In association with the International Commission of Jurists

Search: {search_term_string}

16 Jan

...and spoke eloquently about their claims for justice. This technique of looking at the world from the standpoint of others is all the more vital when we are discussing laws or norms that we claim should be applied across national and cultural borders. Consider, for example, how Dr. King referred to the people of Vietnam in his “Beyond Vietnam” speech delivered on April 4th, 1967: And as I ponder the madness of Vietnam and search within myself for ways to understand and respond in compassion, my mind goes constantly to...
16.01.06 | |

28 Sep

...whom Chevron has targeted — nor even the only blogger. The subpoena asks Google to provide the same information for 43 other individuals, as well.) The next step was to try to determine why Chevron wanted the subpoenaed information. Perhaps not surprisingly, they wouldn’t tell us. Instead, after a number of fruitless discussions between the ACLU and Gibson Dunn, Chevron chose to withdraw the subpoena — thus ending my legal adventure, at least for now. I will likely never know why Chevron subpoenaed me. But I do know that it...
28.09.12 | |

20 Jun

...i.e. an enhanced preventive self-defence approach, according to which it is not only the time and place of the future attack that are unknown, but its occurrence per se is not certain either. Kevin Jon Heller Kinga, Needless to say, I couldn't agree more. Mary Ellen O'Connell Response... The Khattala detention cannot be justified by consent or Article 51 self-defense. But as it was undertaken following policing standards, it was arguably a lawful countermeasure as I explain in this comment for CNN: http://www.cnn.com/2014/06/18/opinion/oconnell-khattalah-arrest-benghazi/index.html?iref=allsearch Mary Ellen O'Connell University of Notre Dame...
20.06.14 | |

06 May

...c. The Palestinians have an internationally recognised right to self-determination and to an independent state. d. The Palestinians in the OPT are living under a foreign military occupation which is frustrating their ability to effectively exercise their right to self-determination through an independent state. e. The PA has the ability to enter into international agreements. f. The PA has the capacity to exercise criminal jurisdiction over Palestinians and other non-nationals. g. The PA as a party bound by customary international law to investigate and prosecute grave breaches of international humanitarian...
06.05.10 | |

19 Jun

Patrick S. O'Donnell Agreed. But you gotta admire folks like the one in this story: "Bamboo Bike Quite the Offshoot: Ten years ago, a Santa Cruz shop owner's dog got him thinking. Now he hopes his concept will take root in Africa." From yesterday's Los Angeles Times (a key word search of "bamboo bikes" in their search engine will retrieve the full article). "Funny where an idea will take you. Ten years ago, Luna the dog — part pit bull and part Labrador retriever — was gnawing on a piece...
19.06.07 | |

21 Aug

...engaged in bad-faith reasoning? Why? Because she is secretly a tyrant who wants to destroy the Executive? Again: a correct result reached through incorrect but good-faith reasoning is not -- and cannot -- be an abuse of power. Personally, I'm looking foward to Althouse's impassioned plea to overturn the Supreme Court decision that refused to exclude evidence obtained through an illegal pretextual search because, counterfactually, the search could have been conducted legally. She must certainly think the Supreme Court abused its power in that one! Roger Alford But this is...
21.08.06 | |

24 May

...Wahid thinks the best response is better jurisprudence Filali-Ansary thinks the best response is better politics. There is a middle ground. Wahid suggests that outside the four corners of the Qur’an Islamic law is highly indeterminate and largely reflects past or present political choices. Perhaps both authors would be satisfied with an interpretive approach that opened up space for political discourse by emphasizing ambiguity and narrowing the reach of Islamic law to its clearest applications. Such an approach would deny clear legal support to progressives and their opponents alike, leaving...
24.05.06 | |

24 Jun

...war of conduct similar to that for which appellant was convicted (p. 34). This emphasis on whether material support is criminal under “that part of the law of nations which prescribes… for the conduct of war” disappears, however, as soon as the CMCR begins to analyze international sources of law. The CMCR signals the change in emphasis at the very beginning of its analysis of those sources, when it notes that it has “an independent responsibility to determine whether appellant’s charged conduct existed as well-recognized criminal conduct” (p. 20). Indeed,...
24.06.11 | |

01 Sep

...a key graf: In past centuries, rules about the conduct of ships at sea emerged from agreements among major naval powers, and there were always a number of naval powers engaged in challenging, enforcing, and accommodating agreed-upon standards. Now, when the United States (by some estimates) actually deploys a majority of the world’s naval capacity, we are told that our security requires us to participate with 150 other states in electing international judges to determine, in the last analysis, what rules our Navy must accept. To find this convincing, one...
01.09.07 | |

06 Apr

...benefit of both Israelis and Palestinians, the sooner the better, with due respect both for the Palestinians' right to self-determination and Israelis' right to live in peace. David Bernstein Marko, on re-reading the post in light of your comment, it is indeed possible that this is what Schabas meant, though it's hardly a model of clarity. If indeed Schabas meant only that the lack of Palestinian self-determination in the West Bank and Gaza is a "blot," I apologize for suggesting otherwise--it struck me the way it did because it sounded...
06.04.11 | |

09 Aug

...behind the Draft Convention was that “piracy is not a crime by the law of nations” (Harvard Research Draft Convention on Piracy, 26 Am. J. Int’l L. Sup 739 1932, 760) and “pirates are not criminals by the law of nations” (Id., 756). The Harvard Researchers adopted the view that piracy constitutes a special ground of jurisdiction, “the basis of an extraordinary jurisdiction ” (Id., 760). By contrast, core crimes are directly criminalised under international law. International norms directly prohibit these offences by virtue of norms directed at individuals. These...
09.08.13 | |

08 May

...they do determine that you are not a citizen then what would they give you? Can't be a CLN. Perhaps a letter from the consulate? Let me ask.... Thomas Welch ...oh, and see also http://www.thenewamerican.com/world-news/item/17987-a-new-world-tax-regime SadImmigrant "The Fourth Amendment also seems like a poor ever, since the FATCA regime does not involve a “search” or “seizure” in the typical use of the terms — the IRS isn’t actually forcing its way into your bank statements, just giving you a good reason to cough them up." That is questionable. You don't...
08.05.14 | |