In association with the International Commission of Jurists

Featured

19 Oct

[caption id="attachment_10102" align="alignright" width="61" caption=" "][/caption] [caption id="attachment_10105" align="alignleft" width="105" caption="Evan Criddle"][/caption] [caption id="attachment_10106" align="alignleft" width="97" caption="Evan Fox-Decent"][/caption] We would like to begin by thanking Opinio Juris and the Yale Journal of International Law for hosting this symposium, and Alexander Orakhelashvili for generously agreeing to act as our interlocutor. In international law, the term “jus cogens” refers to norms that are considered peremptory in the...

|
18 Oct

[caption id="attachment_10089" align="alignright" width="101" caption=" "][/caption] The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris in our fourth online symposium (previous symposia can be found here). This Monday, Tuesday, and Wednesday we will feature three Articles published by YJIL in Vol. 34, No. 2, which are available for download here. Our sincere thanks to Julian...

|
16 Oct

The Obama Administration is becoming famous for their Friday night news dumps (deficit reports are always on Fridays).  So here is another one sure to anger some parts of their base, but which is carefully buried while everyone is watching the Yankees beat up on the Angels. The Obama administration has formulated a new policy for Sudan that proposes working with that country’s...

|
14 Oct

The Washington Post reports that a prominent Democratic fundraiser and close ally of Senator John Kerry (chairman of the Senate Foreign Relations Committee) is seeking to be permitted to lobby on behalf of the current Sudanese government.  This may seem a little weird, and even morally distasteful, but it is another logical consequence of the engagement strategy.  As the hopeful...

|
10 Oct

I have no expertise in this area, so I'm not going to opine on the legality of Zelaya's ouster.  Two things, however, are worth noting.  First, the report that Julian mentions was not written by the Congressional Research Service -- a mistake that others on the right have made.  It was written by the Law Library of Congress.  Second, the...

|
10 Oct

Senator Jim DeMint of South Carolina weighs in today with a WSJ oped blasting the Obama Administration's policy toward Honduras. Putting aside the merits of DeMint's analysis for the time being, I found his oped interesting for two reasons: one having to do with DeMint's somewhat sketchy actions, and the other with Harold Koh's potentially sketchy legal advice. 1) "One Voice"? DeMint is...

|
09 Oct

This video from Anne Bayefsky of the Human Rights Council meetings on the Goldstone Report is fascinating (though I am not on board with her over-the-top attack on Goldstone personally).   But note the indiscriminate and  deeply hypocritical use of the words "genocide," "war crimes," and "crimes against humanity" by the least morally attractive member states of the HRC (How...

|
06 Oct

Assuming that the other Circuits follow suit, Roger is almost certainly right that the Second Circuit's recent decision in Talisman Energy "will be the death knell for most corporate liability claims under the Alien Tort Statute."  That's regrettable in itself.  What's particularly regrettable, though, is that the Second Circuit still has no idea what it's talking about when it comes...

|
29 Sep

I just wanted to note that I have posted to SSRN The Language of Law and the Practice of Politics: Great Powers and the Rhetoric of Self-Determination in the Cases of Kosovo and South Ossetia, which is part of the special issue of the Chicago Journal of International Law about great power politics to which Ken has referred a couple of times....

|
21 Sep

According to Newsweek, the answer may well be yes: As chief prosecutor of the International Criminal Court, Luis Moreno-Ocampo has so far steered clear of controversial cases. In doing so, he hoped to allay U.S. fears that the ICC would become a politicized tool for settling scores. Which is why it's so surprising that Moreno-Ocampo is now considering an investigation into...

|
26 Aug

One of my favorite ICL scholars, Guenael Mettraux, recommends precisely that in a recent New York Times op-ed.  Here is the core of his pitch: The Guantánamo detainees pose a similar conundrum today. Trying these men stateside would necessarily require the compromise of long-cherished principles of American law. Yet continuing to hold them without the prospect of a fair trial or...

|