From the Editors
[This is a roundup of news articles and other materials circulating on Occupation, Intervention, and Law and reflects a wide variety of opinions. It does not reflect the views of the O.I.L. Page Editors or of Jadaliyya. You may send your own recommendations for inclusion in each biweekly roundup to OIL@jadaliyya.com by Monday night of every other week]
"Guantanamo Defense Lawyers Seek National Broadcasts of Cole Trial", Carol Rosenberg
Abd al Rahim al Nashiri's defense lawyers have asked the military commissions judge, Army Col. James L. Pohl, to provide video feeds currently reserved for closed-circuit broadcasts to C-SPAN, FOX, CNN, ABC, NBC, and CBS.
"Medics: Israeli Forces Shell North Gaza, 2 Killed", Palestine Center
A reposting from Maan, describes several recent bombings in the Gaza strip by the Israeli Defense Forces, including several eyewitness reports of the assaults.
"Four ICC Staff Members Detained in Libya", Gentian Zyberi
On 7 June, the Libyan government detained four members of a delegation sent by the International Criminal Court to meet with Saif Gaddafi, including Gaddafi's ICC-appointed lawyer, accusing the delegation of attempting to pass “dangerous documents” to Gaddafi, the son of the former Libyan leader.
"Supreme Court Denies Appeals to Seven Gitmo Detainees and Jose Padilla", Joe Wolverton, II
The Supreme Court has rejected the appeals of cases against the United States filed by seven different detainees at Guantanamo Bay, thus upholding the decisions of the lower courts, including one by the U.S. Court of Appeals for the District of Columbia Circuit that the burden of proof falls on the defendant to demonstrate the falsehood of information provided by the government.
"FIFA Wants Action on Hunger Striking Player", Palestine Center
FIFA President Sepp Blatter has "expressed grave concern" regarding the case of hunger striking Palestinian footballer Mahmoud Sarsak, asking the Israeli Football Association to intervene and calling Sarsak and other Palestinian footballers' incarceration an "injustice".
"Women and Children Rounded Up as Israel expels Africans", AFP/Al-Akhbar
An Israeli committee within the Knesset has approved drafts of legislation designed to more than double the maximum penalty for Israelis who assist illegal immigrants. Meanwhile, an Israeli court has ruled that about 1,500 migrants from South Sudan are no longer at risk for deportation. This ruling appears to have cleared the way for a slew of mass arrests of African migrants slated for deportation last week, with most of the arrests being migrants of South Sudanese origin.
"CIA Declines Lawmakers' Request for Information on Leaks", Chris Strohm
Representative Mike Rogers (R-MI), the head of a US House Intelligence Committee panel on leaks of classified data, tells Bloomberg Businessweek that the CIA has refused to respond to the panel's request for information about the disclosure of classified information, including the recent disclosure of information about a recent foiled Al-Qaeda bomb plot. Strohm writes of Congressional anger over recent leaks of classified information and the efforts of Dianne Feinstein and others to pass legislation that will prevent future leaks and launch an investigation. Charlie Savage of the New York Times writes of the legal difficulties inherent in successfully prosecuting a “leak case”.
"Limits on Sovereignty and Collective Security", Rosa Brooks
In two guest posts for IntLawGirrls, Brooks discusses two recent trends that stand to challenge the capability of the United Nations' collective security structure—and international law in general—to “constrain the use of force”. The first post, linked above, discusses the first trend, what Brooks calls “a changing of normative understandings”, while the second discusses changing warfare technologies.
"The ICC Must Consider Fair Trial Concerns in Determining Libya's Application to Prosecute Saif al-Islam Gaddafi Nationally", Jonathan O'Donohue and Sophie Rigney
Argues that the ICC's mission to “bring the hope of justice where impunity exists” requires it to ensure that a national justice system of Libya will respect Saif Gaddafi's right to a fair trial before deferring to Libya's national proceedings—particularly given that Gaddafi faces the death penalty. This argument rebukes recent statements of the ICC Prosecutor that the fairness of Libya's trial proceedings stood irrelevant to the process of considering Libya's challenge to the Gaddafi cases admissibility.
