In association with the International Commission of Jurists

Recent Posts

03 Mar

Although Malaysia and Indonesia have both been devastated recently by the December tsunami, they have apparently recovered enough to start squabbling over undersea development rights on two previously disputed islands, the Sipadan and Ligitan islands. The International Court of Justice awarded sovereignty over the two islands to Malaysia in a 2002 judgment, but Indonesia continues to contest the extent...

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02 Mar

According to recent reports, the U.S. is considering lowering the level of ire in its rhetoric towards Iran and even providing incentives to Iran (such as not blocking Iran’s bid to enter the WTO) for setting aside its attempts at constructing nuclear weapons. This turnabout of U.S. policy (see, by contrast, here) seems to be in response to calls by...

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02 Mar

The following is the text of the memorandum issued by the President yesterday with respect to the enforcement of the ICJ's order which I discussed here and here. It is NOT an executive order (as I had thought), but it is some kind of memorandum from the President. Some questions: Is it essentially an executive order? What is its legal...

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02 Mar

The Roper v. Simmons and Medellin discussions highlight one of the points of tension between the US and its closest international allies – the continuing use of the death penalty in this country. Julian has elucidated in his thorough and helpful discussions here and here the important constitutional law and federalism issues raised by Medellin, as well as the question...

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02 Mar

I recently posted about Saddam’s trial moving forward. Yesterday, one of the judges of the Iraqi Special Tribunal, Barwize Mohammed Mahmoud al-Merani, and his son were murdered. (News report is here.) The judge was also a leading Kurdish politician and his son was an attorney at the tribunal. Authorities believe they were killed by insurgents.This comes a day after the...

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02 Mar

I am gratified for some of the comments below to my very long post on Medellin. Please indulge me as I follow up with a further clarification of why I believe the ICJ judgment should not be enforced by the courts.I agree with Andreas that enforcing the ICJ judgment would not necessarily make the ICJ a higher court. Rather, the...

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01 Mar

Busy news day here at Opinio Juris. The ACLU and Human Rights First announce that they, along with a group of former military officers, have sued Donald Rumsfeld over the use of torture and/or other abuses at Guantanamo Bay, Iraq, and Afghanistan.Really quick take: The biggest practical obstacle here is Rumsfeld's immunity as a government official. Still, there might be...

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01 Mar

The Supreme Court today held that the practice of executing individuals for crimes they committed below the age of 18 is a violation of the Eighth Amendment. Justice Kennedy's opinion for the Court here includes an extended discussion of the relevance of foreign and international practice to the interpretation of the Eighth Amendment. Some highlights on this issue:Our determination...

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01 Mar

As I noted on Friday, respondent's brief were due yesterday in Medellin v. Dretke, the Supreme Court case considering the domestic enforcement of judgments by the International Court of Justice. Texas filed a brief (which can be found here) as did a group of law professors (myself included) who filed an amicus brief here in support. But the big question...

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28 Feb

In this opinion handed down today, Judge Henry Floyd of the US District Court in Charleston granted Jose Padilla's habeas petition, explicitly rejecting the government's position that the President has broad powers to detain US citizens as enemy combatants. The government has 45 days to charge Padilla with a crime, hold him as a material witness, or release him. Here's...

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28 Feb

In a case argued this morning at the Supreme Court, the Department of Justice has sided with a group of disabled cruise passengers who sued Norwegian Cruise Lines for failing to provide the kinds of accommodations required on public transportation under the Americans with Disabilities Act. NCL argues that, because their ships fly under the Bahamian flag, extraterritoriality doctrines should...

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