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15 May Channeling Circular Migration
...and out of the United States pursuant to some kind of labor migration agreement with Mexico (or other states) as frequently as makes economic sense for Mexico, the U.S., or immigrants themselves. Or, at some point should we expect migrants to make a permanent commitment to the United States or return to their countries of citizenship? I worry about the civil society implications of migrants using the United States as a kind of economic way station, particularly for prolonged periods of time. Circularity reduces incentives for integration (migrants without long-term...03 Oct Catching Up With the Critics
...this question with respect to its long-term counterterrorism planning. In part because there is some disagreement on the question within the bureaucracy, in part because it is not necessary to resolve this longer term question in order to address the nearer term goal of closing Guantanamo (more on that next), my impression is the Administration has elected to continue discussing the matter, or at least leave off decision for another day. Whatever the reason, it’s clearly good news. For reasons former federal prosecutors and many others have explained in deep...
14 Mar An Off-Ramp for the War in Ukraine
...not be pressured by the West into accepting an outcome that rewards a war of aggression. In the end, a settlement will be possible when other options become unavailable or less attractive to the parties to the conflict. This will be the case when outright victory seems unlikely for both sides, or when the losses and sacrifices imposed upon them by a continuation of the conflict become unbearable. There are clear red lines within a rules-based system that cannot be transgressed. These include territorial integrity, freedom to determine foreign policy,...27 Oct The Washington Post’s Three Article Series on “The Permanent War”
...is meaningfully to talk about institutional settlement within the US political community. A second Obama term would presumably consolidate the general approach seen to date – and presumably seeking, as part of the process of institutionalization, to offer principles of both “permission” and “limitation,” for itself and for successors. A Romney administration might move to change the direction of some of these activities and their processes, as well as the legal rationales offered for them – but once in office, there are reasons to think it would embrace continuity. A...06 Dec Regionalization as a Blessing or as a Curse? The EU and International Criminal Justice
...go. It may tip to the one corner of the field, or the other. There has been a lot of support for international criminal justice in past decades. The EU has been crucial in this regard. But there is also backlash and critique. Some wonder what’s the point of international courts and tribunals. The international community is good at creating new treaties and new institutions. But it seems to be less good at devoting long-term attention and resources that are necessary to ensure that they are effective. Once a new...29 Sep The Fallacy of Sequencing Peace and Justice
A few weeks ago I spoke with a senior transitional justice researcher and aspiring politician from northern Uganda about the trials (if you excuse the pun) and tribulations of achieving peace and justice in the region. He described sentiments familiar to those who have engaged in the “peace versus justice” debate: “I don’t see it as a debate. It is common sense that in situations of what we have been experiencing, strategically we should be sequencing these issues, prioritizing and looking at what is best in the short-term and what...14 Sep Guest Post: The Crimes Against Humanity Initiative and Recent Developments towards a Treaty
[Leila Nadya Sadat is the Henry H. Oberschelp Professor of Law and Israel Treiman Faculty Fellow at Washington University School of Law and the Director of the Whitney R. Harris World Law Institute. Douglas J. Pivnichny is the Whitney R. Harris World Law Institute Fellow at Washington University School of Law and a masters candidate in International Law at the Graduate Institute of International and Development Studies in Geneva.] Last month, the International Law Commission moved the topic of crimes against humanity from its long-term to its active agenda and...08 Dec African Withdrawals Mask the Real Issue at the Assembly of States Parties 15
...what do you think? Matt Brown 1. @Richard, many thanks for the correction, duly noted! 2. @Patryk, thanks for commenting, I'll put some thoughts forward on each comment, A) "This overlooks the natural growth of the Court’s operations.” - This line in abstract perhaps lacks some needed nuance, which I suggest comes from whether we look at this in a short term, or long term approach. - By natural growth, I don't envisage some form of annual multiplier effect, where by the Court by some self fulfilling mandate grows its...