[Ryan Goodman is the Anne and Joel Ehrenkranz Professor of Law at New York University School of Law. You can also find him on Twitter: @rgoodlaw] In a forthcoming article in the EJIL (“The Power to Kill or Capture Enemy Combatants”), I argue that the law of armed conflict prohibits the use of lethal force, in some situations, when it is...
Kenya's Supreme Court has upheld Uhuru Kenyatta's election as president. Although there were some riots over the weekend and five were killed, the situation in Kenya is described as calm but tense. North Korea has described its nuclear weapons program as the nation's life, and has vowed to continue it despite the international sanctions. South Korea, meanwhile, has vowed a swift response to any...
This week on Opinio Juris, Peter wrote about the unlikely advocates of international law in amicus briefs submitted in the gay marriage cases before the Supreme Court this week. Julian was disappointed that despite all the reporting on the Amanda Knox retrial, nobody in the media had bothered to read the US-Italy extradition treaty. Kevin also took aim at the media's lack of...
North Korea has put its rocket units on standby aimed at the US air force bases in South Korea and the Pacific after the US flew two nuclear stealth bombers over the Korean Peninsula yesterday. Iran, North Korea and Syria have blocked the adoption of the UN Arms Trade Treaty, though the expectation is that with the text of the treaty...
A depressingly large number of U.S. media outlets are covering the Italian Supreme Court's decision to order a new trial in the case against Amanda Knox, the American exchange student charged with murdering her British roommate in Italy. Knox was convicted in trial court, but that conviction was overturned on appeal. I say depressing because this is hardly the most significant...
Thailand has started peace negotiations with the Muslim separatists in its southern provinces. UN Secretary-General, Ban Ki-moon has argued that Mali needs an 11,000-strong peacekeeping force and a parallel force for combat and counter-terrorism operations. Bush v. Gore in Africa? Kenya's Supreme Court has started hearing evidence to resolve the disputed presidential elections earlier this month. Theresa May, the UK's Home Secretary, has lost the appeal against a decision...
[James Hathaway is the James E. and Sarah A. Degan Professor of Law and the Director, Program in Refugee and Asylum Law at the University of Michigan Law School] Finally, a break-through on the conundrum of Refugee Convention supervision! The UN Refugee Convention has languished for more than 60 years without any formal mechanism to provide arms-length international oversight of treaty obligations. While state...
Stewart Baker over at Volokh has a couple of interesting posts here and here on the new cybersecurity legislation that bars federal government purchases of IT equipment “produced, manufactured or assembled” by entities “owned, directed, or subsidized by the People’s Republic of China” unless the head of the purchasing agency consults with the FBI and determines that the purchase is...
At the Arab League summit yesterday, a member of the opposition to Syria's President Bashar al-Assad took his vacant seat, a move that was met with applause from Arab heads of state. The BRICS have reached a deal approving a development bank that would rival Western-backed financial institutions. In his first appearance before the ICC yesterday, Congolese suspect Bosco Ntaganda has denied...
Just in case there was any doubt, the Philippines-China arbitration over the South China Sea will go forward. International Tribunal of the Law of the Sea President Shunji Yanai has appointed a second arbitrator. The [Philippines] Department of Foreign Affairs (DFA) confirmed on Monday that the Itlos president, Judge Shunji Yanai, appointed Polish Itlos Judge Stanislaw Pawlak to the panel last...
The 2011 ICRC Report, "International Law and the Challenge of Contemporary Armed Conflicts," raised many issues that get discussed weekly here at OJ. “Intercross,” the blog page of the International Committee of the Red Cross, has selected four of the leading issues from the report for discussion by experts. The four are: typologies of conflicts; IHL and terrorism; new technologies of...
Those interested in the intersection of technology with international law may wish to join a new group formed within the American Society of International Law (ASIL). Headed by Molly Land and Anupam Chander, the International Law and Technology Interest Group (ILTechIG) provides a forum for scholars and practitioners from a variety of international legal fields to exchange ideas about technology’s...
