Ever since President Obama’s speech last week setting forth the general outlines by which he’ll resolve the mess at Guantanamo Bay, I’ve been trying to get my head around what the Administration will put into the legislation the President has suggested he’s going to work with Congress to get. Parts of that bill are maybe easier to see. For...
Former State Department Legal Advisor John Bellinger, who is now at Arnold & Porter and also an Adjunct Senior Fellow at the Council on Foreign Relations, has an interesting op-ed in yesterday’s Wall Street Journal. The U.S. government can and should be a strong voice for redress of human-rights abuses around the world. But these lawsuits, which are being brought under...
Professor Thomas M. Franck of NYU passed away on Wednesday afternoon. (NYU has a page in memoriam, here.) I assume his name is well-known to most, if not all, of the regular readers of Opinio Juris. Suffice it to say that his contributions to the field of international law are staggering, as can be glimpsed from his bio on his faculty page. But a faculty...
Following on my previous post, this is a much longer and more complete clip of the waterboarding of talk-radio host Mancow Muller. (Thanks to Roger, who found it on YouTube.) This clip includes an explanation of how waterboarding is done and includes Muller's reactions. I thought the way he explained that it was much worse than he ever would have...
Because I so rarely get to blog about uplifting things, I wanted to pass along the following story, concerning a group of aboriginals who, in 1938 -- when so much of the world was silent -- protested the Nazis' treatment of the Jews during Kristallnacht: William Cooper’s name does not appear on Yad Vashem’s list of the Righteous Among the Nations,...
The Wall Street Journal had a news story yesterday, "Spain is Moving to Rein in Crusading Judges" (May 20, 2009), reporting on moves in the Spanish parliament to place stricter limits on the ability of investigating magistrates - most famously, Baltasar Garzon - to undertake sweeping investigations and indictments worldwide on the basis of universal jurisdiction: Under pressure from irate foreign...
Pre-Trial Chamber I of the ICC has summoned Bahar Idriss Abu Garda, a Darfuri rebel leader, to appear before the court to face war crimes charges: Abu Garda, member of the Zaghawa tribe of Sudan, is charged with three war crimes allegedly committed during an attack carried out on 29 September 2007 against the African Union Mission in Sudan (“AMIS”), a...
I realize that it's foolish to expect accuracy from the Wall Street Journal's editorial page, but it has outdone itself with the following statement, part of an editorial lavishing praise on Obama for resurrecting the military commissions: Another red herring is supposedly tightening the admissibility of hearsay evidence. Tribunal judges already have discretion to limit such evidence, and the current rules...
With a few obvious exceptions, I try to avoid directly criticizing scholars with whom I disagree. But I feel compelled to say a few words about a recent Jurist editorial in which a professor, a former Army JAG (a group for whom I have the utmost respect), argues that waterboarding is not torture. (It also argues that a CIA interrogator...
You have got to be kidding: John Yoo has written freelance commentaries for The Inquirer since 2005, however he entered into a contract to write a monthly column in late 2008. I won’t discuss the compensation of anyone who writes for us. Of course, we know more about Mr. Yoo’s actions in the Justice Department now than we did at the...
I am obviously on record as supporting the criminal prosecution of the individuals involved in the CIA's torture regime -- the interrogators who inflicted it, the military and government officials who ordered it, the OLC lawyers who rationalized it. Such prosecutions are, unfortunately, extremely unlikely -- at least in the United States. Moreover, there does not seem to be any...
I rarely have reason to criticize the ACLU, so I feel obligated to respond to Anthony Romero's statement concerning the possibility that Obama's revamped military commissions would continue to admit hearsay under certain circumstances: Romero said allowing hearsay in any U.S. courtroom [would be] a "greater travesty than Bush administration justice." I doubt that any amount of revamping would fix the basic...
