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...that some people (on the right or the left) like, but it is logically consistent and it hangs together. Justice O’Connor chairs the Judicial Advisory Board of the American Society of International Law. While I was the Director of Research and Outreach of the ASIL I had the pleasure of working with her over the course of three years in developing programs on international and foreign law for U.S. judges. She has a deeper and more realistic understanding of the complexities of these issues than most international lawyers — and...

conflict classification and determining the applicable rules. Many answers depend on whether Hamas is considered part of the state of Palestine and whether Gaza is considered an occupied territory. In this regard the most controversial issue in this regard is whether Gaza is an occupied territory. After Israel withdrew its troops from Gaza in 2005, there have been debates on whether Israel still qualifies as an occupying power under IHL. Such a determination significantly affects the applicable law to the situation in Gaza, including freshwater resources. Legal scholars, court decisions,...

...13 CIA agents at the end of January for complicity in his kidnapping and subsequent torture, high-ranking US diplomats sought to convince the German government not to expand the search for the perpetrators internationally, German government sources have told DER SPIEGEL. Following the Jan. 31, 2007 issuing of the arrest warrants, US diplomats spoke with foreign policy advisors of German Chancellor Angela Merkel to express Washington’s displeasure that the case was being forwarded to Interpol, the international police organization that facilitates policing cooperation among 186 member countries — including the...

...committed, making it impossible for the Court to prosecute the NATO personnel for being complicit in those crimes. No jurisdiction over primary liabiilty, no jurisdiction over secondary liability. It’s that simple. So does the subjective territoriality argument work? I’m not so sure, because the argument depends on two interrelated assumptions that are anything but self-evident. The first, of course, is that Art. 12(2)(a) of the Rome Statute adopts both subjective and objective territorial jurisdiction. Here is what the communication says (paras. 12-13): Further, the terms of the Statute itself support...

...bad. Yeah, I groan when I see a page that contains two lines of text and 30 lines of footnotes. But it’s still better than having to mark my place in an article, find the bibliography, and scan an endless list of references listed in 9-pt. font. 3. Citing articles as 2000a, 2000b, and 2000c is ridiculous. Do I really need to waste my time (1) finding the right group of authors in the long list — is it Finkel? Finkel and Groscup? Finkel et al.? — and (2) searching...

[Valeria Vegh Weis is a Post-Doctoral Fellow at the Freie Universität Berlin an Associate Researcher at the Max Planck Institute for European Legal History and a Professor of Criminology at Buenos Aires University .] Introduction Re-reading Ruti Teitel’s Transitional Justice makes for an even more moving experience than expected. The book, written nearly 20 years ago, set the basis for a ground-breaking field of study, bringing to light important legal, political, and ethical dilemmas such as truth versus justice and reparations for victims versus structural inequality, and even suggesting possible ways...

...select, search for, detect, identify, track and attack, use force against, neutralize, damage or destroy targets without human intervention.” Sharkey suggests 5 categories to delineate the autonomy of such weapons: “1. human engages with and selects targets and initiates any attack; 2. Program suggests alternative targets and human chooses which to attack; 3. Program selects target and human must approve before attack; 4. Program selects target and human has restricted time to vet; and 5. Program selects target and initiates attack without human involvement”. This category is useful to determine...

called “who owns” international law. Does determination of the system’s lawfulness depend upon US courts taking international law into interpretive account? Or does it shift “ownership” of the determination and interpretation to international bodies, such as the UN Human Rights Council, special rapporteurs, tribunals of one kind or another, or NGOs, that have a completely different view of human rights obligations and which (in the sense of public choice analysis of the well-organized minority view as against the diffuse majority) are prepared to be relentlessly on-message in pressing theirs as...

Secretary Rice continues her PR offensive. This time, her target audience is U.S. readers of the Washington Post’s Sunday Outlook section and her topic is not torture, but a restatement of the Bush Administration’s main strategic goals in foreign policy as the search for a Kantian(?) “democratic peace.” None of this is new exactly, but it is interesting nonetheless. Here’s a key graf: Our experience of this new world leads us to conclude that the fundamental character of regimes matters more today than the international distribution of power. Insisting otherwise...

Ruth Wedgwood of Johns Hopkins SAIS asked if I would post this job announcement flyer for a visiting professor in international law at JHU Nanjing University Center in China. Ruth adds that the salary offered might not be what DC law schools normally pay but might work well with a sabbatical or grant arrangements, also that the position has not before gone to anyone but Americans, and finally that the search committee includes lawyers and non-lawyers, consistent with SAIS’s approach. Anyway, if interested, contact JHU per below the fold. The...

Oxford University Press has asked me to post the following announcement: Law Yearbooks from Oxford – Free Online Access until February 28th Since the start of January 2011 the law yearbooks from Oxford University Press, previously available only in print, have become available online as well. This includes all volumes since 1996 but not the most recent ones which only published in December 2010. To launch this initiative we are making all of this content freely available until the end of February 2011. To view, browse, download and search the...

...corporate accountability has been a key demand by several States delegates and civil society observers, and is essential to enable individuals and groups of victims of abuse to pursue strategies in search of justice and redress. Prevention The wording of current Article 5 also presents a huge improvement. While preserving most of the “zero draft” content, it more clearly adopts the definitions of businesses’ human rights due diligence established in the UNGP: identification, prevention and mitigation, monitoring and communicating. One step seems missing: the obligation of integration of the assessment...