As a progressive, I'm delighted that Bradley Manning was acquitted of aiding the enemy but horrified that he was convicted of espionage. Ethically, Manning is a hero, not a spy. As a law professor, though, I think it's critically important to get the law right -- and unfortunately, many commentators are simply misstating what the Espionage Act says and how courts...
Peter's reply is posted at Lawfare, and it addresses both my criticisms (here and here) and Steve Vladeck's (here). The reply is largely non-responsive to the points that I made in my posts; most of it is dedicated to establishing that the evidence presented at trial is sufficient to conclude that al-Bahlul participated in a JCE to commit 9/11 --...
On page 23, the amicus brief concludes that al-Bahlul's "convictions should be affirmed." Presumably, that means the brief is asking for the DC Circuit to affirm al-Bahlul's conviction for conspiracy as an inchoate offence -- that was the charge on the charge sheet, and that is the charge that was upheld by the military commission in its findings. (The other convictions were...
A group of scholars and former military lawyers, including a number of good friends, have filed an amicus brief that argues the DC Circuit should uphold al-Bahlul's conviction by redescribing his conviction for conspiracy as an inchoate crime, which does not exist under international criminal law, as a conviction for completed war crimes via conspiracy as a "mode of liability,"...
We are pleased to host the American Journal of International Law on-line symposium on the lead articles of the new issue of the AJIL, which were written by Leila Sadat (Washington University) and Eyal Benvenisti (Tel Aviv University). Today and tomorrow there will be a discussion of Leila Sadat's article, Crimes Against Humanity in the Modern Age. The précis of her piece explains...
International lawyers are used to explaining to skeptics the functional case for diplomatic immunity by emphasizing the benefits it provides. Here's the 5 second version: we want our diplomats to be able to communicate with their host States since the alternative to communication is often (and certainly used to be) conflict. To ensure open communication we need diplomats who feel...
It's been a few months in the making, but today we're kicking off our inaugural Emerging Voices symposium. Until late August, we'll bring you a wide variety of posts, all written by graduate students, junior practitioners and junior academics. So watch this space if you want to read more about international law's often forgotten connections with the humanities, expat voting rights under...
This week, we're hosting a symposium on The Democratic Foundations of Policy Diffusion: How Health, Family and Employment Laws Spread Across Countries, a new book by Katerina Linos (Berkeley Law). Here is the publisher's description: Why do law reforms spread around the world in waves? Leading theories argue that international networks of technocratic elites develop orthodox solutions that they singlehandedly transplant across countries....
I have refrained from weighing in on the recent scandal at the ICTY concerning a letter written by the Danish judge, Frederik Harhoff, that accuses the President of the Tribunal, Judge Theodor Meron, of pressuring his fellow judges into acquitting high-profile defendants such as Gotovina and Perisic. I have done so not because the scandal isn't worth mentioning, but because...
I have been making my way through the defence response to Libya's admissibility challenge. It's excellent, both with regard to why Libya is not prosecuting the "same conduct" as the ICC and with regard to why Libya is currently unable to genuinely prosecute Al-Senussi. I was particularly struck by the defence argument that Libya does not currently have complete control...
Opinio Juris is pleased to welcome Professor Neomi Rao of George Mason University School of Law as guest-blogger for the next week. With the Syria crisis re-emerging as a possible flashpoint for military intervention, we thought it would be interesting for Professor Rao to discuss her recent work on the status and impact of the "Responsibility to Protect" principle that is...
There has been a rightful flurry of media interest in the saga of Edward Snowden, the U.S. government contractor who is the apparent source of the leaks about the U.S. National Security Program's data mining surveillance program. One area of focus is Snowden's decision to take refuge in Hong Kong from a possible prosecution by the U.S. government. As I noted...
