she said. "We must use what has been called smart power, the full range of tools at our disposal -- diplomatic, economic, military, political, legal, and cultural...
I have not been following the work of the Cambodia special chambers, which is probably why I found these views by James Bair (blogger, loyal OJ reader and soon-to-be JD from Northeastern Law School) all the more informative and interesting. Bair is a former legal intern at the Extraordinary Chambers in the Courts of Cambodia (ECCC) and has followed the...
[Susan Benesch is a Fellow at the Center for Applied Legal Studies at Georgetown Law Center and a former guest blogger here at Opinio Juris.] Simon Bikindi, the Rwandan pop star whose two-year trial at the ICTR was apparently the first attempt to criminalize music in international law, was just convicted of incitement to genocide but not, after all, for his...
My favorite Darfur blogger, Michelle at Stop Genocide, has asked me to post the following plea. I am, of course, happy to oblige. If you want to vote, vote soon -- the deadline is January 15 at 5 pm EST. And please pass Michelle's request on to anyone else you think might be interested. I am writing today to seek your...
Look closely at this photo of a parachute containing ransom money landing on a hijacked vessel in Somalia. Taken by the U.S. Navy, the photo, and this unusually insightful Time piece, details what I sort of predicted a couple of weeks ago. The ballyhooed international effort, sanctioned by the UN Security Council, to suppress Somali pirates is going nowhere, mostly...
Hold the presses! President-elect Obama will issue an executive order in his first week in office requiring the U.S. detention center at Guantanamo Bay to be closed...
Amos Guiora has an essay up on Jurist concerning the Israeli military operations in Gaza. He writes: The IDF launched Cast Lead after two significant developments: Hamas had fired 6,000 missiles from the Gaza Strip into southern Israel during the past three years after Israel had unilaterally disengaged from the Gaza Strip and Hamas had unilaterally violated an Egyptian negotiated cease-fire. This...
You can follow the earlier blog posts for my views on closing Guantanamo and the evolution of policy around it ...
Deborah has already mentioned the bill introduced this week by Rep. John Conyers for a National Commission on Presidential War Powers and Civil Liberties, which has been likened in the popular press to a truth and reconciliation commission. (A draft version of the bill is available here.) I think this is a somewhat inaccurate description. Truth commissions are often focused on understanding...
OJ fellow-traveller Marko Milanovic has a typically excellent discussion of the newly-released secret OLC memos -- discussed in toto by Deb here -- concerning the legality of the invasion of Iraq. I'd tell you to go read it, but if you haven't already added EJIL:Talk! to your RSS reader by now, there's really no saving you....
Those who defend Israel's use of armed force -- in Gaza and elsewhere -- often complain that critics reflexively assume the worst about Israel's intentions. There is more than a grain of truth to that, but Israel doesn't help itself with its inability to admit that faulty intelligence sometimes leads it to make mistakes. Case in point: the attack on...
Kudos to John Garvey for focusing on "institutional pluralism" as the overarching theme of this year’s AALS. As he noted in introducing the theme, “This year’s theme focuses on the values of our institutional differences. Institutional pluralism is a good thing for our students in the same way choices are good for consumers in other fields…. A community...
