The Third Circuit recently had to determine whether a "joint statement" between Germany and the United States regarding Holocaust settlement created a private right of action for alleged violations of Germany to pay interest on the $10 billion DM settlement fund. It presents an interesting question of whether the document should be interpreted to create a private right of...
Two interesting articles today about countries that want the ICC to get involved in their internal problems. First, the Indian government apparently wants the Court to prosecute Pakistanis who are responsible for masterminding terrorist attacks, including the recent attack in Mumbai: "[h]ighly placed government sources have told TIMES NOW that decks are being cleared by New Delhi to get the...
Scott Horton has a typically excellent post today at Harpers.org discussing the perversity of right-wing commentators who defend the use of torture. But I was troubled by the following comment about the ICC, which he offers in agreement with an old editorial by David Rivkin and Lee Casey: Rivkin’s history is much like that of Reynolds and Goldberg. Back when the...
Having finally resolved the disclosure issue, the Lubanga trial is set to begin on January 26, a little more than one month from today. Unfortunately, the problems with the case continue: The senior trial lawyer in charge of the first case to be tried at the International Criminal Court has been taken off the case little more than...
It turns out that all is not lost for the Lisbon Treaty (aka the EU Reform Treaty). It had all the markings of an unperfected treaty after Ireland gave it a "no" vote this past summer via a referendum. (Interestingly, Ireland was the only state to hold one, since negotiators had designed the Reform Treaty to avoid such reviews given what they did to the...
A lawyer and human-rights activist with whom I spent some time while I was in Sarajevo, Adnan Kadribasic, has given me permission to turn his comment to my Karadzic post into a post of its own. I think it's remarkable, and I want everyone to see it. Here it is, edited only for typos: Dear Kevin, I support all of your...
The BBC is reporting that President-elect Obama has pledged to close Guantanamo within the next two years. The report is based on this Time Magazine article declaring him (big surprise!) their "Person of the Year." I am not 100% sure Obama has really made this pledge, but it certainly can be read that way. In response to the question as...
The Ninth Circuit yesterday rendered its long-awaited decision in Sarei v. Rio Tinto. The case was argued before the Ninth Circuit en banc in October 2007, with the fourteen month deliberations suggesting that the court struggled mightily with its decision. The decision was fractured, but the essential holding by six of the eleven judges was that exhaustion of...
The UN Security Council has passed unanimously a US drafted resolution authorizing attacks upon pirates, whether by land or sea. It is one of those rare security issues in which the great powers, and many small ones, have been willing to come together, at least in granting authority. As the Washington Post reports: The U.N. Security Council voted unanimously Tuesday to authorize nations...
I have been resigned to a President Obama for at least a year or more, but the prospect of the real thing is still quite weird. I was, not surprisingly, for the other guy but I am mildly optimistic that a cautious President Obama will not usher in radical change in the areas of U.S. policy toward international law. But...
Just in time for Christmas too. Of course, it was not really him. Rather, it was Judge José Luis Jesus, the newly elected president of the International Tribunal for the Law of the Sea (ITLOS). President Jesus addressed the UN General Assembly on December 5, 2008, and met separately with UN Secretary General Ban Ki-moon a day earlier. Although these annual speeches traditionally provide...
At the risk of contributing further to Ken’s angst about the coming post-Guantanamo future, I thought OJ readers might be interested in this latest entry in the public what-to-do-next discussion. Fordham Law School’s Leitner Center for International Law and Justice has begun posting a series of white papers prepared by various groups of scholars with recommendations about international human rights...
