The Pre-Trial Chamber II (PTC) has confirmed the charges against 4 of the 6 defendants in the Kenya cases. The following is from the PTC's oral summary of their decision: Summary of Decision in Case 1 I will now turn to the merits of Case 1, the Prosecutor v. William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang...
It's difficult to accuse these guys of being soft on Tehran, so it's hard to quibble with their conclusion: The intelligence assessment Israeli officials will present later this week to Dempsey indicates that Iran has not yet decided whether to make a nuclear bomb. The Israeli view is that while Iran continues to improve its nuclear capabilities, it has...
Samuel Morison, Appellate Defense Counsel with the Office of the Chief Defense Counsel, Department of Defense, has posted a superb new esssay on SSRN entitled "Accepting Sosa's Invitation: Did Congress Expand the Subject Matter Jurisdiction of the ATS in the Military Commissions Act?" Here is the abstract: The Alien Tort Statute (ATS) provides a federal forum for aliens to seek...
Gabor Rona posted a response to Jens Ohlin yesterday. Jens responded at LieberCode -- and now Gabor has responded to Jens's response (and John Dehn's comment on his OJ post). Here is what Jens wrote (reposted with permission): Many thanks to Gabor Rona for taking the time to continue this conversation. There’s a lot in Rona’s post, but I want to...
The Obama administration announced the demise today of the Keystone XL pipeline, which would have done nothing to promote America's energy independence but everything to promote climate change: President Barack Obama on Wednesday rejected a Canadian company's plan to build a U.S.-spanning, 1,700-mile (2,700 kilometer) pipeline to carry oil across six U.S. states to Texas refineries, raising the stakes...
Here's an actual headline from Fox Nation, part of that fair and balanced news organization we all know and love: Sovereignty's a bitch, isn't it?...
Jens Ohlin has continued the conversation about IHL and IHRL at LieberCode. Here is a snippet, self-servingly chosen because I want to comment on it: It strikes me as curious that human rights activists are so quick to cabin CIL application of the IHL rules of IAC to NIAC. To my ear, it is one of the great advancements...
There has been much debate the past couple of days about whether the bomb attacks that have killed at least three Iranian nuclear scientists since 2010 qualify as terrorism. Glenn Greenwald and Kevin Drum on the left and Andrew Sullivan on the right say "yes"; many of their readers (see Greenwald here) and the editor of Technology Review say "no." ...
The media has been abuzz the past couple of days about a video that shows four U.S. Marines urinating on dead Taliban soldiers. The military's response to the blossoming controversy has been admirable. In addition to the Pentagon quickly confirming its authenticity, the Navy has stated that it is "deeply troubled by the video. Whoever it is, and whatever the...
I want to call readers' attention to a very useful new essay written by Emory's Laurie Blank, which is forthcoming in the William Mitchell Law Review. Here is the abstract: Targeted strikes – predominantly using drones – have become the operational counterterrorism tool of choice for the United States over the past few years. Targeted killing can...
I am delighted to announce that Lt. Col. Chris Jenks -- currently the head of the International Law Branch at the U.S. Army JAG, an occasional contributor to Opinio Juris, and my very first PhD student (my colleague Gerry Simpson is his other supervisor) -- has accepted a tenure-track assistant professor position at SMU's Dedman School of Law. Chris will...
I think there is little doubt where I stand on the merits of the Chevron litigation, so I am not going to get into the substance of the dispute here. But I have an honest question that I am hoping someone will answer. Let's assume, for sake of argument, that Chevron is correct to argue that the $18 billion judgment...
