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07 Jan Constitutional Comparativism and the Death Penalty for Child Rape
It has been a long time since the Supreme Court has referenced foreign and international sources in constitutional cases. Since Roper was decided in March 2005, the Supreme Court has not issued a single decision relying on the interpretive approach outlined in Roper and Lawrence. In the most recent term, I am not aware of a single Supreme Court case that relied on contemporary foreign or international law and practice to interpret constitutional provisions. This is despite the obvious opportunities to do so in the contexts of abortion (Carhart), free...21 May Events and Announcements: 21 May 2023
...Particularism in European Contemporary History” at Ludwig Maximilian University of Munich (LMU) is seeking to appoint 3 Junior Fellowships with a research topic focusing on economy or human rights or religion/secularity in contemporary European history. Applications with other research topics, connected to the overall agenda of the KFG, are welcome. Future Calls for Junior Fellowships will be following every term. The Center is seeking for three Junior Fellows for the summer term 2024 (April – September), with a preferred starting date on 1 April 2024. For more information, click here....10 Feb Marines Don’t Know Who the SS Were?
...to recall the SS playing a part in it. Are we really supposed to believe that none of the snipers has ever seen a World War II movie? As an aside, our old friend David Bernstein has been all aflutter lately about a tiny number of bloggers using the term “Israel-Firsters” to describe American Jews who put Israel’s interests ahead of the United States’, because the term has an anti-Semitic history. So far, no word whether he has a problem with the Marines invoking the genocidal legacy of the SS…...
10 Aug Doing Justice to History Symposium: Judicializing History in Jenin? Reflections on the Possibilities of Imagining Palestine Otherwise at the ICC
...Chamber determined in 2021 that it could exercise territorial jurisdiction over Palestine delineated as the West Bank (including East Jerusalem) and the Gaza Strip which Israel occupied in 1967. Although the potential parameters of prosecutorial strategy remain somewhat unclear, key proponents hope that future trials will focus on the crime of apartheid along with allegations of a range of war crimes relating to conduct of hostilities by Palestinian and Israeli fighters as well as Israeli settlement policy. While the opening of any criminal trial is still far from assured, I...
11 Sep Libya and International Justice Symposium: Justice, Delayed
[Hanan Salah is the Senior Libya and Mauritania Researcher at Human Rights Watch. This is the latest post in our symposium with Justice in Conflict on Libya and International Justice.] The scars ran deep. His back was a maze of thick welts, thinner scars and parts that resembled small craters. His wrists and ankles were raw from where he’d been shackled and suspended from a ceiling for hours, and his limbs appeared limp and stretched. His eyes were expressionless. The torture destroyed me as a person, Ali[1] said. Ali, 24,...15 May The Fog of Technology and International Law
...open and transparent way. Clausewitz’s concept of the “fog of war” is simple, and well known: it describes the situational uncertainty that military actors face, their lack of perfect information about an adversaries’ intentions and capabilities (not to mention incomplete knowledge of their allies’ intentions and capabilities). What looks good on paper before an armed conflict may prove unworkable as the conditions of war – physical hardship, the need for immediate decision-making, emotional strains, etc. – complicate decision-making, and with it, the achievement of military objectives. I use the term...23 Dec Bush Signs Genocide Bill
...Genocide Accountability Act replaces sec. 1091(d) with the following: (d) REQUIRED CIRCUMSTANCE FOR OFFENSES.—The circumstance referred to in subsections (a) and (c) is that— (1) the offense is committed in whole or in part within the United States; (2) the alleged offender is a national of the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)); (3) the alleged offender is an alien lawfully admitted for permanent residence in the United States (as that term is defined in section 101...
08 Apr A New Approach to Criminal Responsibility? Discussing the Separate Opinions on Indirect Co-Perpetration in the Ntaganda Appeals Judgment
crime’ is too nebulous to be determined with respect to mass atrocities, they instead adopt a plain reading of subparagraph (a), according to which the term ‘commits’ a crime (individually, jointly with another or through another person) requires simply a ‘sufficient nexus’ between the accused and the crime (Judge Morrison, ¶34). Specifically, with respect to commission ‘through’ another person, that nexus is seen to require that the accused had ‘procur[ed]’ or produced the crime (Judge Eboe-Osuji, ¶24). One may notice that the terms ‘nexus’ and ‘procured’ are quite broad. But...08 Apr Somali Pirates Seize American Ship and Crew
...fact that those attacked were Americans make a difference to the US legal response (if those are indeed the facts, which are uncertain at this writing)? Also, Peter makes a good point in the comments re China’s naval capacities at this point – I am actually looking down the road, say, twenty five years from now, partly because I (like Chris) am finishing up an article for the Chicago Journal of International Law on the meaning of a ‘multipolar’ world, so the longer term is on my mind.) Somali pirates...
08 Oct Trump vs. International Law: Using Force After Conflict–Is the Jus ad Bellum Relevant or Just an Afterthought?
...right to use force in self-defense more easily. First, the nature of the potential attacker: Although state practice in the aftermath of international armed conflict suggests no change from the traditional conception of armed attack when two states are involved, consider how the aftermath of an extraterritorial conflict against a non-state group, particularly a terrorist group, might contribute to driving down the threshold for an armed attack. After the state has suffered an armed attack and used force in self-defense against the non-state group already, leading to the armed conflict...