In association with the International Commission of Jurists

Topics

17 Nov

The apparently insatiable Japanese appetite for whale meat is driving yet another Japanese whaling expedition to the South Pacific. This time, Japan is planning to hunt the much more endangered humpback whales. Japan is apparently hunting these whales under Article VIII of the Protocol to the International Whaling Convention: Notwithstanding anything contained in this Convention any Contracting Government may grant...

|
16 Nov

Three recent examples: ° A Seattle girl allegedly knocks off her roommate in Perugia (lurid sex involved). ° A school shooter in Finland got some pointers from someone similarly inclined in Pennsylvania (you're only a chat room away). ° A glamourous British couple's daughter goes missing in Portugal (foul play suspected). Not sure what to make of this, other than as another incident of...

|
16 Nov

By a 99-52 vote, with 33 abstentions, the United Nations' Third Committee has endorsed a worldwide moratorium on the use of the death penalty:It isn't the first time that a majority of the Human Rights Committee of the United Nations has voted against capital punishment, but each time brings renewed promise to opponents of the practice. On Thursday, after two...

|
15 Nov

Readers interested in the Second Circuit's Khulumani decision -- whose analysis of aiding-and-abetting under customary international law I recently criticized -- should check out Anthony Sebok's new FindLaw column here. It provides an excellent overview and analysis of the decision. ...

|
15 Nov

The Iraqi government has released a draft of legislation that would revoke the immunity of private-security companies operating in Iraq. Here is the operative language:Article 1: Non-Iraqi security companies and its non-Iraqi employees and contractors shall be subject to the Iraqi legislations and the jurisdiction of the Iraqi judiciary in all civil and criminal cases. All immunities granted to...

|
15 Nov

Great story about the King of Spain Juan Carlos telling Hugo Chavez, "Why don't you shut up?" I wouldn't normally sympathize with such diplomatic indiscretions, but given Chavez's history and personality I'll make an exception. Details about the story are here and a good description of the context of the exchange is available here. Variations are now circulating throughout...

|
15 Nov

Does anyone see any specific major changes in U.S. ratification of outstanding treaties, or participation in international organizations, under the next president, whoever she or he may be? I haven’t seen too many positions by candidates on specific treaties, but I may well have missed them, since I do my best to avoid presidential debates! I did come...

|
15 Nov

Beginning today the Federalist Society is holding its 25th annual meeting. Details about the program are available here. The theme this year is American Exceptionalism. Almost 40 percent of the panels highlight some aspect of international relations, and there appears to be some ideological balance on each panel. If any of our readers happen to be...

|
15 Nov

The Ninth Circuit last month rendered a controversial decision interpreting the Convention Against Torture. In Ahmed v. Keisler, the court ruled on whether Ahmed should be deported to Bangladesh based on whether it was more likely than not that he would be tortured if removed to Bangladesh. (The panel consisted of Judge Pregerson, a Carter appointee, Judge Rawlinson,...

|
15 Nov

Lawprof and LA Times columnist Rosa Brooks had a strange but interesting column last week on how torture has become the new "abortion" in U.S. presidential politics. She accuses GOP activists of making the approval of coercive interrogation techniques a litmus test akin to being against abortion. I haven't seen much evidence of this -- McCain is...

|
14 Nov

My former State Department colleagues, David Bowker of WilmerHale, and David Kaye who just recently moved to UCLA, published an Op-Ed in the NY Times this past weekend. For those of you (like me) who missed it initially, check out this sampling of their Harper's Index-like spin on GTMO Facts in advance of the Court's consideration of Boumediene v....

|
14 Nov

Details here — this on the claims filed by the families of Chinese dissidents jailed on evidence coughed up by Yahoo to Chinese authorities. The settlement terms weren't disclosed, but Yahoo CEO Jerry Yang issued an apology to the families and money is changing hands. The issues posed here aren't going to go away (and Yahoo isn't the...

|