Great news -- an appeals court in Ecuador has upheld the $18 billion damages award imposed on Chevron for the damage caused by its deliberate dumping of more than 18 billion gallons of toxic waste-water in the country, known as the "Rainforest Chernobyl": The lawsuit deals with pollution of the rainforest by energy company Texaco, which Chevron bought in 2001. Chevron...
This post will seem like an extended plug for my own work, so apologies. But I wanted to offer a few thoughts on the legal issues raised by Ruti's excellent post, the politics of which -- with one exception, noted below -- I completely share. First, Ruti asks whether Libya should be able to claim the right to try to Saif...
"He looked up again at the portrait of Big Brother. The colossus that bestrode the world! The rock against which the hordes of Asia dashed themselves in vain! ...
The OTP is seeking an arrest warrant for Abdelrahim Mohamed Hussein, the Sudanese Defence Minister, in connection with a number of attacks on civilians in Darfur between August 2003 and March 2004. The request alleges that Hussein is responsible for war crimes and crimes against humanity committed during the attacks, but does not include a genocide charge. According to Bill...
Don't worry, I will not be linking to any and all reviews of my book. (Only the good ones.) I mention this review -- a review essay written by the distinguished scholar David Fraser at Nottingham (sub. req.) -- because it uses my book as a springboard to discuss a number of important historiographic issues concerning World War II scholarship...
That's the question that a Ninth Circuit en banc panel heard yesterday in Movesian v. Versicherung AG. There is no statute, treaty or executive order refusing to recognize the Armenian Genocide, but there have been equivocal statements by various Presidents on the subject and failed attempts to adopt congressional resolutions recognizing the Armenian genocide. Is that enough to...
[Shana Tabak is a Visiting Associate Professor of Clinical Law at The George Washington University Law School, where she is also a Friedman Fellow with the International Human Rights Clinic. She is the author of False Dichotomies of Transitional Justice: Gender, Conflict and Combatants in Colombia, 44 N.Y.U. J. Int'l L. & Pol. 103 (2011).] I’m very grateful to Professors...
[Ruti G. Teitel is the Ernst C. Stiefel Professor of Comparative Law at New York Law School.] I am happy to join the conversation on Shana Tabak’s "False dichotomies of Transitional Justice Gender, Conflict and Combatants in Colombia," forthcoming in the next issue of the NYU Journal of International Law & Politics. Tabak’s article is a thoughtful meditation on the...
[Vasuki Nesiah is an Associate Professor of Practice at NYU's Gallatin School of Individualized Study.] From manufacturing petrol bombs in their homes in Northern Ireland to planning assassinations in Colombia, female combatants confound received scripts of gender and war. Shana Tabak’s article challenges the analytical frameworks deployed by orthodox approaches to transitional justice, lays out an alternative framework that she...
[Shana Tabak is a Visiting Associate Professor of Clinical Law at The George Washington University Law School, where she is also a Friedman Fellow with the International Human Rights Clinic.] Although the field of transitional justice has made great strides in addressing harms perpetrated against women in the aftermath of conflict, this paper argues that transitional justice mechanisms mistakenly rely on...
This is the first project in a new partnership between the NYU Journal of International Law & Politics and Opinio Juris. This series of postings will feature reactions from leading scholars to our three forthcoming articles to be published in 44:1. The editorial board of the Journal would like to thank Opinio Juris and Professor Peggy McGuinness, as...
That's the question asked by my friends at Wronging Rights, in response to a recent article in Time: TIME claims to have obtained an internal ICC memo showing that the Court is "compiling evidence of possible recent war crimes in southern Sudan, allegedly directed by Sudanese Defense Minister Abdelrahim Mohamed Hussein." Apparently, in addition to the Prosecutor's request...
