An international survey of nine countries reveals that in no surveyed country except two do a majority of respondents maintain that torture is never justified. A majority in four countries maintain that it rarely, sometimes, or often is justified. In response to the question, “How do you feel about the use of torture against suspected terrorists to obtain...
There are weeks when the irony level in the news is almost too much to bear. This is one of those weeks. In the city where the U.S. led and won the long battles against fascism and communist totalitarianism, a city that is now a vibrant center of democracy, the capital of one of the world’s largest economies...
While on the subject of Islamic radicalism, I thought it worthwhile to point you to an important article published by Professors Shaheen Sardar Ali and Javaid Rehman in Oxford's Journal of Conflict & Security Law entitled The Concept of Jihad in Islamic International Law. Particularly important is the discussion of differing interpretations of jihad. The authors identify three current...
As I mentioned earlier, U.S. Secretary of State Condi Rice is currently in Europe trying to build transatlantic ties, while at the same time fending off complaints about the CIA's activities in Europe. One of her statements defending the legality of "extraordinary renditions" is a useful pushback against the growing chorus of criticism against the CIA. She points out (and...
In this month's issue of Foreign Affairs, Niall Ferguson -- one of the best gifts Glasgow has bestowed upon the world in recent times -- has an interesting article entitled Sinking Globalization. Essentially the article presents a possible doomsday scenario that draws parallels between the perils of today and those of the 1910s. One aspect of his thesis that is...
As the fighting over the U.S. military's conduct of the war on terrorism, particularly its conduct in Guantanamo Bay, may be heading toward some resolution as a result of new legislation, attention is now turning to the CIA's activities in the war on terrorism.The CIA certainly seems busy. Recently, an alleged Al Qaeda leader was mysteriously blown up in Pakistan,...
Hello! First, thanks to Julian and the rest of the Opinio Juris team for inviting me to guest blog here for a while. I'm very excited to represent the IR perspective, and hope that I can bring something interesting to the table.I'd like to start off by addressing one of the more interesting and relevant questions: How is...
An excerpt of a motion challenging the legitimacy of the tribunal is here:“The Defense considers it their duty to point out at this juncture another peculiarity of this Trial which departs from the commonly recognized principles of modern jurisprudence. The Judges have been appointed exclusively by States which were the one party in this war. This one party to the...
Although those of us who blog here on a permanent basis come from a variety of perspectives, all of us are legal academics and no doubt our posts reflect the thinking of international lawyers.But there are other ways of looking at international relations, of course, especially from the discipline of political science. That is why we at Opinio Juris are...
Last week the 11th Circuit issued a decision in Jean v. Dorelien, available here, authorizing the plaintiffs ATS and TVPA lawsuit against the Haitian Colonel Carl Dorélien to go forward. In 1993, Dorélien allegedly subjected the plaintiffs relative, Michel Pierre, to torture, arbitrary detention, and cruel, inhuman and degrading treatment. The 11th Circuit reversed the dismissal of the lawsuit by...
Lots of breaking international news over at The Onion. As reported here, a group named the Army of Martyrs has acquired a quarter kilogram of plutonium, but then its terrorist efforts were thwarted after they discovered that not a single member of the group had the necessary physics and engineering background to construct a thermonuclear device. In addition, in this...
I figured Saturday morning would be a good time to publish a post specifically targeted at all those seriously overworked and slightly bored lawyers in law firms who simply must work this weekend. As Opinionista (the Law Firm Drone du jour) notes in her blogroll, this group is always in need of a few links to click when bored at...
