I will write on this at greater length in a couple of days after a few of the key parties have made their arguments. For now, I just want to note that the oral proceeding transcripts will be available here. In the Tuesday morning session (which is all that has been posted at the time of this writing), Serbia set out...
Americans who defend the legality of the invasion of Iraq almost invariably point to the fact that Britain's Attorney General, Lord Goldsmith, also approved the invasion. That argument has always been questionable; rumours have long circulated that Lord Goldsmith did not believe that the invasion was legal, but was pressured by Downing Street into approving it anyway. According to an explosive...
The just-released CFR web publication "Public Opinion on Global Issues" offers one-stop shopping for those looking for public opinion surveys across a range of transnational policy issues. The overview explains how CFR and the Univ. of Maryland consolidated all publicly available opinion polls and provides a few significant findings: The international community confronts a daunting array of transnational threats and challenges...
I criticize the Registry regularly, so it's important to acknowledge when it does something right. I blogged a couple of weeks ago about the Registry's indefensible position that Dr. Karadzic's trial had not started, so the defence team was not entitled to any funding until the trial "began" in March. The Registry has now reversed its decision and approved 250...
The Nation has just published an extensive article documenting the "secret war" Blackwater employees have been conducting in Pakistan. The opening grafs: At a covert forward operating base run by the US Joint Special Operations Command (JSOC) in the Pakistani port city of Karachi, members of an elite division of Blackwater are at the center of a secret program in which...
One of the remarkable differences between the Obama Administration and the Bush Administration in terms of international litigation is the utter silence of this State Department in filing amicus briefs and/or statements of interest. I know that Harold Koh has only been Legal Adviser since June and Sarah Cleveland has only been Counselor on International Law since September, but...
This story from the New York Times about the corruption of Teodoro Obiang certainly hits close to home. His $35 million dollar estate in Malibu is just down the hill from Pepperdine. Several times a year, Teodoro Nguema Obiang arrives at the doorstep of the United States from his home in Equatorial Guinea, on his way to his...
The Fifth Circuit earlier this month issued a highly unusual decision addressing whether state law could "reverse preempt" the New York Convention. As any student of international arbitration knows, state law occasionally attempts to limit the enforceability of arbitration agreements. Such a policy is preempted by the New York Convention as implemented by the Federal Arbitration Act. ...
The following is a guest post by Lt. Col. Chris Jenks, the Chief of the International Law Branch in the Office of the Judge Advocate General. Lt. Col. Jenks is posting in his personal capacity. A Canadian Court recently sentenced Désiré Munyaneza, a former Rwandan Army officer, to life imprisonment with eligibility for parole following his conviction in May for...
Another day, another attempt by the Registry to undermine the fairness of Dr. Karadzic's trial. Rule 3.3 of the Registry's Remuneration Scheme for Persons Assisting Indigent Self-Represented Accused provides that a self-representing defendant's legal team is entitled to be paid for "a maximum of 150 out-of-court preparation hours...
As I reported here, the two cases of Sullivan v. Florida and Graham v. Florida present the best opportunity for constitutional comparativism since Roper v. Simmons. We apparently are an international outlier and the Convention on the Rights of the Child, with 190 parties, categorically prohibits JLWOP for everyone under the age of eighteen. But from reading the transcripts...
Both Martin Holterman and Sasha Greenawalt have questioned my repeated -- and quite deliberate -- insistence that "no competent barrister will accept appointment as stand-by counsel under these circumstances," and that any barrister who does accept the appointment will thus "be interested in one thing and one thing only: the free publicity that comes with it." Martin's comment is the...
