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21 Sep 2011, 8:43 pm by Kevin Jon Heller
by Kevin Jon Heller Following Talisman Energy, the Fourth Circuit has now held in Aziz v. [read post]
21 Sep 2011, 6:33 am by Kevin Jon Heller
by Kevin Jon Heller Fantastic news: New York – A federal appeals court vacated an order Monday by a New York judge that barred an $18 billion judgment in Ecuador against Chevron Inc. for contaminating the Amazon. [read post]
19 Sep 2011, 7:49 pm by Kevin Jon Heller
by Kevin Jon Heller Philip Alston has posted an important new essay on targeted killing on SSRN. [read post]
19 Sep 2011, 7:01 pm by Kevin Jon Heller
by Kevin Jon Heller I don’t know very much about the individual prosecutors, but the lineup doesn’t exactly strike me as indicative of an anti-African, neo-colonialist international organization: Ms Adesola Adeboyejo is to handle the Muthaura hearings for the Office of the Prosecutor. [read post]
16 Sep 2011, 11:42 pm by Kevin Jon Heller
by Kevin Jon Heller One of the most remarkable aspects of how conservative U.S. scholars approach international law is their absolute certainty that the American position on extraordinarily difficult issues is always correct. [read post]
15 Sep 2011, 8:20 am by Kevin Jon Heller
by Kevin Jon Heller Peter Margulies (Roger Williams) responded to my blogging about criminal membership and al-Bahlul at Lawfare. [read post]
14 Sep 2011, 7:56 pm by Robert Chesney
  Ironically, critics of the commissions, such as Kevin Jon Heller, also ignore those differences, limiting the utility of their critique. [read post]
13 Sep 2011, 7:03 pm by Benjamin Wittes
Over at Opinio Juris, Julian Ku and Kevin Jon Heller have good commentary on the U.N. [read post]
13 Sep 2011, 5:20 pm by Kevin Jon Heller
by Kevin Jon Heller Like Julian, I can’t find the text of a “report” per se, but I did find this on the Human Rights Council’s website: GENEVA (13 September 2011) – Commenting on the report of the Panel of Inquiry on the flotilla incident of 31 May (Palmer Report), released this month, a group of United Nations independent experts* criticized its conclusion that Israel’s naval blockade of the Gaza Strip is legal. [read post]
12 Sep 2011, 7:48 am by Kevin Jon Heller
by Kevin Jon Heller As I noted in my previous post, the CMCR’s opinion in al-Bahlul repeatedly cites the Nuremberg-era crime of criminal membership in defense of its belief that material support for terrorism and conspiracy qualify as war crimes. [read post]
10 Sep 2011, 5:22 pm by Kevin Jon Heller
by Kevin Jon Heller I’ve received a number of emails arguing that I do not take seriously enough the CMCR’s analogy between conspiracy and the crime of membership in a criminal organization. [read post]
10 Sep 2011, 5:26 am by Kevin Jon Heller
by Kevin Jon Heller Even I thought the Court of Military Commission Review couldn’t reach such an absurd conclusion. [read post]
7 Sep 2011, 7:55 pm by Kevin Jon Heller
by Kevin Jon Heller Where Gaddafi should be tried — if and when he is captured — has become quite the hot-button issue recently. [read post]
5 Sep 2011, 5:51 pm by Kevin Jon Heller
by Kevin Jon Heller Against my better judgment, I read the 11th Circuit’s opinion in Mamani v. [read post]
5 Sep 2011, 6:33 am by Kevin Jon Heller
by Kevin Jon Heller The Globe & Mail has a blockbuster report today concerning China’s willingness to supply weapons to Gaddafi’s regime during the rebellion: China offered huge stockpiles of weapons to Colonel Moammar Gadhafi during the final months of his regime, according to papers that describe secret talks about shipments via Algeria and South Africa. [read post]
4 Sep 2011, 3:57 pm by Kevin Jon Heller
by Kevin Jon Heller That’s the most disturbing line from another invaluable WikiLeaks cable about Israel and the Palestinians. [read post]
4 Sep 2011, 2:41 pm by Glenn Reynolds
PROFESSOR BAINBRIDGE: “Do law profs Kevin Jon Heller and Paul Horwitz really think that the mainstream media does not exhibit a consistent left-liberal bias? [read post]
4 Sep 2011, 1:57 am by Kevin Jon Heller
by Kevin Jon Heller A February 2010 cable from the US embassy in Tel Aviv to the State Department concerning a discussion with the IDF’s Military Advocate General about the Palestinian Authority’s request for the ICC to investigate Operation Cast Lead contains the following remarkable paragraph (emphasis added): Summary: IDF Military Advocate General Mandelblit updated the Ambassador on February 17 on the progress of investigations into allegations of… [read post]
3 Sep 2011, 5:18 pm by Kevin Jon Heller
  Here it is in full: Kevin Jon Heller of University of Melbourne and Opinio Juris: “Insofar as Israel insists that it is not currently occupying Gaza, it cannot plausibly claim that it is involved in an IAC [International Armed Conflict] with Hamas” (and thus the blockade of Gaza is unlawful). [read post]
3 Sep 2011, 11:07 am by David Bernstein
(David Bernstein) Kevin Jon Heller of University of Melbourne and Opinio Juris: “Insofar as Israel insists that it is not currently occupying Gaza, it cannot plausibly claim that it is involved in an IAC [International Armed Conflict] with Hamas” (and thus the blockade of Gaza is unlawful).U.N. [read post]