Foreign Relations Law

The referral is part of a larger set of sanctions against Libya.  From the UN News Centre: The Security Council today voted unanimously to impose sanctions against the Libyan authorities, slapping the country with an arms embargo and freezing the assets of its leaders, while referring the ongoing violent repression of civilian demonstrators to the International Criminal Court (ICC). In its Resolution...

David Bernstein and NGO Monitor have worked themselves into a lather about Human Rights Watch's decision to appoint Shawan Jabarin, the head of Al-Haq, a leading Palestinian human-rights group, to its Mideast Advisory Board.  In support of their ire, they cite decisions of the Israeli Supreme Court that have concluded that Jabarin is also an official in the Popular Front...

I'm off to Tokyo for a week, but before I go, wanted to flag a really interesting looking upcoming conference at Fordham Law School.  It's entitled, Cyber Attacks: International Cybersecurity in the 21st Century and will take place next Friday, February 25, 2011.  The program is free, subject to registration (see here).  The line-up looks great too:  9:00am–9:30am Registration 09:30am–10:00am Welcome 10:00am–11:45am Cyber Attacks and the Law of Armed Conflict Moderator: Prof....

Even when Moreno-Ocampo wins, he loses.  Pre-Trial Chamber II recently rejected a request by Mohammed Hussein Ali, one of the six Kenyans for whom the OTP has sought summonses, to submit "observations" on the investigation  That was an easy call; nothing in the Rome Statute permits a suspect to participate in the investigative process so early.  The Pre-Trial Chamber nevertheless...

Pennumbra, the on-line companion to the University of Pennsylvania Law Review, is hosting the debate.  John's opening statement and my reply -- which is something of a misnomer, because the reply doesn't directly address John's arguments -- are currently available.  Both focus on Judge Bates' opinion dismissing the ACLU/CCR lawsuit; I argue that, contrary to the Judge's claim, his opinion...

It's been a while since I checked in on the WikiLeaks kerfuffle, so now that the HILJ symposium is over -- and I thought it was great -- I wanted to flag this recent article in the Wall Street Journal, which reports that the government has found no evidence that WikiLeaks or Julian Assange solicited or conspired with Bradley Manning...

I realize that Fox has long since given up any pretense of engaging in journalism, but I'm still shocked that it continues to let someone who is so clearly mentally disturbed poison political discourse (and put lives in danger) in the U.S.  Here's his latest gem: BECK: I believe that I can make a case in the end that there are...

As Bobby Chesney noted at Lawfare a few days ago, the Court of Military Commission Review (CMCR) has issued the following order in al-Bahlul: Upon consideration of the record of trial and pleadings of the parties and amicus curiae, the following issues are specified and oral argument is ordered: I. Assuming that Charges I, II, and III allege underlying ...

I've been updating my article advocating for an e-SOS (the first draft is available here).  When I originally wrote it, Stuxnet had been identified as one of the first forms of malware to target SCADA systems explicitly (a SCADA--or “supervisory control and data acquisition”--system is one specifically designed to operate and control infrastructure, such as electrical and nuclear power systems, telecommunications, and oil...

An important update from NBC News: U.S. military officials tell NBC News that investigators have been unable to make any direct connection between a jailed army private suspected with leaking secret documents and Julian Assange, founder of the whistleblowing website WikiLeaks. The officials say that while investigators have determined that Manning had allegedly unlawfully downloaded tens of thousands...