Alan Dershowitz published an editorial yesterday in the Wall Street Journal that argues Israel's attacks on Hamas in Gaza are "perfectly proportionate." I have no desire to argue the substance of that point, in part because views on Israel and Palestine are largely impervious to facts or argument (on both sides), but largely because the concept of proportionality is so...
The Somali piracy problem is not really a military one. No one doubts that the world's modern navies can overwhelm any pirates they find. The problem is really administrative and legal. For instance, France's recent reported capture of more Somalia-based pirates is kind of cool, but what has really been accomplished. According to this report, France is planning to take...
I guess what surprises me is that the Vatican ever did have a rule of automatically adhering to international law. But as of yesterday, that rule, along with the rule automatically adopting Italian law as part of its internal legal order, is history. The Vatican has [] decided to scrutinise international treaties before deciding whether or not to adhere to...
The Jordanian Bar Association (JBA) is on a roll. In addition to participating in the seminar I discussed in my last post, the JBA has also asked the Jordanian government -- Jordan is one of three Arab states that have ratified the Rome Statute -- to formally request the ICC's Assembly of States Parties (ASP) remove Moreno-Ocampo from office because...
I know, fisking pro-Bashir propaganda is kind of a pointless task, but the article made me mad with its shameless inaccuracy. It's unfortunate that so many Arab readers -- the original article was published in the Al Rai Jordanian Daily -- are exposed to this kind of garbage concerning the ICC and Darfur. Without further ado, the fisking...
The blogosphere is all atwitter with news that the CIA has been using Viagra to bribe Afghan chieftains into revealing information about the Taliban. I was going to point out that, however successful the erections-for-info exchange might be, it is worth wondering to what extent the practice facilitates rape, marital and otherwise. But it appears Cara at Feministe has beaten...
Medecins Sans Frontieres has published their list and report of the top-ten humanitarian disasters of 2008. Africa suffers its disproportionate share: Massive forced civilian displacements, violence, and unmet medical needs in the Democratic Republic of Congo, Somalia, Iraq, Sudan, and Pakistan, along with neglected medical emergencies in Myanmar and Zimbabwe, are some of the worst humanitarian and medical emergencies in the world,...
Scott Horton has a typically excellent post today at Harpers.org discussing the perversity of right-wing commentators who defend the use of torture. But I was troubled by the following comment about the ICC, which he offers in agreement with an old editorial by David Rivkin and Lee Casey: Rivkin’s history is much like that of Reynolds and Goldberg. Back when the...
A lawyer and human-rights activist with whom I spent some time while I was in Sarajevo, Adnan Kadribasic, has given me permission to turn his comment to my Karadzic post into a post of its own. I think it's remarkable, and I want everyone to see it. Here it is, edited only for typos: Dear Kevin, I support all of your...
The BBC is reporting that President-elect Obama has pledged to close Guantanamo within the next two years. The report is based on this Time Magazine article declaring him (big surprise!) their "Person of the Year." I am not 100% sure Obama has really made this pledge, but it certainly can be read that way. In response to the question as...
The Ninth Circuit yesterday rendered its long-awaited decision in Sarei v. Rio Tinto. The case was argued before the Ninth Circuit en banc in October 2007, with the fourteen month deliberations suggesting that the court struggled mightily with its decision. The decision was fractured, but the essential holding by six of the eleven judges was that exhaustion of...
This past Friday I was privileged to host an intimate colloquium at Pepperdine’s Malibu Beach House that brought together a wonderful mix of torts scholars, international law scholars, and practitioners to address the nexus between torts and the Alien Tort Statute. It was an eclectic group, including renown torts experts such as Third Restatement Reporter Michael Green, Anthony Sebok,...
