Last month the Eleventh Circuit in Valencia-Trujillo v. United States rendered an unusual decision that required the court to decide whether a state was acting "pursuant" to a treaty. If it was, the defendant had standing to pursue the action. If it was not, then he had no such standing. In extradition jurisprudence, the so-called “specialty rule” provides that...
[Rene Uruena is Assistant Profesor and Director of the international law program at the Universidad de Los Andes in Bogota, Colombia. He is also a Fellow at the Centre of Excellence in Global Governance Research, University of Helsinki.] Last year, Colombian armed forces bombed a guerrilla camp a couple of miles into Ecuadorian territory. After some diplomatic tension at the OAS, everyone made...
After more than a decade of legal wrangling, Chile has finally ratified the Rome Statute. Chile's accession means that every country in South America is now a member of the ICC -- a significant accomplishment. Congratulations, Chile!...
Events in Honduras occurred while I was in a plane on a long flight, so I do not have enough of a grasp of what the facts are, or appear to be, to offer an opinion. However, I wanted to note that, whatever they are exactly, they seem to have touched off an interesting, and not inconsequential debate, over what...
Next month is the 40th anniversary of the so-called "Soccer War" between El Salvador and Honduras, made famous by an elegaic essay by Ryszard Kapuscinski. (See also this clip, in Spanish Catalan.) In the midst of heated disputes over immigration, trade, border delineation and other issues, the two countries played each other in three qualifying games for the World Cup, one held in each...
Two genocide bloggers at Change.org, Michelle F. and Michael Bear Kleinman, have been engaged for the past couple of weeks in an impassioned debate over the ICC's arrest warrant for Bashir. (See here and here, for the most recent installments.) Michelle, though certainly not unaware of its dangers, supports the warrant. Kleinman opposes it, blaming the ICC -- like many...
Comments like this one, made not by some obscure commenter but by David Bernstein, a law professor at George Mason and a member of The Volokh Conspiracy, in response to my Dershowitz post below: Herein the phoniness of international law. Humble Law Student has raised several significant questions with Heller’s analysis, including whether it matters under international law, as it surely...
What happens to litigation that obviously should be pursued in a foreign country but is prevented from doing so by a forum non conveniens blocking statute? That's the question presented in a recent Florida state court case of Scotts Co. v. Hacienda Loma Linda. Here are the basic facts: Scotts sells a product to Hacienda that allegedly...
The New York Times and Washington Post (and lots of other places) report today (Saturday, September 20, 2008) that the two senior executives of the Human Rights Watch Americas Division, executive director Jose Miguel Vivanco and deputy director Daniel Wilkinson, were detained by Venezuelan security personnel in Caracas and placed on a plane to Brazil. From the NYT: Armed men in uniforms...
I want to join the rest of Opinio Juris in welcoming Tom; I have read Confronting Global Terrorsm and American Neo-Conservatism with great interest and am looking forward to commenting on it. As befits someone who, on some definitions anyway, probably counts as a neo-con, I have some disagreements with the book - starting, unsurprisingly, with the definition of neoconservative...
My blogging has slowed down the past couple of weeks, because I've been traveling and finishing a book chapter that criticizes Moreno-Ocampo's approach to deciding which situations to investigate. (See my previous post.) But I would be remiss if I did not mention this interesting piece of news -- the Fifth Circuit has reversed the district court's dismissal of the...
It's been a while since I wrote about Luis Posada Carriles, former CIA asset and admitted terrorist, who currently walks the streets of Miami as a free man due to the Bush administration's disinterest in punishing terrorism committed against countries the US doesn't like. Fortunately, Posada Carriles may not be free much longer, thanks to a decision by the Panamanian Supreme...
