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...
Disclosure: I am one of Dr. Karadzic's legal associates. This post is offered with his consent. The defense team has just filed its definitive motion arguing that the Karadzic-Holbrooke cooperation agreement -- in which Holbrooke promised Dr. Karadzic that he would not be prosecuted at the ICTY if he cooperated with the international community's efforts to bring peace to the Balkans...
A while back, a commentator (aptly named Irritated) complained about my use of acronyms in a post on treaty priorities of the Obama Administration. I understand the frustration of the uninitiated. That said, the reality is a facility with acronyms appears to have become part of the job description for international lawyers. I have no idea when or how this phenomenon...
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...
The "beautiful game" is what Pele calls soccer (yes, I know, "football" to the rest of the world besides the US). On April 25th, diplomats from the UN, including the Secretary-General, set aside the great game of diplomacy to play a game of soccer at New York's Chelsea Piers to support the non-governmental organization Play31. Play31's website explains that: Play31 was...
Despite his checkered past, I'm beginning to like Jacob Zuma, who is set to become the next President of South Africa, more and more: The Sudanese president Omer Hassan Al-Bashir will not be invited to the inauguration ceremony of the South African president-elect Jacob Zuma, according to news reports. The ruling African National Congress (ANC) headed by Zuma has an absolute majority...
TNR discusses here the circumstances of last Friday's intervention by Palestinian doctor Ashraf El Hagog as a representative of UN Watch. The Chair of the then-Prep Com, who has since been elected chair of the Durban II conference, is Najjat al-Hajjaji, representing the government of Libya. Readers might recall that Hagog, along with a group of Bulgarian nurses was...
More evidence that the CIA interrogators did not rely in good faith on the OLC memos: Bradbury's 30 May 2005 memo acknowledges (p. 37) that the CIA Inspector General's report found that the CIA waterboarded Khalid Sheikh Mohammed 183 times in March 2003 and Abu Zubaydah 83 times in August 2002. That regime far surpasses the CIA's own internal guidelines...
I'm not particularly surprised, but I'm still disappointed. Israel's ostensible justification is that the UNHRC resolution that created the fact-finding mission is biased, because it only asked Goldstone to investigate Israeli war crimes. That was a ridiculous move on the UNHRC's part, to be sure -- but one of the very first things Goldstone did was to make...
(Update: At the end of this post, I put a note from Eugene Kontorovich on his new paper on piracy, apparently still a discussion draft and not yet on SSRN, but apparently available from him if you contact him at Northwestern.) In the midst of so much newspaper op-ed, blogosphere commentary on the piracy issue, Ruth Wedgwood - who has been...
In his new book Saviors and Survivors: Darfur, Politics, and the War on Terror, Mahmood Mamdani claims that, "in its present form, the call for justice is really a slogan that masks a big power agenda to recolonize Africa." There is more than a grain of truth to that; I think my friend Tony Anghie's seminal work Imperialism, Sovereignty, and...
Many thanks to Derek Jinks for his kind words on the article and deeply incisive comments. I will do my best to reply sequentially to the provocative issues he’s raised. 1. I agree that conceptual overlap of ad bellum and in bello does not necessarily pose a problem for IHL. Indeed, as Jinks says, some discrepancy based on the nature of the...
