As part of its ongoing efforts to educate Americans about the national shame that is Guantanamo Bay, Amnesty International is touring the country with a replica of David Hicks' cell: AIUSA’s prison cell replica includes a steel toilet, florescent lights and a sliding metal door. In addition, visitors may record a 30-second reaction video that will be posted on youtube.com and...
As I predicted a few weeks ago, Judge Allred has refused to reconsider Hamdan's sentence in light of the Bush administration's argument that he was not entitled to credit for the time he served as an enemy combatant: A military judge has refused to reconsider the sentence of Osama bin Laden's former driver, forcing the Bush administration to either release a...
The last few weeks have seen a flurry of news stories on Iraqi political resistance to the "final" text of a U.S.-Iraqi status of forces agreement ("SOFA"). Last week, the main storyline was that the Iraqi Parliament had better accept the agreed text or else, while the Iraqi Parliament gave every indication they would delay any decision till after U.S. and Iraqi elections. This week the new...
It's a little late in the Bush administration to be creating new foreign policy doctrines, but the NYT suggests that U.S. Defense Secretary Robert Gates did just that in his speech yesterday at the Carnegie Endowment. According to the NYT, this is the key sentence is the most expansive articulation yet of the nuclear deterrence policy: Today we also make clear...
While the Bush Administration may have reconciled itself to leaving office with the detention center at Guantanamo Bay still up and running, the U.S. federal courts continue pushing the detainees’ cases ahead toward resolution. After briefing by the parties on their competing definitions of “enemy combatant,” U.S. District Judge Richard J. Leon yesterday announced a ruling: Enemy combatant’ shall mean an...
So asks Robert Dreyfuss of The Nation, in his interesting piece about the recent U.S. cross-border raids into Pakistan and Syria, with Iran looming (see this NYT article for background). Dreyfuss is very worried about this doctrine, and suggests that its acceptance could result in the "end of international law." I wouldn't go that far, but it is definitely a challenge to traditional norms...
In honor of Ken, I wanted to post a quick heads-up to this post by Tom James at Futurismic, which has the excellent title "I, For One, Welcome Our New Robodog Overlords." Money quote: According to Prof Steve Wright of Leeds Metropolitan University: “What we have here are the beginnings of something designed to enable robots to hunt down humans like a pack...
Career diplomat Nicholas Burns has an essay in Newsweek on the whole "negotiate with adversaries" kerfuffle. (Yeah, I said "kerfuffle" because that's about all it deserves.) He begins: One of the sharpest and most telling differences on foreign policy between Barack Obama and John McCain is whether the United States should talk to difficult and disreputable leaders like Iran's Mahmoud Ahmadinejad...
John Bellinger has been legal adviser to the State Department for the past four years. In this speech to the International Law Weekend (October 17, 2008), he offers some reflections on his experience. (We here at OJ were privileged to have John guest blog here in a unique and highly successful experiment in 'blogging with the Legal Adviser'.) I excerpt...
Ladies and gentlemen, your peacemaker: Al-Bashir who rarely gives interviews told the British Channel 4 News from Khartoum that rape claims are made up by Darfuri women. “The women inside the camps are under the influence of the rebels and some are even relatives of the rebels. That’s why they make these claims” Al-Bashir said. “We are fully convinced that no rape took...
Following up on Peter’s earlier post on the foreign policy views of Sarah Palin, I note this letter that she wrote in September 2007 to Senators Stevens and Murkowski expressing her “strong support” for the ratification of the UN Convention on the Law of the Sea (UNCLOS). She also seems to advocate the use of the International Tribunal for the...
I have spent a fair bit of time the past couple days reviewing the Supreme Court's docket for the upcoming term with an eye for any cases that might be of particular interest to our readers. Here is my list of the most important cases that are germane to our discipline. The big issues are (1) senior government...
