I was hoping that the discussion last week would address not only who could be tried by a military commission, but also for what crimes someone could be tried. That issue flared up again yesterday in the Hamdan trial, when the presiding military judged refused to instruct the jury that any attempt by an "unlawful enemy combatant" -- a status...
Almost buried amid the last-minute flurry of litigation over Medellin's pending execution tonight at 7 p.m. EDT, Texas has made a potentially important but ambiguous concession to the ICJ. It has agreed to support federal habeas petitions in the future for Mexican citizens arguing that a failure of consular notification had caused prejudice to their criminal conviction and death sentence....
As I've mentioned before, I'm completing a short, popular, non-academic, policy book on US-UN relations. The genesis of the book, however, was the run-up to the UN reform summit, the General Assembly summit (and accompanying final document) of September 2005. My editors have been beyond patient in waiting for me to finish this not-very-large project. But I must say that the...
We are pleased to host this week a discussion of Benjamin Wittes’ book Law and the Long War. Ben's book is a comprehensive analysis of how September 11th did--and did not--change National Security Law, the disparate group of legal mechanisms related to counter-terrorism. It is also about what the role of law in counter-terrorism should be. It is a book that is sure...
Ordinarily I do not blog on articles or discussions that seem to me entirely muddle-headed; life is too short. However. (Admittedly irritating digression: Life is particularly too short here at the Hoover Institution, Stanford, where I am spending a few weeks finishing a book manuscript on US-UN relations in the next administration, whosever it happens to be. The weather in Palo...
We are very happy to announce that, as of Monday, Deborah Pearlstein of Princeton University's Woodrow Wilson School of Public and International Affairs will be joining Opinio Juris as our newest (OK, only by two weeks) member. A scholar and practitioner in national security law, Deborah served from 2003 to 2007 as the founding director of the Law and Security Program at Human Rights...
I've been spending more time than is probably healthy over the last year researching the Compact Clause. Article 1, Section 10 of the Constitution prohibits U.S. states from entering into any "treaty, alliance or confederation" and bans them "without the consent of Congress" from entering "into any agreement or compact with another state, or with a foreign power." The Supreme Court...
As Texas stays on track to execute Jose Medellin on August 5, it is worth shifting our attention back to Texas. I've always thought the ideal solution to the ICJ-Vienna Convention conundrum is for each individual state to independently comply with the ICJ's judgment. Although I think the ICJ's interpretation of the Vienna Convention is not entirely persuasive, I think...
As frustration with the Bush administration's War on Transparency continues to mount, scholars and pundits are beginning to suggest that the U.S. should think about creating a South African-style Truth and Reconciliation Commission to investigate the administration's many crimes. Nicholas Kristof is one example. Richard Clarke is another. And a third is Katherine Tiedemann, writing in The American Strategist: The South...
The New York Times has a prominent, page 3 international story datelined from the UN by C.J. Chivers, "US Position Complicates Global Effort to Curb Illicit Arms." Let me step here directly, but I hope carefully, into the international aspects of a very emotional US political debate. (And thanks to Glenn Reynolds once again for the Instalanche! I also want...
When international lawyers say that sovereignty is a social construction, I doubt any of us mean it as literally as does the Seasteading Institute, an organization founded by Patri Friedman, grandson of Nobel Laureate economist Milton Friedman, and Wayne Gramlich. Their goal is to foster a seasteading movement, people building structures on the high seas that would become independent and...
In conjunction with the announcement of our new partnership with Oxford University Press, Opinio Juris is pleased to roll out our redesigned site. A lot of hard work has gone into the redesign and we want to thank Seth Elalouf of Spacesuit Group Design for his technical and design support during our migration to a new hosting platform and...
