The New York Times has a thoughtful piece by Adam Liptak this weekend on the Obama Administration’s difficult choice in its forthcoming brief in the Supreme Court case of al-Marri v. Pucciarelli. Essentially, the Obama Administration will have to choose between continued detention, deportation to a third country, or prosecution. Each choice is perilous. If...
John Pike, of GlobalSecurity.org website, has a provocative op-ed in today's Washington Post (January 4, 2009, B3) arguing that the evolution of battlefield robots might mean robots as the soldiers that do the killing on future battlefields: Within a decade, the Army will field armed robots with intellects that possess, as H.G. Wells put it, "minds that are to our minds...
According to the ever-reliable Sudan Vision Daily, the Pre-Trial Chamber has already decided to issue the arrest warrant for Bashir: The entire Sudanese people will not be surprised if the International Criminal Court issued an arrest warrant against the Sudanese President Omer Al-Bashir because the decision of the ICC judges was circulated by the UN chief Ban KI-moon, the US State...
Comments like this one, made not by some obscure commenter but by David Bernstein, a law professor at George Mason and a member of The Volokh Conspiracy, in response to my Dershowitz post below: Herein the phoniness of international law. Humble Law Student has raised several significant questions with Heller’s analysis, including whether it matters under international law, as it surely...
Nan Hunter has posted on her blog the transcript of a phone conversation from April 23, 1971, between Henry Kissinger and the poet Allen Ginsberg. Ginsberg was trying to set-up a dialogue among Kissinger (and other Nixon officials) and peace activists. He was concerned that Kissinger might not know how to end the Vietnam War and he said he had some suggestions. (Unfortunately, they're not in the...
OK, I know the blogosphere has chewed over this article from the Wall Street Journal, and spit it out already, but I still can't resist posting this WSJ graphic describing a Russian professor's prediction about the end of the Union sometime in the middle of Obama's first term (in which case he would be the reverse-Lincoln). I can see...
The Somali piracy problem is not really a military one. No one doubts that the world's modern navies can overwhelm any pirates they find. The problem is really administrative and legal. For instance, France's recent reported capture of more Somalia-based pirates is kind of cool, but what has really been accomplished. According to this report, France is planning to take...
I guess what surprises me is that the Vatican ever did have a rule of automatically adhering to international law. But as of yesterday, that rule, along with the rule automatically adopting Italian law as part of its internal legal order, is history. The Vatican has [] decided to scrutinise international treaties before deciding whether or not to adhere to...
In response to Roger's recent survey, many of you called for more international law discussion here at Opinio Juris. In that spirit, here's an interesting nationality question to ponder as you enjoy your New Year's Day celebrations: It was already a packed flight from Amsterdam to Boston, but passengers and crew were more than happy to make room for one extra...
From a recent interview with the Wall Street Journal: "[F]or some reason, I am portrayed as the one who is evil in formulating policies that people disagree with. I consider myself a casualty, one of the many casualties of the war on terror." The mind reels....
As I have mentioned before, France and the UK have expressed their willingness to support deferring the ICC's investigation of Bashir if the Sudan prosecutes Ahmed Haroun and Ali Kushayb domestically. It doesn't look like the Sudan is going to take them up on their offer: [Ali Karti, the State Minister at Sudan's Ministry of Foreign Affairs] reiterated the ability of...
With Samuel Huntington's passing on December 24th, I thought I'd post something on his "clash of civilizations" theory. Then I came across the following couple of posts from Strange Maps that not only relate to Huntington's interests, but are quite interesting in their own right. They illustrate the ongoing interrelation of geography, culture, and historical boundaries on modern domestic and...
