I met Mike Lewis during my first year of law teaching at Cornell Law School. Mike was scheduled to give a lecture at the law school about torture and I was invited to give a commentary on his presentation. Mike had pre-circulated the paper that the presentation was based on. I disagreed with his thesis and pressed him sharply on...
As regular readers know, Mike and I often sparred on the virtual pages of Opinio Juris. By and large, we did so civilly. But on occasion -- such as when we were debating whether the Bush admininstration's "enhanced interrogation" regime qualified as torture -- things became heated. I made him mad. He made me mad. I doubt either of us...
We are very sorry to mark the passing of Professor Michael W. Lewis of Ohio Northern University. Mike spoke and wrote with rare authority as someone who was not only a leading international law and national security scholar who engaged in broader public discourse (see his many debates, presentations, and interviews), but also as a former Naval aviator and TOPGUN graduate,...
Your weekly selection of international law and international relations headlines from around the world: Africa South Africa's main opposition on Sunday called for a full investigation into the government's failure to arrest Sudanese president Omar al-Bashir, who is due to face charges of genocide at the International Criminal Court. Somali armed group al-Shabab has claimed responsibility for an attack on a military compound...
I wanted to follow up on my previous post about the inter-branch dispute in the South African government over executing an international arrest warrant against President al-Bashir of Sudan. A South African court issued an order preventing al-Bashir from leaving South Africa, but notwithstanding this decision, the South Africa government appears to have let him escape anyway. It appears to be...
Your weekly selection of international law and international relations headlines from around the world: Africa President Omar al-Bashir of Sudan has returned to his country, defying a South African judge's effort to prevent his departure on the basis of an International Criminal Court (ICC) order for his arrest. Jens has a post outlining the events here and a sampling of reactions from social media...
I'm not one to get hysterical over ICC news, but this recent development today strikes me as deeply problematic, and perhaps a tipping point. But perhaps not the tipping point that the ICC detractors have in mind. Sudanese President al-Bashir was attending a conference in South Africa this weekend with other heads of state and officials from several African nations. The...
On Friday, the DC Circuit vacated al-Bahlul's military commission conviction for conspiracy. There has been, and will be, much coverage of this decision, especially since the decision is a great candidate for a successful Supreme Court cert petition. Assuming that the federal government wants to appeal, which I can't imagine it would not, the case would allow the Supreme Court to return...
Eyewitness.org has released a new app that creates a secure “digital locker” for those who seek to record digital evidence of atrocity crimes for eventual use in by courts. The app has been produced by the International Bar Association and the legal services division of Lexis Nexis. Information is available here. The app was developed after controversies regarding the...
In March 2012 An Hertogen and Jessica Dorsey joined Opinio Juris as our first two Assistant Editors. Over the years, both have contributed immensely to Opinio Juris. Today, we bid An farewell as she enters a new phase in her career. You may be most familiar with An’s work writing our Weekly Round-Ups and well as the Events and Announcements posts....
A fascinating ruling from the U.S. Supreme Court this morning in Zivotofsky v. Kerry, the case presenting the question whether Congress can mandate that U.S. citizens born (to American parents) in Jerusalem may have Israel listed on their passports as their place of birth. Since 1948, every U.S. president has carefully avoided opining in any context on the status of...
Long-awaited decision here finding the President to have exclusive recognition power, trumping Congress' attempt to require birthplace of US citizens born in Jerusalem to be recorded as "Israel" on US passports issued to them. 1. Phew. Who knows what the response would have been in the Middle East if the Court had come out the other way. Maybe nothing, but it's...
