Search: Symposium on the Functional Approach to the Law of Occupation
17 Sep Brennan, Detention and Congress
prosecution authority should explicitly mirror that broad scope. The U.S. should be transparent and consistent in its approach to terrorism. Sometimes, the better part of valor is integrity . . . Jordan Response... With respec to military commissions, there are several reasons why the Supreme court's recognitions in Hamdan play havoc with their propriety -- no ad hoc, special tribunals under GC3 (only regularly constituted tribunals), no law of war commission jurisdiction over crimes that are not part of the laws of war, no "stinky" procedures (a Texas phrase). I...11 Mar The Relationship Between the VCCR and Miranda
...consulate simply because I had the presence of mind to hire a lawyer and refuse to make a statement to the police. And if incarcerated, I would want them to make their statutorily required prison visits to me as well! John Corbett Peggy, In this case, it appears that the defendant chose not to hire an attorney. Given that fact, the question then seems to become whether the defendant's failure to demand an attorney can be seen as the functional equivalent of a waiver of his/her right to contact and...11 Aug Emerging Voices: What’s in a Mandate? Protecting Civilians in South Sudan
[Bart L. Smit Duijzentkunst recently received his PhD in international law from the University of Cambridge. He will be teaching international law at the Fletcher School of Law and Diplomacy, Tufts University, in the 2015 fall semester.] When, in December 2013, the United Nations Mission in South Sudan (UNMISS) opened its gates to thousands of civilians fleeing violence in the wake of an alleged coup, it also opened a new chapter on the UN’s commitment to the protection of civilians. Two decades earlier UN troops had received vague orders to...23 Jan A Response from the Human Rights Community
receive. That can’t plausibly be an outcome we seek. Perhaps most troubling in this line of argument, Mr. Bellinger asserts that the bargain the Geneva Conventions strike may be summarized as follows: “Ignore the laws of war, and you cannot seek the status given to lawful combatants.” Because the Taliban violated the law of war, they are not entitled to the protection of the law of war. This is something like a circular argument. The Taliban no doubt committed war crimes; accordingly they should be prosecuted for these violations under...22 May A Word on Maqaleh
...who have NEVER been afforded the protections or rights of Enemy Prisoners of War under the law of armed conflict, OR the right to contest their U.S. military-assigned status, who are being treated by the American judiciary as LEGITIMATELY-defined POWs or non-POW detainees with a lawfully-assigned status, despite their never having been able to dispute it in front of a "competent tribunal," as clearly required by international law. Even the belatedly-ongoing habeas hearings in the D.C. District are ignoring the violations of the law represented by the absence of Article...08 Jan Profiling International Child Abduction Suspects
...still have his Georgia H.O.P.E. scholarship if the United States doesn't successfully have him returned. There are some dishonest people in the US Office of Children's Issues who should be fired for their egregious abuse of power, efforts to obstruct law enforcement, and . . .. I would love to be interviewed regarding this matter and to provide documentation on the Sweeney-Villa: Abduction in Fiuggi Case. There is no excuse for creating a Fake Hague and for telling law enforcement not to follow the constitutional law of the land. Nor...08 Mar Samantar Asks for Supreme Court Review Again
so. Status-based immunity. Under international law, status-based immunity covers the current-holder of particular offices, generally limited to the so-called troika of head of state, head of government, and minister of foreign affairs. Conduct-based immunity. Under international law, conduct-based immunity covers officials not entitled to status-based immunity and to all former officials. (2) What?—i.e. what acts are covered by the particular immunity at issue? State immunity. Under international law, state immunity covers public acts (acta jure imperii) but not private acts (acta jure gestionis). Status-based immunity. Under international law, status-based immunity...11 Jul Goldsmith and Katyal Propose a “National Security Court”
as organized crime or war crimes, so why not terrorism? The second set of issues relates to the differences in procedural and substantive law between these specialized courts and regular civilian courts. There would again be little or no problems under human rights law to have bench trials instead of jury trials, to limit the hearsay rule or the exclusionary rule, as long as sufficient fair-trial guarantees exist. But when it comes to detention and to my knowledge of international and European case-law, a regime of preventative detention, even if...30 Aug NYT’s Kristof: Obama’s Sudan Policy is a Failure
...The question though is, what exactly is the flaw in the Obama policy? Is it not being tough enough on Sudan? Or is it being too tough? Kristof can’t seem to decide. His complaint seems to be that Obama is unengaged. (This seems to be a common complaint about Obama, and I think it is unfair. I am not an Obama supporter, but he does have a lot on this plate right now). In any event, I think we can all agree that the goal here is to prevent the...13 May Guest Post: Official Act Immunity-Keeping the Questions Straight
[ William S. Dodge is Professor of Law and Associate Dean for Research at the University of California, Hastings College of the Law. From August 2011 to July 2012, he served as Counselor on International Law to the Legal Adviser at the U.S. Department of State, where he worked on the amicus brief of the United States to the Fourth Circuit in Yousuf v. Samantar. The views expressed here are his own and do not necessarily reflect the views of the State Department or of the United States.] In Yousuf...