Search: {search_term_string}

19 May Iran To Require Religious Minorities to Wear “Special Insignia”

...know why? Roger Alford Patrick, No I don't know, although the latest Google news search reveals over 75 articles on the topic. A couple of these articles, see here and here, are casting doubt on, or are seeking confirmation of the accuracy of the original story. hass THIS STORY NOT TRUE! Iran: Lawmakers Debate Women's Clothing Associated Press May 20, 2006 ... Emad Afroogh, the legislator who sponsored the bill and is chairman of Parliament's Cultural Committee, said that the Canadian report was untrue and that the measure sought only...

07 May You Know International Law Is Getting Some Traction When . . .

...enforcing the rights of children to an education in Sudan" etc: http://www.csmonitor.com/Commentary/Global-Viewpoint/2012/0418/Gordon-Brown-Education-without-Borders-is-a-must-for-kids-in-conflict-zones a google search will turn up plenty more... Jordan Response... They are different, and yet nearly all states have ratified or acceded to the treaty. Treaty drafters should obviously be more careful with respect to words and phrases used. In connection with Article 29 (not 28), it should be read in conjunction with article 28 -- "with a view to achieving this right [to education] progressively." Article 24(1) with respect to health care is interesting in view of...

26 May Islamic Law and International Arbitration

outlined by T.K. Seung in Intuition and Construction: The Foundation of Normative Theory (1993). In this account, intuition and construction are two integral processes intrinsic to the functional role of Platonic Forms (or ‘Ideas,’ ‘Archetypes,’ etc.). Platonic Forms—like the Sharī‘ah—are (is) indeterminate, while nonetheless serving as normative, intuitive, and nonpropositional foundations for constructing (propositional) models as guides for determinate social realities, thus, for example, (the Form) Justice is only the normative foundation for constructing models of determinate social orders, none of which fully realizes Justice, and all of which endeavor...

08 May The Empire Strikes Back – Debating the Origins of the Customary Laws of War

...due humanitarian relief personnel, (ii) the prohibition of anti-personnel bullets that explode in the human body, (iii) the right of states to vest universal jurisdiction in national courts over war crimes; and (iv) the very existence of a rule prohibiting methods or means of warfare causing widespread, long-term or severe damage to the natural environment. Here’s a taste of the U.S. views: Virtually none of the evidence of practice cited in support of rule 78–[prohibiting use of bullets that explode within the human body]–represents operational practice; the Study ignores contrary...

15 Feb Habeas Relief Precludes Transfer of American to Iraqi Court

...court to fashion an order that, based on then-existing circumstances, ensures his lawful release from American custody." Roger, I can see the argument that Omar shouldn't have any habeas rights at all -- although ultimately I agree with the contrary decision of the full court (including Brown) on that question. But once it is determined that he is entitled to a federal court habeas hearing, isn't there something rather unseemly (or worse) about pretermitting that procedding by sending him off to another, more non-discriminating justice system? (Cf. Padilla and al-Marri.)...

09 May Gang Warfare and Preemptive Self-Defense

McGeeK Yes, it is absurd, but absurdity sometimes raises interesting questions. We debate what rules apply to armed conflicts between the U.S. and a non-state organization such as Al Qaida. Would any such rules apply to an armed conflict between two (or more) non-state organizations? Of course, nations are much more accountable than terrorist groups and criminal gangs, but in the search for a basis for prosecution, would grave breaches condoned and committed by an organization be available, or would one be limited to criminal law? What impact is there...

24 May Detention in the News

...tried only in Afghan courts. It is the sort of crime typically tried by military commissions during occupation, but the MCA appears to have been written defectively and not allow the charge. However, someone who has killed Americans is clearly a security risk, and may be held as a Civilian Internee (CI) during the term of hostilities provided that his status is reviewed every six months to determine if he is still a security risk. If challenged, the courts could certainly take the killing into consideration when considering the legality...