Mark your calendars! News reports out of the Balkans suggest that the International Court of Justice will release its long-awaited ruling in Bosnia's application against Serbia on February 26, 2007. Bosnia has alleged that Serbia committed genocide during the Balkan wars of the 1990s and the ICJ held extensive hearings on the case last May. No confirmation...
The U.S. Court of Appeals for the D.C. Circuit yesterday upheld a lower court order barring U.S. forces in Iraq from transferring a U.S.-citizen enemy combatant to Iraqi custody. The case, Omar v. Harvey, is a potentially important one because it indicates that U.S. federal courts will continue to maintain habeas corpus jurisdiction, even where petitioners are held by...
For the first time ever I am using Google Books as a resource in my current legal research for my forthcoming article. You have probably read about the Google Books project before, but if you are like me you have not yet incorporated it into your research. Based on my recent experience, I would strongly recommend that you do...
Ed Swaine had suggested in response to post of mine several months back that there might be a downside to the increasing willingness of flagship journals to publish IL-related articles, namely, that student-edited IL specialty journals might be orphaned as a result. That seemed like a plausible hypothesis. To make a comparison to a similar phenomenon in a...
[Jay Thomas is a professor at Georgetown University Law Center where he teaches, among other things, international intellectual property law.] The U.S. Court of Appeals for the Federal Circuit recently held that a U.S. district court did not possess subject matter jurisdiction over assertions of foreign patent infringement. In Voda v. Coris Corp., the Federal Circuit rejected the district...
Eugene Volokh has an interesting post over at VC on emerging international norms against hate speech (and hate speech against religions in particular). Though I won't do the argument justice here, the basic line is that these norms are bad and (more perhaps controversially) actually dangerous. (See also his related posts here, here and here.) For the latter proposition,...
Representatives of fifty-eight nations met in Paris to sign a non-binding accord on child soldiers. The signatory states pledge to not use anyone under the age of 18 in hostilities. The statute of the International Criminal Court treats the use of soldiers 15 and under as a war crime. Given the supposedly global international law norm against capital punishment those...
The good news: The Bush Administration has finally brought criminal charges against Luis Posada Carriles — the Venezuelan terrorist and former CIA asset who blew up a Cuban commercial flight in 1976, killing 73 innocent people — narrowly avoiding a federal judge's February 1 deadline to prosecute or release him. The bad news: The Bush Administration has charged Posada with making...
The Lockerbie trials continue to raise interesting issues of international law and practice. The latest wrinkle is whether the criminal conviction of Al-Megrahi by the Lockerbie court can have preclusive effect in the United States pertaining to plaintiffs' ATA and TVPA claims. In a decision of first impression, a federal district court in Hurst v. Libya ruled that...
The Harvard International Law Journal has launched a web-based companion site called ILJ Online. The site will host original web-only content such as remarks by U.S. State Department Legal Adviser (and Opinio Juris guest-blogger) John Bellinger on the Military Commissions Act of 2006. It also provides web-only articles and commentary, such as a recent useful discussion of topics...
The D.C. Circuit has resolved numerous terrorism cases under the Flatow amendment to the FSIA. But last month's decision in Perles v. Kagy offers a new twist to the cottage industry of terrorism cases. It involves a fight for the spoils of the terrorism litigation between the plaintiff attorneys. Steven Perles is the attorney who brought the successful claims against...
U.S. Congressman Adam Schiff of California introduced a resolution last week called the "Affirmation of the United States Record on the Armenian Genocide Resolution." It calls upon President Bush to "to ensure that the foreign policy of the United States reflects appropriate understanding and sensitivity concerning issues related to human rights, ethnic cleansing, and genocide documented in the United...
