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29 Sep 2010, 7:41 pm by Kevin Jon Heller
by Kevin Jon Heller In its motion to dismiss the ACLU/CCR lawsuit, the government argues that the plaintiffs lack standing to bring the lawsuit on al-Aulaqi’s behalf, because al-Aulaqi has the option of surrendering to the government and bringing the lawsuit himself: Defendants state that if Anwar al-Aulaqi were to surrender or otherwise present himself to the proper authorities in a peaceful and appropriate manner, legal principles with which the United States has… [read post]
6 Dec 2010, 7:51 pm by Kevin Jon Heller
by Kevin Jon Heller According to a press release today, the OTP is conducting a preliminary examination into whether two recent North Korean attacks on South Korea qualify as war crimes: The shelling of Yeonpyeong Island on the 23 November 2010 which resulted in the killing of South Korean marines and civilians and the injury of many others; and The sinking of a South Korean warship, the Cheonan, hit by a torpedo allegedly fired from a North Korean submarine on 26 … [read post]
8 Oct 2010, 7:12 am by Kevin Jon Heller
by Kevin Jon Heller At Foreign Policy, Bill Egginton, the chair of German and Romance Languages and Literatures at Johns Hopkins — and more importantly, my best friend — has a fascinating article on Mario Vargas Llosa, the Peruvian novelist who just won the Nobel Prize for Literature. [read post]
31 Mar 2010, 3:12 am by Kevin Jon Heller
by Kevin Jon Heller NGO Monitor loves to criticize progressive NGOs for a lack of transparency concerning their funding. [read post]
21 Jun 2011, 8:00 am by Kevin Jon Heller
by Kevin Jon Heller Apologies for the light blogging the past couple of weeks - although the upside is that I am now officially Dr. [read post]
29 Jun 2012, 6:19 am by Kevin Jon Heller
by Kevin Jon Heller One of my favorite playlists on my iPod is a collection of anti-war songs from the Vietnam era. [read post]
2 Nov 2010, 7:19 pm by Kevin Jon Heller
by Kevin Jon Heller I have bumped Dave’s comment to the main page, because it’s worth a read — and not just because it supports my claim that Khadr will serve no more than two years in a Canadian prison… I have now heard back from the Canadian attorney quoted by the New York Times and after working through all the applicable statutes in detail, we conclude that the basic rules applicable to Khadr are that he should be eligible for parole… [read post]
20 Sep 2010, 6:26 pm by Kevin Jon Heller
by Kevin Jon Heller Steve Vladeck has been having a fascinating debate with Ben Wittes and Bobby Chesney about the merits — or lack thereof — of Sen. [read post]
19 Dec 2011, 7:41 pm by Kevin Jon Heller
by Kevin Jon Heller The Court of Appeal judgment orders the UK government to seek the release of Yunus Rahmatullah, an alleged member of Lashkar-e-Taiba who has been detained at Bagram since 2004, from U.S. custody. [read post]
31 Dec 2011, 5:29 pm by Kevin Jon Heller
by Kevin Jon Heller My thanks to Marty and Steve for their fascinating and insightful posts (here and here) on the NDAA. [read post]
12 Mar 2012, 1:19 pm by Kevin Jon Heller
by Kevin Jon Heller In a previous post, I noted that Peter Berkowitz defended the legality of a U.S. or Israeli attack on Iran’s non-existent nuclear weapons program by invoking U.S. practice — and only U.S. practice. [read post]
27 May 2012, 8:08 pm by Kevin Jon Heller
by Kevin Jon Heller I’ve been meaning to blog about the 33-year sentence that Pakistan recently imposed on Shakil Afridi, the doctor who secretly worked with the CIA to locate bin Laden. [read post]
6 Oct 2009, 6:25 pm
by Kevin Jon Heller Assuming that the other Circuits follow suit, Roger is almost certainly right that the Second Circuit’s recent decision in Talisman Energy “will be the death knell for most corporate liability claims under the Alien Tort Statute. [read post]
1 May 2012, 10:13 pm by Kevin Jon Heller
by Kevin Jon Heller Libya has now brought a formal admissibility challenge under Article 19 of the Rome Statute. [read post]
12 Jul 2016, 9:11 pm
Modirzadeh, Folk international law Kevin Jon Heller, The use and abuse of analogy in IHL Janina Dill, Forcible alternatives to war: legitimate violence in twenty-first-century international relations John Dehn, Whither international martial law? [read post]
24 Dec 2022, 11:38 am by Jacob Katz Cogan
Lobo de Souza, Nuremberg’s Enduring Legacy to International Justice Kevin Jon Heller & Lena Trabucco, The Legality of Weapons Transfers to Ukraine Under International Law Mais Qandeel & Jamie Sommer, Syria Conflict and its Impact: A Legal and Environmental Perspective Festus M. [read post]
6 Sep 2012, 5:01 am by Kevin Jon Heller
by Kevin Jon Heller Just when you thought you’ve seen everything — you haven’t: According to a statement posted on the website of the Special Court for Sierra Leone, Judge El Hadji Malik Sow, a Senegalese jurist who served as alternate judge for Trial Chamber II, has agreed to testify in the wake of the defense appeal. [read post]
22 Oct 2009, 8:02 pm
by Kevin Jon Heller I will remain agnostic until I can read the actual report, but a new article in the Sudan Tribune seems encouraging: The African Union (AU) panel that was tasked with balancing peace and accountability in Darfur has made an implicit endorsement of the International Criminal Court (ICC) prosecutions despite unfavorable disposition to the issue by African leaders and also called for a wide range of changes to Sudanese law and criminal law system. [read post]
6 Sep 2010, 7:52 am by Kevin Jon Heller
by Kevin Jon Heller Ben Wittes calls attention today to a Washington Post editorial defending the targeted killing of American citizens like Al-Aulaqi: [W]hen a target is hiding in a lawless state or in one which refuses to cooperate in his apprehension, other alternatives must be considered, including targeted strikes. [read post]