As I noted in my previous post, the CMCR's opinion in al-Bahlul repeatedly cites the Nuremberg-era crime of criminal membership in defense of its belief that material support for terrorism and conspiracy qualify as war crimes. I continue to believe that the best counter-arguments to that idea are (1) that criminal membership was not a war crime at Nuremberg (the...
I've received a number of emails arguing that I do not take seriously enough the CMCR's analogy between conspiracy and the crime of membership in a criminal organization. The obvious response is that: (1) criminal membership is not a war crime; (2) the elements of conspiracy and criminal membership are completely different; (3) the tribunals on which the CMCR relied...
Even I thought the Court of Military Commission Review couldn't reach such an absurd conclusion. I was wrong: The Government has made a “substantial showing" that the conduct alleged, including appellant’s (an AUEC’s) agreement with bin Laden and others to commit the object offenses, with knowledge of and intent to further the unlawful purposes of that agreement, and commission of the...
David Bosco has an essay at Foreign Policy arguing that the current financial and security crises, rather than weakening international intitutions, are strengthening them. In short, there are so few options, that leaders are turning to international organizations and relying on them. But there may also be a more fundamental shift that is occurring in international economic policymaking: ...
How could I have missed this? According the Guardian: The principality of Liechtenstein has decided to make itself available to private clients, from $70,000 (£43,000) a night, complete with customised street signs and temporary currency...
Read the Harry Potter books and/or seen all the movies? Concerned about the post-conflict issues after the end of the War with Osama bin Laden Voldemort? The folks at Foreign Policy have got your back, tying together recent articles on post-conflict studies with the Harry Potter universe. (Warning: Spoilers!) Who knew Hogsmeade and Kandahar could have so much in common?...
Or so it would seem, based on this analysis from the European Center for Law and Justice, a right-leaning public interest law firm. A proposed new law in Poland appears to ban abortion under any circumstance, thus replacing the current law, which allows exemptions for the mother's health and for cases of rape and incest. If, as the ECLJ argues,...
So I leave the country and the blogosphere for a few months, and what happens? (Well, beside that "war" in Libya), circuit courts have gone all negative on my argument against corporate liability under the Alien Tort Statute. In addition to the D.C. Circuit's recent decision, the Seventh Circuit (speaking through Judge Posner) went out of its way to reject...
[This post is part of the Second Harvard International Law Journal/Opinio Juris Symposium.] In 2007, I authored two papers -- one for a military audience and another for a legal one -- arguing that debates over the law's response to the growing range of cyberthreats would likely track ongoing debates over law's response to terrorism. In that context, we've seen 4 options...
The following is a guest-post by Mark Kersten. Mark is a PhD candidate in International Relations at the London School of Economics and author of the (excellent) blog Justice in Conflict. His research examines the nexus of conflict resolution and the pursuit of international criminal justice. Trying to Get to the Bottom of the “Peace versus Justice” Debate...
Last week Julian Ku and I had the pleasure of working with Business Roundtable and a wonderful group of international law scholars--Rudolf Dolzer, Burkhard Hess, Herbert Kronke, Davis Robinson, Christoph Schreuer, and Janet Walker--on a Second Circuit amicus brief addressing the propriety of antisuit injunctions under international law. The amicus brief addresses an appeal of Judge Kaplan of the...
Humberto Leal is scheduled for execution in Texas on July 7th. A Mexican national, Leal was not notified of his right to consular assistance under the Vienna Convention of Consular Relations. In light of the International Court of Justice's decision in the Avena case (Mexico v. U.S.), Congress is currently working on legislation to bring the U.S. into compliance with its international...
