Of the 1500+ posts I've written for Opinio Juris over the past seven years, none angered my fellow progressives more than the post in which I claimed that the killing of Usama bin Laden was perfectly legal under international law. Here is what I wrote: To begin with, I think the applicable legal regime is international humanitarian law (IHL), not international...
Mark Klamberg, who is a lecturer in public international law at the University of Stockholm, has a detailed post on his personal blog about the likelihood -- or unlikelihood, to be more precise -- that Sweden would extradite Julian Assange to the United States. He has kindly given me permission to reprint a significant portion of it (I've made minor...
I have just uploaded a new essay to SSRN, entitled "The International Commission of Inquiry on Libya: A Critical Analysis." The essay is a chapter of a book on international commissions of inquiry that is being edited by the LSE's Jens Meierhenrich. Here is the introduction: This chapter provides a critical assessment of the International Commission of Inquiry on Libya, established...
Not likely it seems. The tragic shootings in Aurora, Colorado may be responsible for moving President Obama to talk about gun control as he did yesterday in New Orleans, despite a noticeable earlier reticence to engage that topic. But that speech was clearly aimed at a domestic audience, emphasizing a need for improved domestic regulations and responses to gun violence....
Although clearly a step up from its genocidal predecessor, Kagame's government in Rwanda is anything but progressive. According to the State Department, the government is responsible for -- inter alia -- illegal detention, torture, enforced disappearance, attempted assassinations of political opponents, restrictions on the freedom of speech and press, violence toward journalists and human rights advocates, discrimination against women/children/gays and...
I want to call readers' attention to David Frakt's excellent essay on direct participation in hostilities as a war crime. Here is the abstract: This article addresses, in part, the question of what to do with civilian direct participants in hostilities who are not killed by opposing armed forces, but are captured. Specifically, the article address the potential criminal prosecution of...
Two quick research-related items. First, I'm pleased to report that the 2011 Digest of United States Practice is now available on the State Department website. Here's the description from today's press release: The digest provides the public with a record of the views and practice of the Government of the United States in public and private international law. The official edition...
A recurring criticism of the ICC is that it has little to show for its first 10 years -- just one conviction -- and has cost an inordinate amount of money. Here, for example, are the opening paragraphs of Eric Posner's recent attack on the Court in the Wall Street Journal, entitled "The Absurd International Criminal Court": Ten years ago, on...
At one time in the mid-1990s, it seemed like a week couldn't go by without some large gathering of States seeking to hammer out the terms of a new multilateral treaty with aspirations for universal membership. Such treaty negotiations have become a rarer phenomenon today with most meetings now emphasizing implementation of, and compliance with, existing treaties. And where new...
In case you missed it, I want to call your attention to an excellent editorial on the ICC written by friend-of-OJ John Bellinger III. Although John does not support US ratification of the Rome Statute, he argues that the ten-year history of the Court has done much to allay US concerns about it -- and that US opposition to the...
[Editors Note: We inadvertently posted the incomplete version of this post by Jeremy Rabkin this morning. This post has his response to Prof. Noyes earlier post today. Sorry for the confusion.] [Jeremy Rabkin is Professor of Law at George Mason University School of Law.] Craig Allen has performed a valuable service by reporting the range of sea-related treaties where we have already committed to...
[Craig H. Allen is the Judson Falknor Professor of Law at the University of Washington School of Law in Seattle.] Let me again thank Opinio Juris for hosting this exchange of views on the Law of the Sea Convention and Julian for his timely efforts in facilitating the exchange. The other four contributors each raise important considerations that warrant serious attention and...
