Search: {search_term_string}
14 May Brookings Conference on Legislating Counterterrorism
...deal with the threat, and they vote. And that settles it. There are numerous details to be worked out, of course, such as what happens to people and intelligence "in the system" when the counterterrorism condition decreases. This is an over-long blog comment already, and I don't want to go on forever, but let me give a broad-brush example of how this might work. Let's take long-term detainees. We would want to hold persons detained in counterterrorism operations over the long term for two reasons: (1) because we can convict...08 Aug Commemorating Hiroshima — Was it a War Crime?
...all but demolished the revisionist accounts on which Nobile depends. Writing in the Pacific Historical Review in November 1998, Sadao Asada offered his own thoroughly researched answer in his seminal article, “The Shock of the Atomic Bomb and Japan‘s Decision to Surrender–A Reconsideration.” His article reveals that the bomb and only the bomb galvanized Japan‘s peace party to take actions necessary to terminate the Pacific War. What he accomplishes in a virtual tour de force is to correlate the day by day decisions of the Japanese government from August 6th...31 Dec Legality Is Not Morality
...for me in terms of distinctions being made between groups of children. Part of this is the child soldier discussions but just want to raise that point as children in peacetime or war that are killed are (moral value implicit that I hope is not seen as too indeterminate to make) a terrible loss to their parents and communities whatever innocence we wish to ascribe to them. Part of this may be due to the intuition we have had that neuroscience is confirming as to the lack of completeness (I...01 Aug Guest Post: The Use of Human Shields and International Criminal Law
...legal analysis of such practices, and examine the possible implications of that analysis on the current situation in Gaza. Although it would be interesting to examine as well the possible criminal responsibility for statements endorsing or encouraging this conduct, that question will not be examined in the framework of this post. The Use of Human Shields under International Law In international humanitarian law (IHL), the term “human shields” concerns “civilians or other protected persons, whose presence or movement is aimed or used to render military targets immune from military operations.”...20 Jan Wrap Up Discussion I
...determination of the CSRT to our federal courts. It is simply not correct to say that detainees have not and will not have access to our federal courts to review their detention. Nearly 40 detainees have been released as a result of this process. Detainees who the United States does not intend to prosecute by military commission also have their detention reviewed annually by an Administrative Review Board. This Board determines whether the detainee can be released or transferred without posing a serious threat to the United States or its...17 Mar YLS Sale Symposium: Sale’s Legacies
...confirmed that a “State is bound by its obligation under Art. 33 not to return refugees to a risk of persecution wherever its exercises effective jurisdiction” and “an interpretation [of Article 33 of the Refugee Convention] which would restrict the scope of application …to conduct within the territory of a State party would be contrary to” that treaty’s terms, object and purpose and relevant rules of international human rights law. In 1993, I predicted that a string of such “international rulings [critical of Sale will] “show …that adverse U.S. Supreme...
11 May Symposium on ‘Marketing Global Justice’ – A Letter on Kafka, Coca-Cola, and Vergès
...its gates in search of something important; it is desirable to enter through the gates. Victims of injustice may come before the law to search for remedies of their injustice. But there are gatekeepers. The plural, by the way, is true to the original. I am powerful, says the first gatekeeper. And I am only the most lowly gatekeeper. But from room to room stand gatekeepers, each more powerful than the other. I can’t endure even one glimpse of the third. International Criminal Law promises justice, but the gatekeepers stand...02 Jul Taylor Released! (Though Not Because of Carr) (Updated)
...To begin with, Taylor’s immunity not only prohibits her prosecution; it also prohibited her search and detention. If Libya recognized her immunity from the beginning, it made a calculated decision to violate its cooperation obligations when it searched and detained her. Moreover, if Libya knew that it could not prosecute Taylor, it had no legitimate reason to keep her in custody for nearly a month — its sole remedy for her alleged misconduct was to expel her from Libya and file a complaint with the ICC. That Libya did not...15 Jun “What To Do If Your Foreign Employees Accuse You Of Torture and Murder”
...its accusers with targeted keyword public relations. It then goes on to how to affect search results to affect the PR spin. Here’s one peice of advice from the article: 1. Keep the story quiet in your home country. Look: Google News results for the term [killer coke] yield 57 links, not all of which actually refer to the lawsuit, even though the suit was filed in 2001. This is good because you don’t want too many links to the list of bottling plant union leaders tortured, kidnapped and/or killed....