"Readings: The Canonical National Security Law Speeches of Obama Administration Senior Officials and General Counsels", Kenneth Anderson
Lawfare posts a list of links to speeches given by members of the Obama Administration addressing the Administration's approach to national security and counterterrorism, with a bent towards remarks addressing the legality thereof.
"OTP Responds to Libya's Admissibility Challenge", Kevin Jon Heller
Writing for Opinio Juris, Heller analyzes the Office of the Prosecutor of the ICC's response to Libya's challenge to the admissibility of the cases against Saif Gaddafi and Abdullah al-Senussi. Heller singles the response out as important due to its affirmation that states can prosecute international crimes as “ordinary crimes” without violating any principles set out in the Rome Statute and its explanation of why absence of due process in a national prosecution does not automatically make a case part of the ICC's jurisdiction.
"'Crowing' About Iran Sanctions Should Stop", Daniel Joyner
In a guest post on the European Journal of International Law's blog, Joyner presents a “comprehensive” view of the United States' sanctions program against Iran, arguing that it has not brought Iran to the negotiating table and will not end Iran's uraniam enrichment activities. Joyner writes that instead of “crowing” about the sanctions' supposed success, a “sober re-evaluation of the West's mishandling of the dispute with Iran...” is needed.
"The Legal Fog Between War and Peace", John Fabian Witt
Writing for the New York Times, Witt points out the argument over the legality of the United States' targeted killings program boils down to the question of whether the United States is at war or not. While Witt finds no easy answers to the question, he argues for a “third way between the longstanding models of war and peace”, which can be accomplished by rethinking the government's ability to regulate the targeting process and addressing the “problem of executive branch power”.
"The Court Retreats on Habeas", New York Times
Addressing the Supreme Court's rejection of seven habeas cases involving Guantanamo Bay detainees, this editorial concludes that “the Roberts court has no interest in ensuring meaningful habeas review for foreign prisoners”. Such decisions from the court, its argued, going against statements the Court has made in cases such as Boumediene, and serve to undermine the court's authority.
"What Would Augustine Do? The President, Drones, and Just War Theory", David Luban
Asking what President Obama may have learned from St. Augustine, Thomas Aquinas, and other theorists behind the concept of “just war” often used by the White House to justify the United States' targeted killings program, Luban finds “a messy mix of insights and errors” from Augustine and Aquinas as well as Obama.
"Global Opinion of Obama Slips, International Policies Faulted", Pew Research Center
In a survey of attitudes towards the Obama Administration worldwide, the Pew Center finds a widespread feeling that the United States acts unilaterally and without regard for the interests of other countries, as well as significant opposition to drone strikes and targeted killings worldwide. The survey finds that residents of Muslim countries are particularly opposed to the United States' counterterrorism efforts, but that Americans approve overwhelmingly of the drone campaign.
"Eyes on Israeli Military Court: A Collection of Impressions", Addameer
Addameer's booklet contains a series of the impressions of Addameer volunteers and associates who visited Israeli military courts in the occupied territories, in an effort to provide an insight into the inner workers of the “Kafka-esque” court.
"The NSEERS Effect: A Decade of Racial Profiling, Fear, and Secrecy" Rights Working Group
Rights Working Group reports on the Obama Administration's handling of the National Security Entry-Exit Registration System, a program launched in the wake of 9/11 for the purposes of registering non-citizens visiting the United States. The program has long-since been discredited as an egregious example of racial profiling, and this report documents the ways in which individuals and families from Muslim countries have been harmed by NSEERS, recommending the full dismantling of the program and the discarding of data collected by the program.
"International Law in the Next Two Decades: Form or Substance?” 5-7 July, 2012; Australian and New Zealand Society of International Law; Wellington, New Zealand; Register here
“The Political Economy of International Organizations”; 7-9 February, 2013; University of Mannheim and Heidelberg, Germany; Register/submit a paper here.
“Public Service, Competitive Examination and the Principle of Equality”, 14 June, 2012; Beirut, Lebanon, Universite Saint-Joseph.
"القدس تحت حكم تركيا الفتاة", Issam Nassar
"Israel and Palestine: International Law Updates", Sharon Weill
"On Legal Advocacy and Legitimation of Control", Hassan Jabareen
"Words Are Not Enough", Rina Rosenberg
"Reflections on a Silenced HIstory: The PCP and Internationalism", Musa Budeiri
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