I'm not particularly surprised, but I'm still disappointed. Israel's ostensible justification is that the UNHRC resolution that created the fact-finding mission is biased, because it only asked Goldstone to investigate Israeli war crimes. That was a ridiculous move on the UNHRC's part, to be sure -- but one of the very first things Goldstone did was to make...
As with the earlier comments by Ed Swaine, I greatly appreciate Michael Ramsey’s astute observations regarding how political commitments fit into the constitutional discourse. I've endeavored to provide my initial responses to each of his suggestions below, although surely Duncan and I will build from his comments as we develop our theories going forward. We are pleased that Professor Ramsey agrees...
Der Spiegel reports from Germany (the article is detailed and worth reading in full): In the latest dispute over the European Union's anti-piracy mission off the coast of Somalia, lawyers representing two suspects being detained in Kenya have filed suits against the German government. They want Berlin to foot the bill for the suspects' defense and ensure they are given a...
(Update: At the end of this post, I put a note from Eugene Kontorovich on his new paper on piracy, apparently still a discussion draft and not yet on SSRN, but apparently available from him if you contact him at Northwestern.) In the midst of so much newspaper op-ed, blogosphere commentary on the piracy issue, Ruth Wedgwood - who has been...
All news is local, I guess, even in this supposedly globalized age. So it is not surprising that it took an attack on a U.S. ship with a U.S. crew to focus the American public's attention on the piracy problem off the coast of Somalia. But as readers of this blog can attest, the piracy issue has been flagged, addressed,...
(Update: It appears that the ship has been retaken, by the crew, according to the NYT. There have also been some reports that at least one pirate is in custody, or anyway control, of the crew. Here, then, is my question. If one of the (alleged) pirates has been taken into custody, what should legally follow? The US has been...
It is a rare thing indeed to find a published mediation decision involving a matter of such profound importance as the settlement of 9/11 litigation. Last month, Judge Hellerstein of the Southern District of New York published an order accepting the mediated settlement of 95 claims against the airlines for approximately $500 million. The order and accompanying mediator...
My long slow slide into complete disenchantment with the Obama administration continues. Comes now, via my two favorite national-security law bloggers, Glenn Greewald and Scott Horton, a truly terrifying tale in which a nameless and faceless Department of Defense committee attempts to put Clive Stafford Smith, one of the world's great human-rights lawyers, in jail for...
Over at Volokh, Eric Posner has a very interesting post today on the Koh nomination. Here is a snippet: Foreign-law opponents, take heart! Koh is not a cosmopolitan who seeks to sacrifice American sovereignty to foreign gods. He is a liberal who wants to move American law to the left. International law serves as a handy vehicle, to be used or...
The more things change, the more things stay the same -- at least with this administration: He had become the most vocal opponent of the trial of Guantanamo Bay detainee Omar Khadr, taking on a position more akin to politician than lawyer and launching a two-year public and media campaign that landed him on the front pages of newspapers and inside...
Tod Lindberg, research fellow at the Hoover Institution and editor of Policy Review (and, full disclosure, good friend of mine) has a new article out in Commentary, "The Only Way to Prevent Genocide." The article argues that while "creative diplomacy" can make a difference, in "the end, it may all come down to the willingness of the United States to...
Back in February, I noted that the ASIL Task Force on U.S. Policy Toward the International Criminal Court had adopted a set of recommendations for how the Obama Administration could take steps to engage with the ICC in new, more positive ways than the preceding Bush Administration. As part of the ASIL Conference last week, the Task Force released a...
