Eric Posner, over at VC, remarks on the continuing attention to Carl Schmitt, and indeed the increasing attention to him within the American jurisprudential community: Why do people like me and Sandy Levinson keep talking about the Nazi philosopher Carl Schmitt? Schmitt was skeptical that a parliamentary democracy can handle crises: it can only role over and let the executive act....
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...
Two months ago, I predicted that the Security Council would not have the votes necessary to defer the ICC's prosecution of Bashir. Nostradamus I'm not: In a last-ditch attempt to prevent ICC judges from issuing an arrest warrant for Bashir in the next few weeks, Bashir's supporters - the Arab League, the African Union, China and Russia - will use the...
Spiegel Online has posted a fascinating interview with Rafi Eitan, a former Mossad agent who is now a minister in the Israeli cabinet. According to Eitan, Mengele was also in Buenos Aires when Eichmann was captured -- and would have shared Eichmann's fate but for the Mossad's lack of boots on the ground: SPIEGEL: Josef Mengele fled Germany for South America...
I don't watch television, so I wouldn't actually know, but I take it there was some sort of dustup in a Sarah Palin ABC interview in which Governor Palin was asked about the so-called Bush Doctrine. I don't know exactly what the discussion was about, but I did get an email from a friend a little while ago that said,...
More than two years after his acquittal was confirmed by the ICTR Appeals Chamber, Rwanda's former Minister of Education, Andre Rwamakuba, is no longer a virtual prisoner in a UN safehouse in Arusha: Former Rwandan Education Minister Andre Rwamakuba ( 58) has joined his family at Vaud, Switzerland after spending two years in Arusha, seat of the International Criminal Tribunal for...
Opinio Juris is pleased to welcome Daniel Seidemann as a guest blogger this week to address the Israeli-Palestinian conflict and the future of Jerusalem. Daniel is the founder and legal advisor for Ir Amim, a non-profit, non-partisan association dedicated to an equitable, stable and sustainable Jerusalem. Ir Amim (“City of Nations” or “City of Peoples”) was founded in...
In this final substantive post of my Warholian week as guest blogger I offer a necessarily telegraphic summary of my long chapter on the conflict. Being telegraphic it will not even have the virtue of the chapter, i.e. even if it is clearly wrong, it won’t be wrong clearly. For two reasons I devoted an entire chapter to a single neuralgic...
It's a tiny bit off topic, but it's worth noting that after much bluster about how the ICC was destroying the "peace process" in the Sudan by indicting Bashir, none of the Security Council members put deferring the prosecution under Article 16 of the Rome Statute on the Council's agenda for September. Over at UN Dispatch, our colleague John Boonstra...
This, according to an article in the Guardian, September 3, 2008, from a correspondent in Washington. According to the story: "If there has been a basis upon which you can pursue someone for a criminal violation, they will be pursued," Biden said during a campaign event in Deerfield Beach, Florida, according to ABC. "[N]ot out of vengeance, not out of retribution," he...
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...
Let me begin the discussion by addressing one of the most important issues addressed in Farer's book: combating terrorism consistent with the Charter. Farer presents the issue of the permissible options for the United States if it discovers that terrorist organizations or individuals are active in country X and planning an attack on American targets. If the...
