International Human Rights Law

  What will daily life in Jerusalem be like a century from now? This is the theme of the Jerusalem 2111 International Animation Competition, organized by the Association of Planning and Conservation- Jerusalem (Beit Hamodel).  The blog io9 has a post with links to some of the submissions, which include visions of a depopulated Jerusalem under UN control, what looks like a...

The Guardian published an editorial by a Republican political operative today blaming WikiLeaks for releasing a State Department cable concerning a meeting between Tsvangirai and Susan Rice in which Tsvangirai discussed the possibility of peacefully removing Mugabe from power: Now, in the wake of the WikiLeaks' release, one of the men targeted by US and EU travel and asset freezes, Mugabe's...

True to James Gathii's comment to my last post, the Prime Minister of Kenya, Raila Odinga, has made it clear that Kenya won't be withdrawing from the ICC anytime soon: Kenya's prime minister on Thursday dismissed as futile a motion by lawmakers to withdraw from the statute establishing the International Criminal Court (ICC) - a move intended to head...

This according to the BBC: Kenyan MPs have voted overwhelmingly for the country to pull out of the treaty which created the International Criminal Court in The Hague. The move comes a week after the ICC prosecutor named six Kenyans he accuses of being behind post-election violence. The prosecutor's list included senior politicians and civil servants. The MPs do not have the...

A stark reminder that freedom of expression is indeed a precious thing: Jafar Panahi is one of the most acclaimed film directors in the world. Admirers like myself were horrified and astonished at the news, announced yesterday, that Jafar Panahi had been sentenced not only to six years in prison, but to an unimaginable twenty-year total ban on...

Today at Lawfare: If DOJ tries to prosecute Assange, we will see more and more scrutiny of double standards in the treatment of traditional media leak solicitors (NYT etc.) v. Assange, and of double standards in the treatment of high-level U.S. government leakers v. Assange.  Scrutiny of the first double standard will weaken press freedoms as the...

Samuel Witten is counsel at the law firm Arnold & Porter LLP. He worked at the State Department for 22 years, including six years as Deputy Legal Adviser (2001-2007) and three years as Principal Deputy Assistant Secretary of State for Population, Refugees and Migration (2007-2010). The world’s attention has been riveted on the potential foreign policy implications of the recent...

Ben describes as "puzzling" my claim that his recent post on WikiLeaks reflects American exceptionalism.  I find his puzzlement equally puzzling.  Recall the quote on which I focused: This, in turn, leads ineluctibly to Tom’s reciprocity point: If Congress can make such a demand on Assange, the U.S. would be in a bad position to object if the Congress of People’s Deputies...

Steve testified yesterday about WikiLeaks in front of the House Judiciary Committee.  Here is a snippet of his testimony, which discussed five major flaws in the Espionage Act: Second, the Espionage Act does not focus solely on the initial party who wrongfully discloses national defense information, but applies, in its terms, to anyone who knowingly disseminates, distributes, or even retains national...

The Ninth Circuit this week ruled that there was no federal policy with respect to the Armenian Genocide, thereby allowing insurance claims brought by Armenian nationals under a California statute to go forward. In Movsesian v. Victoria Versicherung AG, the Ninth Circuit distinguished Garamendi, concluding that there was no federal policy against recognizing the Armenian Genocide. Indeed, "[c]onsidering...

Courtesy of Ben Wittes at Lawfare, responding to a question about whether he believes that, if America should be permitted to prosecute a non-American like Assange for disclosing American secrets, countries like France, China, or Iran should be able to prosecute Americans for disclosing their secrets (my emphasis): This, in turn, leads ineluctibly to Tom’s reciprocity point: If Congress can make...