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...
Michael Innes, over at ComplexTerrainLab (where I have been participating in a very interesting discussion with a bunch of historians and political scientists on PW Singer's Wired for War), posts up a comment on a new journal, Critical Studies on Terrorism, and a review of it in another journal, Studies in Conflict and Terrorism. (My own favorite journal on terrorism,...
I know I shouldn't let mainstream American conservatives' ignorance of international law bother me, but it does. Today's example: The United States is not a signatory to the International Criminal Court, and Spanish judge and prosecutor Baltasar Garzon is a good reason why. He is considering a lawsuit by lawyers for human rights groups seeking the arrest and extradition of six former...
Transnational network theory is a very hot topic these days. Part of it is the crossover effect of a new organizing tool from another discipline - we law professors are great hunter-gatherers across many fields - and part of it is a drive to account for new and rising forms of transnational organization and coordination. I have been working fitfully...
I have been reading Roger's fascinating missives from Rwanda with great interest and agree with much of what he has to say. But I have to demur from the claim that "Kagame is personally invested in making Rwanda a country that is committed to reconciliation, human rights and self-sufficiency." Self-sufficiency, perhaps -- there is no question that Rwanda has experienced...
That is the conclusion of the most comprehensive study of the issue to date, "Confronting the Yugoslav Controversies: A Scholars' Initiative," conducted by Purdue University. From the New York Times, which held follow-up interviews with some of the sources cited in the study: Charles W. Ingrao, the study’s co-editor, said that three senior State Department officials, one of them retired, and...
Pardon the title of this post being a somewhat-obscure allusion to the standard trope of movie-trailer voice-overs, but over at Danger Room, they are well under way in their Iron Eagles search: their "celebration of the most awesomely-bad videos of the military industrial complex." Videos that often mix bad animation, worse narration, explosions, and weaponry statistics. But, for my money, they have...
The following is a guest post written by Kate Cronin-Furman and Amanda Taub, the brains behind the must-read blog wronging rights. My thanks to them for contributing it. Two weeks ago, Pre-Trial Chamber I of the International Criminal Court issued a warrant for the arrest of Sudanese President Omar Hassan al-Bashir. (We’re sure you all remember; it was kind of a...
In public, Sudanese government officials have uniformly defended Bashir against the supposed depredations of the ICC. According to the Institute for War & Peace Reporting, however, they tell a different story in private: A minister with the president’s National Congress Party, NCP, said that members were left reeling by the announcement of an arrest warrant issued against Bashir by ICC judges...
I want to follow up briefly on Kevin's post earlier re Darfur and responsibility to protect. Being located in Washington and having a think tank connection - Hoover - as well as a law professor job, I serve on various task forces on international law and foreign policy issues. I was one of the experts on the Gingrich-Mitchell task force...
Two genocide bloggers at Change.org, Michelle F. and Michael Bear Kleinman, have been engaged for the past couple of weeks in an impassioned debate over the ICC's arrest warrant for Bashir. (See here and here, for the most recent installments.) Michelle, though certainly not unaware of its dangers, supports the warrant. Kleinman opposes it, blaming the ICC -- like many...
One of the most important issues in international criminal law is whether a genocidal policy or plan is an element of the crime of genocide. The ICTY Appeals Chamber held in Jelisic that it is not -- and that, as a result, genocide can be committed by a lone genocidaire. Some scholars disagree, most notably Bill Schabas, who pointed out...
